End-User License Agreement ("Agreement")
Last updated: March 25, 2024
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading, or using Pedal Rebel VR.
Interpretation and Definitions
Interpretation: The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions:
Agreement: This End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
Application: The software program provided by the Company downloaded by You to a Device, named Pedal Rebel VR.
Company: Kovarch PTY LTD, 52 QUEEN STREET, NORWOOD SA 5067.
Device: Any device that can access the Application such as a computer, a cellphone, or a digital tablet.
You: The individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
By clicking the "I Agree" button, downloading, or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download, or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License:
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement, including the use of virtual reality (VR) headsets and exercise bikes as necessary equipment for gameplay.
Assumption of Risk:
You acknowledge and agree that the use of virtual reality (VR) headsets and exercise bikes carries inherent risks, including but not limited to physical injury, motion sickness, and discomfort. You agree to use these devices responsibly and in accordance with the manufacturer's guidelines and safety precautions.
Fitness Disclaimer:
The Application is designed to incorporate physical activity through the use of exercise bikes. While the Application aims to promote physical fitness, it is not a substitute for professional medical advice or treatment. You should consult with a healthcare professional before beginning any exercise program, especially if you have any pre-existing health conditions or concerns.
Limited Warranty:
The Company makes no warranties, express or implied, regarding the compatibility of the Application with virtual reality (VR) headsets and exercise bikes. While efforts have been made to ensure compatibility, the Company does not guarantee that the Application will function flawlessly with all VR headsets and exercise bikes. The Company shall not be liable for any damages or losses arising from the use of incompatible or malfunctioning equipment.
Indemnification:
You agree to indemnify and hold the Company harmless from any claims, damages, or losses arising from your use of virtual reality (VR) headsets and exercise bikes in conjunction with the Application, including but not limited to claims related to equipment malfunction, physical injury, or property damage.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your use of the Application; violation of this Agreement or any law or regulation; or violation of any right of a third party.
No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind.
Limitation of Liability
The entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited.
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Product Claims
The Company does not make any warranties concerning the Application.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us:
By email: toasterfacegames@gmail.com