Terms of Service

These Terms govern your access to and use of the products and services Virtual Reality Jam Limited (herein ‘we’) provides through its web application (www.realityjam.io) and websites (www.realityjam.io, www.vrjam.com, www.aijam.io, www.5thdimemsion.gg and www.deus-x.io) (collectively, “Services”).

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

Please see below to determine which entity your Agreement is with, which depends on where you reside and which Services you use. We use the term “Designated Countries” to refer to Australia, Canada, Japan, Mexico, New Zealand, Russia, and all countries located in Europe (including the UK and ROI). All [Company Name] Services

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account.

We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response. We may limit your access to our Services until we’re able to verify your account information, like your email address. When you create a Realityjam account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message. You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it. If you'd like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 18. If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

• We don’t have any control over third-party websites.

• A link to or from one of our Services does not represent or imply that we endorse any third-party website.

• We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.

• You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.

• We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

• Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.

• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. Fees, Payment, and Renewal

5.1. Realityjam Fees

Fees for Paid Services. Some of our Services are offered for a fee, like AiJAM and VRJAM (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until the end of the minimum contract term or after this, until you cancel, which you can do at any time by contacting the relevant support team.

5.2. Taxes

To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment. Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

5.3 Automatic Renewal

To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a 3 month subscription to a Realityjam plan, you’ll be charged each year for access for another 3-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and may be changed by us as required. If you’ve purchased access to multiple services, you may have multiple renewal dates. You can view your renewal date(s) and manage subscriptions for Realityjam Paid Services by visiting your Account Info page.

5.4 Fees and Changes

We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

5.5 Refunds

We may have a refund policy for some of our Paid Services, and we’ll also provide refunds if required by law. In all other cases, there are no refunds and all payments are final.

5.6. Fees Collected by Marketplace Users

Fees generated by you via the sale of products via our marketplace may be subject to a commission of up to 5% gross. Marketplace users can sell items generated using our platform in a peer to peer fashion. We’re not involved in your marketplace operations (including the quality, timing, pricing, or legality of what may or may not be included in exchange for payment, or any assets made available for sale or purchased). If you buy items from our marketplace, you’re making the purchase directly from the vendor of the asset you purchase, and they are solely responsible for the items sold.

6. General Representation and Warranty

In particular, you represent and warrant that your use of our Services:

• Will be in strict accordance with the Agreement;

• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);

• Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;

• Will not infringe or misappropriate the intellectual property rights of Realityjam,. VRJAM, AiJAM, 5th Dimension, any of our staff, team members, employees or agents or any associated third party;

• Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;

• Will not disclose the personal information of others;

• Will not be used to send spam or bulk unsolicited messages;

• Will not interfere with, disrupt, or attack any service or network;

• Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;

• Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and

• Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

8. Specific Service Terms

There are certain features offered via Realityjam that enable you to sell items (goods, content, services, etc.) or receive payments on via our marketplace. If you use our marketplace, the terms in this subsection apply, along with the terms for any underlying Service that you use in connection with the marketplace such as our Venue Staking Pools.

We’re not involved in your relationships or transactions with any customer or potential customer.

You may only use Ecommerce Services for legitimate transactions with your customers.

You must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties you’ve made. For example, if you’d like to offer NFT purchasers a new NFT each week for contributing to Venue STaking Pool, but aren’t sure if you’ll be able to produce them, you should be clear that additional NFTs are a goal and not a guarantee.

You’re responsible for the nature and quality of the products you provide, including providing any appropriate warnings and for any other ancillary services you provide to your customers.

If you have transactions with individuals (i.e., consumers), you specifically agree to provide consumer disclosures required by law, and to not engage in unfair, deceptive, or abusive acts or practices.

You’re financially liable for disputes refunds, reversals, or fines that arise from your use of Ecommerce Services.

You must ensure that any information you provide about your business, brand, company, organization, partnerships or affiliates particularly as these relate to the value of products made available via our marketplace is accurate, complete, and current.

