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Terms and Conditions
Last Updated: 10/01/2024
1. Scope of Application
These Terms and Conditions ("Agreement") are entered into by PilloVR Inc. ("PilloVR," "we," "our," or "us") and you, the entity accepting them ("Customer," "you," or "your"). This Agreement, along with any applicable Order Forms, governs your use of the Services provided by PilloVR.
"Services" refers to PilloVR's products and services as described in the applicable Order Form and includes access to any online platforms or dashboards we provide.
In case of any conflict between documents, the Order Form takes precedence over these Terms and Conditions.
By accepting these Terms and Conditions—either through an Order Form or by agreeing via our website—you enter into a binding contract with PilloVR.
PilloVR reserves the right to amend or update this Agreement at any time ("T&C Update"). We will notify you of any significant changes at least thirty (30) days before they take effect. If you do not agree with the changes, you may object in writing within the notice period. If you object, PilloVR may terminate the Agreement and the applicable Order Form as of the effective date of the T&C Update.
2. Services
PilloVR provides virtual reality solutions designed to enhance pediatric patient care by reducing anxiety during medical procedures.
We will deliver the Services as described in the applicable Order Form and in accordance with this Agreement. Services and support are provided in English.
To ensure proper functioning, PilloVR may:
3. Order Form
The commercial details of our agreement—including selected Services, fees, and terms—are specified in a separate document called the Order Form. Upon request, PilloVR will provide you with a draft of the Order Form for your review.
The Order Form will be executed in writing. Unless otherwise specified, the offer is valid for fourteen (14) days from the date it is sent to you. You may sign the Order Form electronically or by returning a signed PDF copy to us. The Order Form becomes legally binding upon PilloVR's receipt of your signed version.
In case of any conflict between the Order Form and these Terms and Conditions, the Order Form will take precedence.
4. Free Trials
PilloVR may offer certain Services free of charge for a limited period ("Free Trial"). The Free Trial will automatically end once the specified period expires.
Either party may terminate the Free Trial at any time.
During the Free Trial, PilloVR provides the Services "as is," without any warranties or liability, except in cases of intentional misconduct.
5. Accounts
To access certain Services, you may need to create an account with PilloVR. You agree to:
6. Provision of VR Equipment
6.1 Equipment Provision
As part of our Services, PilloVR may provide you with a virtual reality headset ("Equipment") for use during the trial period or subscription term ("Service Period").
6.2 Ownership
The VR headset and any accompanying equipment remain the property of PilloVR at all times. You are granted a temporary license to use the Equipment solely for the intended purpose during the Service Period.
7. Use of Services and Equipment
7.1 User Responsibilities
You agree to:
You agree not to:
8. Equipment Maintenance and Replacement
8.1 Repair or Replacement
If the Equipment becomes damaged during normal use within the Service Period, PilloVR will, at its discretion, repair or exchange the Equipment at no additional cost to you.
8.2 Exclusions
This provision does not cover damage resulting from:
You must report any damage to the Equipment to PilloVR within seven (7) days of occurrence to be eligible for repair or replacement.
9. Return of Equipment
9.1 End of Service Period
At the end of the trial period or upon termination of the Service, you are required to return the VR headset and any accompanying equipment to PilloVR in good working condition, except for normal wear and tear.
9.2 Return Procedure
If you fail to return the Equipment within the specified time frame:
10. Fees and Payment
10.1 Fees
Fees for the selected Services are specified in the applicable Order Form. Unless explicitly stated otherwise, all fees are quoted exclusive of any applicable taxes, which are your responsibility.
10.2 Payment Terms
In the event of late payment:
PilloVR reserves the right to increase fees for any Renewal Term. Any fee increase will be communicated to you at least sixty (60) days prior to the start of the Renewal Term.
10.6 Refunds
If:
11. Term, Termination, and Suspension
11.1 Term
The term of this Agreement corresponds with the term indicated in the applicable Order Form ("Term"). If the Order Form does not specify a term length, this Agreement shall be effective for twelve (12) consecutive months ("Initial Term"). Upon expiration of the Initial Term, this Agreement will automatically renew for successive twelve (12) month periods ("Renewal Term") unless either Party provides written notice of its intent not to renew at least thirty (30) days prior to the end of the current Term.
11.2 Termination
Either Party may terminate this Agreement immediately upon written notice if:
11.3 Suspension of Services
PilloVR may suspend the Services if:
11.4 Effect of Termination
Upon termination or expiration of this Agreement:
12. Intellectual Property Rights
All content, features, and functionality included in the Services—such as text, graphics, logos, images, videos and software—are the exclusive property of PilloVR or its licensors and are protected by intellectual property laws.
