Terms of Service

Last modified: 2019-01-28

Summary:

  • Welcome to Calm Place – we’re happy to have you! Calm Place is a virtual space for tranquility, relaxation and guided meditation. A new part of your daily routine!
  • These Terms are applicable for when we at Mimerse AB provide our Services (our virtual meditation app Calm Place) to you, as an end-user.
  • You should not use our Services as a substitute for professional help if you suffer from mental health issues.
  • We provide the Services completely free of charge.
  • You must be at least 13 years of age to use our Services.
  • We collect and process your personal information when you use our Services; please read our Privacy Policy to better understand what the processing of your personal information means for your privacy and what control you have of your personal data.
  • When you, as a consumer, download Calm Place from Oculus Store the Services are only available for your private use.
  • By signing up for our Services you acknowledge and agree to these Terms and that you have read and understood our Privacy Policy (excluding consenting to use of mood rating).

Table of Contents:

  1. Introduction
  2. Your Use of the Services
  3. The Service
  4. Termination of your use of the Services
  5. Your personal information and use of aggregated data
  6. Intellectual property
  7. Extraordinary circumstances (Force Majeure)
  8. Service is provided as is
  9. Limitation of liability
  10. Changes and updates to these Terms
  11. Entire Agreement and Severability
  12. Assignment and Sale of Business
  13. Governing law, legal disputes and complaints
  14. Adjustments for end-users from professional customers (non-consumers)
  15. Specific additions regarding the Chinese market

CHANGE HISTORY

Terms of Services – Full Text

When reading the Terms, you will see a summary of each section to the left of the full text. The summaries are just there to make reading and understanding easier for you. They are not part of the Terms.

1.   Introduction

1.1  Welcome to Calm Place – we’re happy to have you! Calm Place is a virtual space for tranquility, relaxation and guided meditation. A new part of your daily routine! We provide our service Calm Place as an application via Oculus Store (“Services”).

1.2  These Terms of Services (“Terms”) are applicable for when Mimerse AB, reg. no. 556980-2662, Stortorget 7, 111 29 Stockholm, Sweden, (“Mimerse”, “we”, “us”) provide you with our service Calm Place , a virtual reality space available via the Oculus Go, Gear VR and Xiaomi VR Standalone (China), developed to help our users calm down and reduce stress and anxiety.

1.3  We have developed our products and services in close collaboration with top researchers and clinicians and we are completely confident in our products. However, we provide our Services as complementary meditation and stress relief. You should not use our Services as a substitute for professional help if you suffer from mental health issues. Mimerse will not be liable for any mental health issues arising from using the Services.

1.4  Please note that if you are a user of our Services because your organization has purchased a license to use our VR therapy products, you are not a consumer, and so several of the provisions of these Terms will not apply to you. Please see section 9 below for more information.

1.5  When you, as a consumer, download Calm Place from Oculus Store the Services are only available for your private use. You are not allowed to distribute, market, or in any other way commercially use the Services without a commercial license from Mimerse. If you want to use the Services for business or commercial purposes, you must first obtain a commercial license via our website www.mimerse.com.

1.6  By signing up for, and using, our Services you acknowledge and agree to these Terms and our Privacy Policy (excluding consenting to our use of your mood rating, which is subject to your specific consent), which explain how we collect, use and share information (incorporated herein by reference). If you do not accept our terms and policies, you may not use the Services.

1.7  Our Services is available for any person who is at least 13 years of age, free of charge. Your use of the Services is personal.

1.8  If you are looking for information on how we use your personal data, please see our Privacy Policy.

1.9  If you have any questions, feel free to contact us at support@mimerse.com.

2.   Your Use of the Services

2.1  Mimerse grants you a limited, non-exclusive, non-transferable and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell or lease any part of the Services. To the extent permitted by law, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that we provide, and you may not “scrape” our website, application or Services through automated means or “frame” any part of our website, application and Services.

2.2  If you access the Services through downloadable software, this software may update itself automatically on your device.

2.3  If you are using Calm Place on behalf of a business or other entity with a commercial license, you represent and warrant that you have any necessary authority to legally bind that business or entity to these Terms and that you are agreeing to these Terms of behalf of that business or entity.

2.4  To use our Services, you will need access to an Oculus Go headset or a Gear VR headset. In China, the Services will also be available in Xiaomi VR Standalone. For more on availability in China, please see section 10 below.

2.5  Our Services are available in English and Swedish. They will soon be available in Chinese. You will find all currently available languages here: https://mimerse.com/products/calm-place/.

