Last Updated: June 13, 2023
Welcome to Violet Flame Experience! Violet Flame Experience, Inc. (“Violet Flame Experience”) builds XR (virtual reality and augmented reality) and other digital fitness and wellness experiences, which are made available through our software application (the “App”) and our website (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the Site, our App, and the services and functionality accessible via the Site and our App. To make these Terms easier to read, the Site, the App, and our services are collectively called the “Services.”
Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND VIOLET FLAME EXPERIENCE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY THE SECTION TITLED “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy. Our Privacy Policy is located at violetflameexperience.co.uk/privacy.
Changes to Terms or Services. We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in “Effect of Changes on Arbitration,” you should discontinue using the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Eligibility. According to Meta's guidance, it is recommended that you are 13 years or older to use the services and are not barred from using the Services under applicable law.
Registration and Your Information. If you want to use certain features of the Services, you’ll have to create an account (“Account”). It’s important that you provide us with accurate, complete, and up-to-date Account information and update this information as needed. You shouldn’t disclose your Account password to anyone, and you should notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether you know about them or not.
Session Data. The App may measure, collect and store information or data related to your eye and head movement, heart rate and breathing, and your mood and feelings (measured through your responses to surveys and questionnaires in the App). Such information and data is collectively referred to as “Session Data”.
Processing and Storage of Personal Information. As part of your use of the Services, you agree to the processing and storage of your personal information in the United States, including the processing and storing of your personal information in the United States for the purposes of processing payments and tracking individual use of the Services. By using the Services, you acknowledge that you understand and agree that the United States may not have the same level of protections for your personal information that exists in your country of residence, and you nonetheless consent to the processing and storage of your personal information in the United States. We will take measures as required to comply with applicable law regarding the transfer, storage, and use of certain personal information.
Not a Medical Treatment. Please note that Violet Flame Experience does not provide any medical advice, diagnosis or engage in the practice of medicine. The Services are not intended to be and do not constitute a substitute for professional medical advice, diagnosis, or treatment. The Services, and all content made available through the Services, is for informational and entertainment purposes only. You acknowledge and agree that (a) Violet Flame Experience is not a healthcare provider or wellness instructor; (b) the Services (including any recommendations and any information available through the Services that may be personalized) may not be appropriate for you and does not constitute or replace medical advice; and (c) Violet Flame Experience is not responsible for any results that may (or may not) be obtained from the use of the Services. You acknowledge and agree that it is your sole responsibility to consult with your personal physician regarding any medical condition, impairment, or disability, including those that may prevent or limit your ability to use the Services. You further understand and agree that you are solely responsible for abiding by your personal physician’s recommendation as to any such medical restrictions, and for using the Services solely in accordance with your personal physician’s advice. You assume full responsibility for the use of any information obtained through the Services and agree that we’re not responsible or liable for any claim, loss, or damage arising from using that information. If you rely on any information provided through the Services, you do so at your own risk.
Personal Non-Commercial Use. The Services are made available solely for personal non-commercial use. You may not exploit the Services or any of its features or Content for commercial or business purposes, or otherwise use the Services in a manner that is inconsistent with these Terms.
Feedback. We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us through Contact Us Form. Any Feedback that you provide to us will be treated as non-proprietary and non-confidential, and you hereby grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any and all purposes, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity. Any such Feedback will not be returned to you and Violet Flame Experience has no obligation to acknowledge receipt of or respond to any Feedback. If you submit Feedback, you represent and warrant that you own or otherwise control the rights to your Feedback, and you agree to indemnify Violet Flame Experience and its affiliates for all claims arising from or in connection with any claims to any rights in any Feedback or any damages arising from any Feedback.
Organisational Offerings. Certain organisations (for instance, universities, hospitals, and companies) (“Organisations”) may purchase and make the Services available to their employees and members. In some cases, these Organisations may supplement these Terms with their own terms and conditions, which may include additional terms around subscription redemption, usage, or supplementary payment for accessing the Services. In such an event, the additional Organisational terms and conditions shall also apply to your use of the Services. In the event of any conflict with such additional Organisational terms and these Terms, the additional Organisational terms shall prevail.