12.1 Customer Data
You retain ownership of any data you generate by using the Services ("Customer Data"). PilloVR may use your Customer Data solely to provide and improve the Services.
12.2 Feedback
If you provide suggestions or feedback about the Services, PilloVR may use this information without obligation to you.
12.3 Marketing
With your permission, PilloVR may refer to you as a customer and use your logo in marketing materials, unless you request otherwise in writing.
13. Privacy and Data Protection
13.1 No Collection of Personal Data
PilloVR does not collect or store any personal data from customers or end-users through the use of our Services or Equipment.
13.2 Anonymity and Data Usage
Any data generated through the use of our Services is anonymized and cannot be used to identify individual users. This data is used solely for the purpose of improving our Services.
13.3 Compliance with Data Protection Laws
While we do not collect personal data, PilloVR is committed to complying with all applicable data protection and privacy laws and regulations.
14. Compliance with App Store Guidelines
You are obligated to comply with all applicable app store guidelines, including but not limited to the Apple App Store and Google Play Store guidelines.
16. Limitation of Liability
To the maximum extent permitted by applicable law, PilloVR and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to personal injury, harm, or death to patients, children, or end-users resulting from:
Use of the Services and Equipment is at your own risk. It is your responsibility to ensure that the Services and Equipment are suitable and safe for your intended use, especially in pediatric healthcare settings.
16.2 Professional Responsibility
You are responsible for obtaining any necessary consents from patients or guardians and for supervising the use of the Equipment with patients, particularly minors.
16.3 No Medical Advice
PilloVR does not provide medical advice. The Services and Equipment are tools to be used at your discretion, and you should exercise professional judgment in their application.
17. Disclaimer of WarrantiesDisclaimer of Warranties
PilloVR provides the Services and Equipment "as is" and "as available" without any warranties of any kind, either express or implied. PilloVR disclaims all warranties, express or implied, including but not limited to:
18. Indemnification
You agree to indemnify, defend, and hold harmless PilloVR and its affiliates, officers, directors, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to:
19. Force Majeure
PilloVR shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor shortages, or governmental actions.
20. Governing Law and Dispute Resolution
20.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
20.2 Dispute Resolution
Any disputes arising out of or relating to these Terms shall be resolved through confidential binding arbitration in the State of Delaware, unless prohibited by law.
21. Changes to Terms
We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
22. Contact Information
If you have any questions about these Terms, please contact us at:
1. Scope of Application
These Terms and Conditions ("Agreement") are entered into by PilloVR Inc. ("PilloVR," "we," "our," or "us") and you, the entity accepting them ("Customer," "you," or "your"). This Agreement, along with any applicable Order Forms, governs your use of the Services provided by PilloVR.
"Services" refers to PilloVR's products and services as described in the applicable Order Form and includes access to any online platforms or dashboards we provide.
In case of any conflict between documents, the Order Form takes precedence over these Terms and Conditions.
By accepting these Terms and Conditions—either through an Order Form or by agreeing via our website—you enter into a binding contract with PilloVR.
PilloVR reserves the right to amend or update this Agreement at any time ("T&C Update"). We will notify you of any significant changes at least thirty (30) days before they take effect. If you do not agree with the changes, you may object in writing within the notice period. If you object, PilloVR may terminate the Agreement and the applicable Order Form as of the effective date of the T&C Update.
2. Services
PilloVR provides virtual reality solutions designed to enhance pediatric patient care by reducing anxiety during medical procedures.
We will deliver the Services as described in the applicable Order Form and in accordance with this Agreement. Services and support are provided in English.
To ensure proper functioning, PilloVR may:
- Modify Services: Make reasonable technical changes or improvements to the Services that do not reduce functionality, performance, availability, or security.
- Maintenance: Suspend the Services temporarily for maintenance or repairs, informing you in advance whenever possible.
3. Order Form
The commercial details of our agreement—including selected Services, fees, and terms—are specified in a separate document called the Order Form. Upon request, PilloVR will provide you with a draft of the Order Form for your review.
The Order Form will be executed in writing. Unless otherwise specified, the offer is valid for fourteen (14) days from the date it is sent to you. You may sign the Order Form electronically or by returning a signed PDF copy to us. The Order Form becomes legally binding upon PilloVR's receipt of your signed version.
In case of any conflict between the Order Form and these Terms and Conditions, the Order Form will take precedence.
4. Free Trials
PilloVR may offer certain Services free of charge for a limited period ("Free Trial"). The Free Trial will automatically end once the specified period expires.
Either party may terminate the Free Trial at any time.
During the Free Trial, PilloVR provides the Services "as is," without any warranties or liability, except in cases of intentional misconduct.
5. Accounts
To access certain Services, you may need to create an account with PilloVR. You agree to:
- Provide Accurate Information: Ensure that all registration information you submit is truthful and accurate.
