TERMS OF SERVICE

The SuperViz Application and Website are owned and operated by SuperViz, Inc. (“SuperViz”).  IMPORTANT!  PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE APPLICATION OR WEBSITE.

1. Definitions

“Agreement” refers to these Terms of Service.

“Application” shall refer to any application, including Software Development Kits, mobile applications and applications for tablet computers, supplied by SuperViz to enable You to use the Services.

“Content” shall refer to the contents of the Application, Services, and Website, including without limitation the text, graphics, images, audio, and video, as well as any service descriptions, pricing, and reviews.  “Content” does not include User Submitted Content as defined below.

“Customer Data” refers to the electronic data and information collected by the Services in connection with Your use of the Services.

“SuperViz” refers to the company SuperViz, Inc.

“Services” refers to SuperViz’s provision of access and use of SuperViz Software, or Software Development Kits, to You and all services provided by SuperViz under this Agreement that enable You to access, customize, and use the SuperViz Software.

“User Submitted Content” shall refer to any content that You upload or submit when using the Application, Services, or Website, including, but not limited to, text, graphics, images, audio, and video.

“Users” shall refer to anyone who uses SuperViz’s Services, including users of the Application and Website.

“Website” shall refer to the website and Content at www.superviz.com.

“SuperViz Software” refers to the SuperViz software application, including Software Development Kits, whether mobile or web-based, that provides users with the ability to create, inhabit, communicate, collaborate, and operate in mixed, virtual, and augmented reality environments.

“You” shall refer to you, the person who is entering this Agreement with SuperViz. If You are entering this Agreement on behalf of yourself personally, then You refers to you as an individual.  If You are entering this Agreement on behalf of a business that is a separate legal entity, then You refers to that business entity.

2. Acceptance of the Terms of Service

By signing up for an account to use the Services or by using the Application, Services, or Website, You accept and agree to these Terms of Service and the Privacy Policy (available at www.superviz.com/privacypolicy), which is incorporated by reference into these Terms of Service.  These Terms of Service constitute a legal agreement between You and SuperViz and spell out the terms and conditions to which You must adhere.  If You do not agree to any of these terms and conditions, then do not use the Application, Services, or Website.

3. Services

3.1 Access to Services. SuperViz hereby grants You a non-exclusive, revocable, non-transferable, and limited right to access and use SuperViz Software. SuperViz Software is provided solely as a service and You are not provided with any license rights in or to the SuperViz Software. Upon termination of this Agreement, Your right to access and use SuperViz Software shall terminate.

3.2 Third Party Hosting and Availability of Services.  SuperViz’s Services are hosted through third party hosting vendors. Accordingly, the availability of Services will be dependent upon such third parties. You agree that SuperViz shall have no liability arising out of or relating to the use of such third party services to host and provide the Services.

3.3 Third Party Software and Services.  The Services may contain or use the services, software, and/or copyrighted information of third parties. In the event that the Services use or contain third party services or software, SuperViz shall ensure that Your use of the Services under this Agreement is permitted by applicable third party agreements or licenses. SuperViz does not warrant and has no responsibility for, and expressly disclaims any liability arising from, any third party services or software.

3.4 Data Protection. SuperViz will take reasonable measures to comply with data protection laws that are applicable to this Agreement and to keep personal and confidential information secure. Within thirty (30) days of termination of this Agreement, You may make a written request for a copy of Customer Data. Upon receipt of such written request, SuperViz will provide instructions as to how to receive the Customer Data. If You do not make such a written request within thirty (30) days of termination, then You provide consent to allow SuperViz to delete all Customer Data in its possession.

3.5 Support and Maintenance Services.  SuperViz shall provide general technical support services to You as described at www.superviz.com, including bug fixes, error corrections, modifications, enhancements, upgrades, and new releases to ensure functionality. In addition, SuperViz may offer premium technical support services at an additional charge.

4. IP Ownership and Rules of Use

The Application, Content, Services, and Website are owned by SuperViz and constitute proprietary information and property and are protected by United States copyright and/or trademark law, as well as applicable foreign laws.

As a condition for your use of the Application, Services, and Website, You agree (i) not to use the Application, Services, or Website for any illegal or unauthorized purpose and to comply with all applicable laws, rules, and regulations (whether federal, state, or local); (ii) not to submit any User Submitted Content that is violent, threatening, pornographic, racist, defamatory, hateful, or otherwise objectionable as determined by SuperViz in its sole discretion; and (iii) not to interfere or disrupt the Application, Services, or Website or servers or networks connected to them, including, but not limited to, transmitting any worms, viruses, spyware, malware, or any other destructive code.

5. Payment and Fees

If You choose to sign up for an account and use the Services, You agree to pay and be responsible for all applicable charges and fees for such Services.  You can view the current charges and fees associated with the Services at www.superviz.com.  All fees are set out in U.S. dollars.

To the fullest extent permitted by law, fees paid to SuperViz are non-refundable.  In extraordinary circumstances, SuperViz may consider refunding fees paid to SuperViz but is under no obligation to do so and any such refunds are at the discretion of SuperViz.  Nothing in these Terms of Service obligates SuperViz to extend credit to any party.

You acknowledge and agree that You are the owner of any credit card account, PayPal account, and/or any other payment method that You submit to SuperViz for payment of the Services.  SuperViz utilizes third party payment processors to process payments.  You acknowledge and agree that any credit card and related billing and payment information that You provide to SuperViz may be shared with companies who work on SuperViz’s behalf, such as payment processors, solely for the purposes of verifying credit card ownership, effecting payment, and servicing your account.  You agree that SuperViz is not responsible for the actions of any third party payment processors.  You are responsible for reviewing any applicable terms of service issued by any such third party payment processors.

6. Relationship of Parties

No joint venture, partnership, employment, or agency exists between You and SuperViz, and nothing in these Terms of Service shall be construed as creating any joint venture, partnership, or employment relationship.

7. Account Information

You need an account to use the Services.  You may create an account by following the instructions provided on the Application or Website.  You shall protect any passwords and account information and take full responsibility for your own, and third party, use of any of your accounts.  If You learn of any unauthorized use of your password or account, contact SuperViz immediately.

8. User Submitted Content

You represent and warrant that You own all intellectual property rights in any User Submitted Content or that You have the appropriate license rights from the owner for any User Submitted Content.  You retain all ownership rights to your User Submitted Content.  By submitting content when using the Application, Website, or Services, You grant SuperViz a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, adapt, publish, translate, create derivative works, and distribute your User Submitted Content for the sole purpose of providing the Services.

9. IP Notifications

SuperViz disclaims any liability for any User Submitted Content or third party content submitted or posted when using the Application, Services, or Website.  If You believe that any materials infringe your copyright, trademark, or other intellectual property right, please send a written notification of your claim to SuperViz at info@superviz.com.

To provide effective notification, please provide the following information:

• An electronic or physical signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly being infringed;
• A description of the copyrighted work, trademark, or other intellectual property right that is allegedly being infringed;
• The location of the allegedly infringing material;
• Your name, address, email address, and telephone number;
• The following statement: “I have a good faith believe that the use of the material is not authorized by the intellectual property owner”; and
• A statement under penalty of perjury that the information in the notification is accurate and that You are the owner of the intellectual property right or that You are authorized to act on behalf of the intellectual property right owner