2.6  You will be able to use the Services by downloading our app Calm Place.

2.7  When you put on your Oculus Go or Gear VR headset, you will be asked to provide optional information regarding how you are feeling at the moment. You will be able to answer this question by clicking a so-called mood bar, on a scale where you can choose your level of current well-being.

2.8  You will then be asked to choose how long you would like your meditation session to be (from 9 to 20 minutes), in which of the Calm Place locations you would like your session, as well as what type of relaxation exercise you want (voice over guide).

2.9  For your relaxation exercise, you may choose between a 7-day mindfulness program, simple meditation, and a deep breathing and muscle relaxation exercise.

2.10  When you have made all the necessary choices, the location will load, and the voice over will guide you through your chosen relaxation exercise.

2.11  We are constantly improving and tweaking our products. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback, comments, or suggestions regarding the Services, you grant Mimerse the right to use such feedback or comments for any purpose without restriction or payment to you.

3.   The Service

3.1  Calm Place is a relaxation VR experience that is being used in hospitals to decrease stress and anxiety. We’ve also added relaxation exercises such as mindfulness, meditation, deep breathing, muscle relaxation so that you can return daily to work on your well-being!

3.2  Calm Place is based on research showing that being in nature, or even viewing scenes of nature, reduces anger, fear, and stress and increases pleasant feelings. Exposure to nature not only makes you feel better emotionally, it contributes to your physical wellbeing, reducing blood pressure, heart rate, muscle tension, and the production of stress hormones.

3.3  The Services are provided free of charge. However, additional costs may apply by way of individual phone service provider charges and data charges, which you agree to be responsible for.

4.   Termination of your use of the Services

4.1  You may at any time stop using the Services and without notice to us.

4.2  We have the right to terminate your use of the Services if you breach one or several sections of these Terms, effective immediately.

4.3  In the event of termination, section 2 and sections 6-13 shall survive and continue to apply to you.

5.   Your personal information and use of aggregated data

5.1  By agreeing to these Terms, you are ensuring that all information you provide is correct, belongs to you and is yours to use.

5.2  When you use our Services, we collect personal information about you in accordance with the provisions of our Privacy Policy. Please read our Privacy Policy to better understand what the processing of your personal information means for your privacy and what control you have of your personal data. You will find a quick summary below, but we recommend that you also visit our Privacy Policy to get the full scope.

5.3  Some information, such as data containing information about your behavior when using the Services, will be immediately anonymized, unless you have given us your explicit consent to use this personal data un-anonymized. Anonymization of data means that we make sure that we in no way can link the information back to you, meaning that this kind of information is not personal data.

5.4  We use this anonymous information about how you use our Services for statistics, service improvement, product development and other kinds of research. This data will be completely anonymous and does not constitute personal data. It may therefore be stored a longer time than your personal information.

5.5  Please see our Privacy Policy for more information on our use of your personal data.

6.   Intellectual property

6.1  All of the content and materials available on the application, website, and through the Services, are protected by copyrights, trade mark and/or other intellectual property laws, held by Mimerse AB or any of our business partners. You herby confirm and consent to that the Site, Application and Services with all its intellectual property rights, including data, belong to Mimerse, or any of Mimerse’s licensees or licensors, exclusively. You may not delete, change, distribute or distort any type of copyright-, trademark- or other intellectual property right that is available on or in connection to the Services. No content available through our Services may be reproduced, adapted, linked to, distributed or used in any way without prior written consent from us at Mimerse AB.

7.   Extraordinary circumstances (Force Majeure)

7.1  Mimerse shall not be responsible for any issues you may experience with the Services due to causes or events such as fires, floods, explosions, riots, wars, warlike events, hurricanes, sabotage, terrorism, vandalism, accidents, restraints of government, governmental acts, injunctions, labor strikes, and other similar events. These circumstances shall constitute grounds for freedom from liability and other sanctions. (Force Majeure).

7.2  We will always strive to make sure that the Services and the apps are sufficiently technically maintained. However, Mimerse will not be liable for any loss of meditation time, or any other similar occurrence, due to any technical issues that may arise with the Services or the apps. If you experience technical problems with the Services, please contact us at support@mimerse.com.

8.   Service is provided as is

8.1  The Services is provided ‘as is’ without warranty of any kind and your use of the Services is solely your responsibility. We do not grant any warranties, express or implied or otherwise, as to the accessibility, quality, fitness for any particular purpose, suitability or accuracy of the Services. We advise you not to trust the accuracy of the Services and expressly disclaim all liability regarding the functionality of the Services.