You agree to promptly notify us via email ([email protected]) if you receive any inquiry or action from a government or regulatory agency (such as the Federal Trade Commission or a state Attorney General) relating to your transactions.

Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:

• Ecommerce Services cannot be used in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).

• We may terminate your access to our Services if we determine (in our sole discretion) that your use violates the Agreement, or if a regulatory authority requires it.

• You must accurately communicate transaction details; set expectations appropriately; and fulfill all promises, representations, or warranties you’ve made. For example, if you’d like to offer subscribers a new post each week for contributing to your site via Payments, but aren’t sure if you’ll be able to post that frequently, you should be clear that weekly posts are a goal and not a guarantee.

9. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please see our [Digital Millennium Copyright Act (“DMCA”) Policy] and send us a notice.

10. Intellectual Property

The Agreement doesn’t transfer any Realityjam or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Realityjam and you) solely with Realityjam. Realityjam and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Realityjam (or Realityjam’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Realityjam or third-party trademarks.

11. Third-Party Services

While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications provided or manufactured by a third party or yourself (“Third-Party Services”) such as ReadyPlayerMe.

If you use any Third-Party Services, you understand that:

• Third-Party Services aren’t vetted, endorsed, or controlled by Automattic.

• Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.

• If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

• Some Third-Party Services may request or require access to your data — or to your visitors’ or customers’ data — through things like pixels or cookies. If you use the Third-Party Service or grant them access, the data will be handled in accordance with the Third Party’s privacy policy and practices, which you should carefully review before you use any Third-Party Services. Third-Party Services may not work appropriately with our Services and we may not be able to provide support for issues caused by any Third-Party Services.

In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or website. If you purchase Google Workspace or G Suite, there are a few other things we want to highlight: these services are provided by Google, and your use of them is subject to Google’s Terms of Use for the services, which you’ll accept before using Google Workspace or G Suite for the first time. We’re an authorized reseller of Google Workspace and G Suite, but make no warranties about Google’s services, and disclaim Google’s liability for any damages arising from our distribution and resale of their services. Google will provide technical support for its services, per its Technical Support Services Guidelines.

12. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Realityjam, or if Realityjam posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

13. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Realityjam policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid. You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14. Disclaimers

Our Services are provided “as is.” Realityjam and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Realityjam, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of London, united Kingdom, excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the courts located in London, United Kingdom.

16. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the UK Arbitration Act 1996 and shall be subject to the rules of JAMS London Resolution Center (“JAMS”) and overseen by three arbitrators appointed in accordance with such rules. The arbitration shall take place in London, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

17. Limitation of Liability

In no event will Realityjam, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Realityjam under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Realityjam shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

18. Indemnification

You agree to indemnify and hold harmless Realityjam, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

19. US Economic Sanctions

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.

20. Data Processing Agreement

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please follow these instructions.

21. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

22. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Realityjam and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Realityjam may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent. These Terms of Service are an adaptation of the open source terms of service created by Automattic and can be found on their github.

23. Service Level Commitment

This Service Level Commitment (SLA) defines the service levels that The terms in this SLA apply to the SaaS provided by Provider.

23.1. Definitions

• "Service" (or "Services") refers to the Software-as-a-Service (SaaS) offering provided by the Provider as described in the Product Partner License Agreement.

• "Availability" refers to the total number of minutes in a month that the Service was accessible and operational.

• “Downtime” refers to any period when the Service is not available for use due to issues within the Provider's control. The Provider shall use automated monitoring tools to track uptime and report any incidents to the Client within 24 hours.

• "Scheduled Downtime" involves previously communicated periods where the Service will be unavailable for maintenance or upgrades.

• “Unplanned Maintenance” refers to urgent, unexpected maintenance activities required to address critical issues that could significantly impact the Service's functionality or performance. These activities are not pre-scheduled and are not part of the Scheduled Downtime.