- Maintain and Update: Promptly update your information if it changes.
6. Provision of VR Equipment
6.1 Equipment Provision
As part of our Services, PilloVR may provide you with a virtual reality headset ("Equipment") for use during the trial period or subscription term ("Service Period").
6.2 Ownership
The VR headset and any accompanying equipment remain the property of PilloVR at all times. You are granted a temporary license to use the Equipment solely for the intended purpose during the Service Period.
7. Use of Services and Equipment
7.1 User Responsibilities
You agree to:
- Follow Instructions: Use the Equipment and Services in accordance with the provided instructions and guidelines.
- Care for Equipment: Take reasonable care of the Equipment to prevent damage, loss, or theft.
- Notify Us: Inform PilloVR immediately if the Equipment is damaged, lost, or stolen.
- Obtain Consents: Secure any necessary consents from patients or guardians before using the Equipment with minors.
You agree not to:
- Tamper with Equipment: Modify, disassemble, or tamper with the Equipment.
- Unlawful Use: Use the Equipment or Services for any unlawful or unauthorized purposes.
- Security Breach: Breach or attempt to breach the security of the Services.
- Unauthorized Access: Access data not intended for you.
- Disrupt Services: Interfere with or disrupt the operation of the Services.
- Circumvent Measures: Circumvent any security measures of the Services.
- Develop Competing Product: Use the Services to develop a competing product.
8. Equipment Maintenance and Replacement
8.1 Repair or Replacement
If the Equipment becomes damaged during normal use within the Service Period, PilloVR will, at its discretion, repair or exchange the Equipment at no additional cost to you.
8.2 Exclusions
This provision does not cover damage resulting from:
- Misuse or Neglect: Misuse, abuse, or neglect of the Equipment.
- Unauthorized Changes: Unauthorized modifications or repairs.
- Loss or Theft: Loss or theft of the Equipment.
You must report any damage to the Equipment to PilloVR within seven (7) days of occurrence to be eligible for repair or replacement.
9. Return of Equipment
9.1 End of Service Period
At the end of the trial period or upon termination of the Service, you are required to return the VR headset and any accompanying equipment to PilloVR in good working condition, except for normal wear and tear.
9.2 Return Procedure
- Shipping: Ship the Equipment back to PilloVR using the provided shipping labels or as instructed by our customer service team.
- Time Frame: Return the Equipment within fourteen (14) days after the end of the Service Period.
- Condition: Any missing or excessively damaged Equipment may result in additional charges as specified in Section 10.3.
If you fail to return the Equipment within the specified time frame:
- Charges: PilloVR reserves the right to charge you the full replacement cost of the Equipment.
- Legal Action: We may take legal action to recover the Equipment or the cost thereof.
10. Fees and Payment
10.1 Fees
Fees for the selected Services are specified in the applicable Order Form. Unless explicitly stated otherwise, all fees are quoted exclusive of any applicable taxes, which are your responsibility.
10.2 Payment Terms
- Prepayment: Unless otherwise agreed, you shall pay the fees for the entire Term in advance.
- Invoices: Invoices will be sent electronically and are due within thirty (30) days of receipt.
- Additional Charges: If you exceed the usage limits specified in the Order Form, additional fees may apply and will be invoiced separately.
- Damage Fees: You may be charged for repair or replacement costs if the Equipment is returned damaged beyond normal wear and tear.
- Late Fees: Late return of Equipment may result in additional fees.
In the event of late payment:
- Service Suspension: PilloVR may suspend your access to the Services until payment is received.
- Continuation of Term: Suspension does not relieve you of your obligations under this Agreement, and the Term will continue as agreed.
PilloVR reserves the right to increase fees for any Renewal Term. Any fee increase will be communicated to you at least sixty (60) days prior to the start of the Renewal Term.
10.6 Refunds
If:
- You Terminate for Breach: You terminate this Agreement due to a material breach by PilloVR, or
- PilloVR Terminates: PilloVR terminates this Agreement under Section 11.2,
11. Term, Termination, and Suspension
11.1 Term
The term of this Agreement corresponds with the term indicated in the applicable Order Form ("Term"). If the Order Form does not specify a term length, this Agreement shall be effective for twelve (12) consecutive months ("Initial Term"). Upon expiration of the Initial Term, this Agreement will automatically renew for successive twelve (12) month periods ("Renewal Term") unless either Party provides written notice of its intent not to renew at least thirty (30) days prior to the end of the current Term.
11.2 Termination
Either Party may terminate this Agreement immediately upon written notice if:
- Insolvency: The other Party becomes insolvent, files for bankruptcy, or is subject to any proceeding related to liquidation or insolvency.
