file-contractImmersiX App Terms of Use

General terms governing download and use of the ImmersiX application and streaming service.

Introduction and acceptance

These Terms of Use (Terms) govern your download, installation and use of the ImmersiX application (App) and the general streaming service made available through it (Service). The App and Service are provided by V-Nova Limited (V-Nova, we, us or our).

By downloading, installing or using the App, you agree to these Terms. If you do not agree, you must not download, install or use the App.

These Terms apply in addition to the terms that govern your use of the Apple App Store, your Apple device and your Apple ID. Content-specific access rules, including rules for free titles and paid titles, are set out in the separate ImmersiX Content Access Terms. If there is any conflict between these Terms and the Content Access Terms on a content-access issue, the Content Access Terms will prevail for that issue.

About ImmersiX

ImmersiX is an immersive video streaming application designed for Apple Vision Pro. It allows you to browse and stream immersive content using cloud-based delivery infrastructure.

Content in the App may include both free titles and paid titles. Free titles are made available at our discretion. Paid titles require purchase through Apple in-app purchase before access is granted.

Content is streamed to your device. The App does not give you a right to download or keep a local copy of content unless we expressly say otherwise.

Your relationship with Apple

These Terms are between you and V-Nova only, and not with Apple. V-Nova, not Apple, is responsible for the App and its content. These Terms must not be read in a way that conflicts with the Apple Media Services Terms and Conditions or other applicable Apple usage rules.

Apple has no obligation to furnish any maintenance or support services for the App. To the extent any maintenance or support is required, V-Nova is solely responsible for it.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price of the App (if any). To the maximum extent permitted by law, Apple has no other warranty obligation in relation to the App.

V-Nova, not Apple, is responsible for addressing claims by you or any third party relating to the App or your possession and use of the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy or similar legislation.

In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, V-Nova, not Apple, will be solely responsible for investigating, defending, settling and discharging that claim.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

The App is intended for users aged 13 or over. If you are under the age of majority where you live, you may use the App only with the consent and supervision of a parent or legal guardian.

You represent and warrant that you are not located in a country or region that is subject to a U.S. Government embargo, or designated by the U.S. Government as supporting terrorism, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

You must also comply with any applicable third-party terms when using the App, including the terms that apply to your Apple device, Apple ID, connectivity services and headset environment.

Licence to use the App

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download, install and use the App on compatible Apple-branded devices that you own or control, for your personal, non-commercial use only and as permitted by Apple’s usage rules.

You may not sell, sublicense, rent, lend, distribute, reverse engineer, decompile, modify or create derivative works of the App except to the extent applicable law expressly permits despite this restriction.

All rights not expressly granted to you are reserved by V-Nova and its licensors.

Free titles and general content rules

Some titles may be made available without payment. Free titles are offered at our discretion and may be changed, restricted, withdrawn or moved behind a paid access model at any time.

Free access is intended for ordinary personal use only. Because streaming free content still generates operating costs for V-Nova, free-title access is subject to reasonable use. We reserve the right to restrict, suspend, rate-limit or block access where we reasonably consider use to be abusive, excessive, abnormal, fraudulent, commercially exploitative, designed to circumvent our content model, or otherwise inconsistent with ordinary personal viewing.

The detailed rules for free-title access and paid-title access are set out in the separate ImmersiX Content Access Terms.

Acceptable use and service protection

You must not use the App or any content for any unlawful purpose or in a way that infringes the rights of V-Nova, our licensors, other users or any third party.

You must not capture, record, copy, redistribute, broadcast, communicate to the public, scrape, mirror or otherwise reproduce any content streamed through the App.

You must not interfere with, bypass, disable or circumvent any entitlement controls, security features, technical protection measures or usage restrictions used in connection with the App or the Service.

We may monitor technical usage patterns and entitlement status to operate, secure and improve the Service and to detect misuse, fraud, refund invalidation, abnormal free-title usage and other bad-actor behaviour.

Health and safety

The App presents immersive content intended for use with Apple Vision Pro. Some users may experience discomfort, motion sickness, nausea, dizziness, eye strain, headaches or disorientation. If you experience discomfort, stop using the App immediately.

Do not use the App while driving, cycling, operating machinery or undertaking any activity that requires full attention to your physical surroundings. Use the App only in a safe environment and take regular breaks.

If you have a medical condition that may be affected by immersive or virtual-reality experiences, consult a medical professional before using the App.

Availability, changes and support

We do not guarantee that the App, any title or the Service will always be available, uninterrupted, error-free or compatible with every device, software version or network condition.

We may update, modify, suspend or discontinue the App, the Service or any title at any time for legal, technical, commercial, operational or rights-related reasons.

Where support contact details are provided in the App or these Terms, those details apply to support for the App and Service. For Apple billing, Apple ID or Apple payment issues, you may need to contact Apple directly.

Intellectual property

The App, the Service and all content made available through the App are protected by intellectual property laws and remain owned by V-Nova and/or its licensors. Your use of the App does not transfer ownership of any intellectual property rights to you.

Consumer rights, disclaimers and liability

Nothing in these Terms excludes or limits any rights you have under mandatory consumer law, including under the Consumer Rights Act 2015 where applicable.

Subject to that, the App and Service are provided on an “as available” basis. To the fullest extent permitted by law, we exclude all warranties, representations and conditions not expressly set out in these Terms.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot lawfully be excluded or limited.

Subject to the previous sentence, V-Nova will not be liable for indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, goodwill, anticipated savings or data arising from your use of or inability to use the App or Service.

Subject to mandatory law, our total aggregate liability to you arising out of or in connection with these Terms will not exceed the greater of (a) the total amount you paid to access paid titles through the App in the 12 months before the event giving rise to the claim and (b) GBP 50.

We may suspend or terminate your access to the App or Service immediately if we reasonably believe that you have breached these Terms, engaged in abuse, fraud or misuse, attempted to circumvent entitlement checks or security measures, or created material legal, technical or operational risk for us or our providers.

You may stop using the App at any time by deleting it from your device. Deleting the App does not itself entitle you to a refund of any paid-title purchase.

Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. If you are a consumer, you may also have the benefit of mandatory local consumer protections and, where applicable, the right to bring proceedings in the courts of your place of residence.

Subject to those consumer rights, the courts of England and Wales have jurisdiction in relation to disputes arising out of or in connection with these Terms.

Contact details

Legal entity

V-Nova Limited

Registered office

Level 2, 20 Eastbourne Terrace, London W2 6LG, United Kingdom

Telephone

+44 20 3481 4300

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