• "Service Credit" is the compensation provided to the Client for Downtime that exceeds the Service Commitment.

• "Support Window" refers to the time frame during which support services are available to the Client.

• "Incident" means any set of circumstances resulting in a failure to meet a Service Level.

23.2. Service Commitment

• Availability Commitment: The Provider guarantees an uptime of 99.9% ("Service Commitment") of total possible uptime minutes, including no more than 8 hours of Scheduled Downtime per month.

• Scheduled Downtime shall not exceed 8 hours per month and must occur between 11:00 PM and 5:00 AM Pacific Time. Written notification must be provided at least 24 hours in advance.

• Measurement: Uptime will be calculated on a monthly basis as follows:

• Incident Reporting: Incidents will be reported on the Convai Atlassian status page, which clients can subscribe to for updates via Slack or email. Outages will be manually updated by Convai staff.

23.3. Service Credits

• Credit Request: In cases where Uptime falls below the committed 99.9%, the Client is entitled to a credit as follows:

  - 99.0% to 99.8% - 5% of monthly interaction credit

  - 98.0% to 98.9% - 10% of monthly interaction credit

  - Below 98.0% - 15% of monthly interaction credit

• Credit Limit: The maximum number of Service Credits issued by the Provider to the Client shall not exceed 15% of the total monthly service fees for the affected Service. If service availability consistently falls below the agreed levels, the Client retains the right to terminate the agreement for breach.

23.4. Exclusions

The following are excluded from the availability calculation:

• Force majeure events (e.g., extreme weather, acts of God, terrorism, global cyberattacks, significant power grid failures, major telecommunications failures, governmental or regulatory actions causing network disruptions).

• Downtime caused by the Client's equipment or third-party services.

• Issues caused by the Client’s actions or inactions, including failure to follow procedures, unauthorized Service modifications, or neglecting to maintain required third-party services or equipment.

• Events involving third-party services that impact the availability or performance of the Provider’s Service.

• Planned maintenance (with consultation with the customer) should be considered part of Scheduled Downtime and collectively capped at 8 hours per month as previously defined.

• Unplanned maintenance will be handled within a maximum of 4 hours and will be communicated to the client as soon as possible.

• Excluding End-user-induced events regarding device or usability issues - e.g. user connectivity issues, device issues (microphone, laptop, or phone issues).

23.5. Support Terms

• Support Coverage: Support for the Services is available 24x7.

• Contact Methods: The Client may contact the Provider directly via email and mutual Slack channel.

• Response Times: The Provider guarantees response times based on the severity of the issue reported:

  - Severity 1 (Critical): 1 hour (Resolution within 8 hours)

  -- API is down i.e. unresponsive (404 not found). An outage of API would be defined as 10 subsequent request failures over a continuous period of 2 minutes.

  - Severity 2 (High): 4 hours (Resolution within 12 hours)

  -- API is down partially i.e. unresponsive or failed in some cases (404 not found)

  --- An outage of API in this case would be defined as 5 intermittent request failures over a continuous period of 2 minutes.

  -- Response latency is higher than 15 seconds

  - Severity 3 (Medium): 12 hours (Resolution within 24 hours)

  -- Response latency is higher than 8 secs

• Resolution Time: Resolution time will be provided after triage and will be within the target time, typically less than 8 hours.

23. 6. Performance Benchmarks

• Service Performance: The Service shall perform in accordance with the specifications set forth in the Product Documentation provided to the Client upon commencement of the Services.

• Remedies for Non-Compliance: If the Service does not meet the specified performance criteria, the Client is entitled to remedies including repair, re-performance of the Service, or Service Credits. The choice of remedy will be mutually agreed upon by both parties.

23.7. General Terms

• Modification of Terms: The terms of this SLA cannot be updated or modified by the Provider without prior written consent from the Client.

• Governing Law: This SLA and the interpretation of its terms shall be governed by and construed in accordance with the laws of California, USA, and subject to the exclusive jurisdiction of the federal and state courts located in California.