- Material Breach: The other Party materially breaches this Agreement and fails to remedy the breach within thirty (30) days after receiving written notice.
11.3 Suspension of Services
PilloVR may suspend the Services if:
- Non-Compliance: You materially fail to comply with this Agreement.
- Emergency: An emergency security issue arises.
11.4 Effect of Termination
Upon termination or expiration of this Agreement:
- Access Termination: Your access to the Services and any PilloVR accounts will be terminated.
- Return of Equipment: You must return any Equipment provided by PilloVR in accordance with Section 9.
- Data Deletion: PilloVR will delete any Customer Data within sixty (60) days, unless required by law to retain it.
- Outstanding Fees: Any unpaid fees become immediately due and payable.
12. Intellectual Property Rights
All content, features, and functionality included in the Services—such as text, graphics, logos, images, videos and software—are the exclusive property of PilloVR or its licensors and are protected by intellectual property laws.
12.1 Customer Data
You retain ownership of any data you generate by using the Services ("Customer Data"). PilloVR may use your Customer Data solely to provide and improve the Services.
12.2 Feedback
If you provide suggestions or feedback about the Services, PilloVR may use this information without obligation to you.
12.3 Marketing
With your permission, PilloVR may refer to you as a customer and use your logo in marketing materials, unless you request otherwise in writing.
13. Privacy and Data Protection
13.1 No Collection of Personal Data
PilloVR does not collect or store any personal data from customers or end-users through the use of our Services or Equipment.
13.2 Anonymity and Data Usage
Any data generated through the use of our Services is anonymized and cannot be used to identify individual users. This data is used solely for the purpose of improving our Services.
13.3 Compliance with Data Protection Laws
While we do not collect personal data, PilloVR is committed to complying with all applicable data protection and privacy laws and regulations.
14. Compliance with App Store Guidelines
You are obligated to comply with all applicable app store guidelines, including but not limited to the Apple App Store and Google Play Store guidelines.
16. Limitation of Liability
To the maximum extent permitted by applicable law, PilloVR and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to personal injury, harm, or death to patients, children, or end-users resulting from:
- Use of Services and Equipment: Your use of or inability to use the Services or Equipment provided by PilloVR.
- Device Malfunction: Any malfunction, defect, or failure of the VR headset or any accompanying equipment.
- User ActioUser Actionsns: Any actions or omissions by you, your staff, patients, or any third parties while using the Services or Equipment.
- Compliance and Safety Practices: Your failure to follow appropriate medical guidelines, safety practices, or instructions provided with the Equipment.
- Other Matters: Any other matter relating to the Services or Equipment.
Use of the Services and Equipment is at your own risk. It is your responsibility to ensure that the Services and Equipment are suitable and safe for your intended use, especially in pediatric healthcare settings.
16.2 Professional Responsibility
You are responsible for obtaining any necessary consents from patients or guardians and for supervising the use of the Equipment with patients, particularly minors.
16.3 No Medical Advice
PilloVR does not provide medical advice. The Services and Equipment are tools to be used at your discretion, and you should exercise professional judgment in their application.
17. Disclaimer of WarrantiesDisclaimer of Warranties
PilloVR provides the Services and Equipment "as is" and "as available" without any warranties of any kind, either express or implied. PilloVR disclaims all warranties, express or implied, including but not limited to:
- Merchantability: Fitness for ordinary use.
- Fitness for a Particular Purpose: Suitability for your specific needs.
- Non-Infringement: That the Services or Equipment do not violate any intellectual property rights.
- The Services or Equipment will meet your specific requirements.
- The Services will be uninterrupted, timely, secure, or error-free.
- The results obtained from the use of the Services will be accurate or reliable.
- Any errors in the Services or Equipment will be corrected.
18. Indemnification
You agree to indemnify, defend, and hold harmless PilloVR and its affiliates, officers, directors, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable attorneys' fees) arising out of or related to:
- Your Use: Your use of the Services or Equipment.
- Injury or Harm: Any injury or harm to patients, children, end-users, or third parties resulting from your use of the Services or Equipment.
- Violation of Terms: Your violation of these Terms.
- Third-Party Rights: Your violation of any rights of a third party, including but not limited to privacy or intellectual property rights.
- Legal Compliance: Your failure to obtain appropriate consents or to comply with applicable laws and regulations.
19. Force Majeure
PilloVR shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor shortages, or governmental actions.
20. Governing Law and Dispute Resolution
20.1 Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
20.2 Dispute Resolution
Any disputes arising out of or relating to these Terms shall be resolved through confidential binding arbitration in the State of Delaware, unless prohibited by law.
21. Changes to Terms
We reserve the right to modify or replace these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
22. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: info@pillovr.com
- Phone: (302) 219-3374
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