We may charge fees associated with certain Services, including, without limitation, for subscriptions to certain Services (“Subscriptions”), the download of Apps, and the purchase of virtual goods, add-ons, or benefits (“Virtual Items”). Such products or Services may be made available for purchase on specified pages of the Site, within the Apps, on third-party App stores and marketplaces (“App Providers”), or otherwise as indicated through the Services. The price of any product or service purchased through the Services will be the price specified at the time of your purchase. Prices for all products and services exclude all applicable taxes and telecommunication charges, unless otherwise indicated. To the extent permissible by law, you agree to be responsible for any such applicable taxes and telecommunication charges. Your purchase of any App, Virtual Item or other content constitutes your representation and warranty that you are of legal age to form a binding contract, and if not of legal age, that you have placed such order with the permission of a parent or legal guardian, and that you are not a person barred from using or receiving the Services by any local, state, federal or international law. All payments for purchases are non-refundable and non-transferable except as expressly provided in these Terms.
If you provide credit card information to us, you represent that you are the authorized user of the credit card that is used to pay the Subscription or other fees. If you order a Subscription, each month that you use the Services, you agree and reaffirm that we are authorized to charge your credit card for the Subscription fee. You agree to promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify us if your credit card expires or is canceled for any reason. We reserve the right to collect applicable taxes and impose premium surcharges for certain Services.
Subscriptions to Violet Flame Experience Services may be made available to you on a monthly, yearly, or other periodic basis. By purchasing a Subscription, you authorize Violet Flame Experience (and/or the App Provider concerned) to initiate recurring non-refundable payments until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Violet Flame Experience. Your Subscription continues until canceled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
Your purchase of a Subscription is final, and you will not be able to cancel the purchase or receive a refund of your Subscription fee at any time. If something unexpected happens while completing a purchase, we reserve the right to cancel your purchase for any reason. If we cancel your purchase, we’ll refund any payment you have already remitted to us for such purchase. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will be effective at the end of the then-current Subscription period. You will not receive a refund of any portion of the Subscription fee paid for the then-current Subscription period at the time of cancellation. You can cancel via the Site, or by sending an email through Contact Us Form with the subject line “Cancel Subscription” and including your name, email and username associated with your Account, and your desired cancellation date in the body of the email. You will be responsible for all Subscription fees incurred for the then-current Subscription period. If you cancel, your right to use the Services will continue until the end of your then-current Subscription period and will then terminate without further charges.
Certain Services and Virtual Items may be made available to you for a charge. We assume no liability for purchaser error, trial versions, software purchased for the wrong device or platform, promotion codes or discounts not provided at the time of purchase, or any purchased item 90 days after the purchase date for any reason. We will not be liable for any errors on billing statements issued to you by your wireless carrier, or any App Provider. In no event will we be liable for any defects or other problems associated with downloads or purchases through the Services after a period of ninety (90) calendar days has expired from the date of such download or purchase, as applicable. Please read the system requirements very carefully before making any purchases.
Virtual Items have no real-world value and cannot be redeemed for actual currency, goods, or other items of monetary value, even if you have unused Virtual Items remaining in your account at the time your account is closed, whether such closure was voluntary or not. All sales of Virtual Items are final. No refunds will be given, except in our sole and absolute discretion. The purchase of any Virtual Item is merely the purchase of a license to use the Virtual Item in the applicable Services and does not transfer ownership of that Virtual Item to you. This license is personal to you and cannot be sold, transferred, assigned, gifted, traded, or sublicensed.
Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you provide to be made available through the Services.
Our Content Ownership. Violet Flame Experience does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Violet Flame Experience and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant to Violet Flame Experience a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Violet Flame Experience on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Removal of User Content. You may remove your User Content by specifically deleting it. However, in certain instances, some of your User Content (such as posts or comments you make, or images you provide as part of the Services) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Rights in Content Granted by Violet Flame Experience. Subject to your compliance with these Terms, Violet Flame Experience grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Rights in the App Granted by Violet Flame Experience. Subject to your compliance with these Terms, Violet Flame Experience grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device, VR headset, or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Violet Flame Experience reserves all rights in and to the App not expressly granted to you under these Terms.
Accessing the App. The following Terms apply to any App accessed through or downloaded from any App Provider (like the Meta Quest Store, Apple App Store, or Google Play). You acknowledge and agree that:
The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Violet Flame Experience will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. The App Provider, and its subsidiaries, are third-party beneficiaries of these Terms as related to your license to the App, and that, upon your acceptance of the Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.K. Government embargo, or that has been designated by the U.K. Government as a terrorist-supporting country; and (ii) you are not listed on any U.K. Government list of prohibited or restricted parties. You must also comply with all applicable third-party terms of service when using the App.
To use the App, your mobile device, VR headset, or computer will need to satisfy certain system requirements. These requirements can be found on our Site and wherever the App is made available by an App Provider.
General Prohibitions; Violet Flame Experience’s Enforcement Rights. You agree not to do any of the following:
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.