8.2  There may be situations when the Services will not be accessible, including but not limited to necessary maintenance and circumstances outside our control, for which we shall never be liable.

8.3  Furthermore, we reserve the right at any time to modify, discontinue, temporarily or permanently cease providing the Services without prior notice at any time on our own discretion, or if required by law or decision by an authority. You agree that we shall not be liable to you or to any third party for such modification, suspension or discontinuance.

9.   Limitation of Liability

9.1  Mimerse is not liable for any direct nor indirect loss suffered by you, unless Mimerse has been found guilty of gross negligence. This limitation of liability includes, but is not limited to, loss of production or sales, loss of profit and cost of capital. Mimerse´s liability under this section shall, in any event, be limited to an amount of SEK 1 000.

9.2  Mimerse is under no circumstances liable for any loss or damages of any kind that are directly or indirectly related to: (i) the Site, Application and Services; (ii) use and interpretation of information presented in the Site, Application and Services, (iii) the content of the Site, Application and Services; (iv) your use of, or inability to use or the performance of the Site, Application and Services; (v) matters of payment and the chosen payment method of your purchase; (vi) the postal service supplier of your purchase; (vii) any loss of information, data or your content; (viii) loss of production or sales, loss of profit and cost of capital or; (ix) any action taken in connection with copyright or other intellectual property owners.

9.3  Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, Mimerse’s liability will be limited to the greatest extent permitted by law.

9.4  You will indemnify and hold Mimerse (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, our policies, or your violation of any law or the rights of a third party.

10.   Changes and updates to these Terms

10.1  As we will continue to update and develop our Services, these Terms will also be updated and changed. We reserve the right to modify and update these Terms at any time. Any updates will be announced via our website and in the app. If changes are made to the Services that negatively affect your rights, we will inform you with a proper notice as required by applicable law.

10.2  When the Terms are updated, the latest update date is shown at the top of the Policy and the changes are described on the Change History page.

10.3  The Terms will automatically enter into force for all existing users on the date of publication. Your continued use of our services from that date will be subject to the new Terms.

10.4  Mimerse recommends that you check our website, www.mimerse.com, regularly to keep yourself up to date.

11.   Entire Agreement and Severability

11.1  These Terms, subject to any amendments, modifications, or additional agreements you enter into with Mimerse, shall constitute the entire agreement between you and Mimerse with respect to the Services and any use of the Services.

11.2  If any provision of these Terms is found to be held invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

12.   Assignment and Sale of Business

12.1  Mimerse has the right to assign its rights and obligations under these Terms and Privacy Policy to other companies within the same group of companies. Furthermore, we have the right to subcontract the performance of our duties under these Terms.

12.2  We reserve the right to transfer your information, subscription user account and Personal Data we have in the event of a merger with a third party upon a sale or transfer of all of our business to a third-party acquirer. A third-party acquirer shall honor the commitments to you made in these Terms and in our Privacy Policy.

13.   Governing law, legal disputes and complaints

13.1  These Terms shall be governed by Swedish law, without regard to its conflict of law rules and excluding the UN Convention of International Sale of Goods.

13.2  If you have any complaints concerning the Services, we ask that you first contact us at support@mimerse.com and we will do our best to resolve the matter in good faith.

13.3  With a view to reaching an out-of-court settlement between our users and Mimerse, the user my contact the online platform provided by the EU. The so-called Online Dispute Resolution (“ODR”) is available here http://ec.europa.eu/consumers/odr/

13.4  In case of any legal dispute arising from these Terms, which is not settled through alternative dispute settlement, the Swedish courts shall have exclusive jurisdiction with Stockholm’s district court as the court of first instance, to the extent permitted by applicable law.

14.   Adjustments for end-users from professional customers (non-consumers)

14.1  If you are a user of our Services because your organization has purchased a license to use our VR therapy products, you are not a consumer, and so some of the provisions of these Terms will not apply to you.

14.2  If you are not a consumer the following Terms will not apply to you:

  • Any provisions regarding ODR and consumer rights (sections 13.3-13.4).

15.   Specific additions regarding the Chinese market

15.1  Calm Place will be available for the Chinese headset Xiaomi VR Standalone. For users located in China, who use our Services via Xiaomi VR Standalone, the Services will be available for a one-time fee as stated on Xiaomi’s platform.

CHANGE HISTORY

28 January 2019. Publication of Terms of Service. The Terms will automatically enter into force for all existing users on the date of publication. Your continued use of our services from that date will be subject to the new Terms.

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