Hello! We’re very happy that you’re interested in exercising in VR with RealFit! Before you go, please read the following legal rules.

We’re sorry that it’s difficult to make these rules as readable as our Privacy Policy but please don’t worry. We have added “More simply put” notes throughout which we hope will help clarify the different parts without legal jargon. These “More simply put” explanations are not legally binding.

We always welcome questions and feedback about these terms at [email protected].

Terms of Service

RealFit VR Ltd, a British company (“RealFit VR Ltd”, “we,” “us” or “our”), is proud to support RealFit (“RealFit” or “Application”), an application designed to help you exercise in virtual reality (“VR”). These Terms of Service (“Terms”) apply to your access and use of the RealFit Service. The “RealFit Service” includes our applications, software, websites, APIs, accounts and services.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE OUR SERVICES.

More simply put: Hi! We’re RealFit VR Ltd; these are our terms of service for using RealFit; please read them.

Eligibility

YOU CERTIFY THAT YOU ARE OF THE LEGAL AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU RESIDE OR, IF YOU ARE BETWEEN THE AGES OF 13 AND THE LEGAL AGE OF MAJORITY, THAT YOU ARE USING THE SERVICES WITH THE SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE. MAKE SURE THAT YOU REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN SO THAT YOU BOTH UNDERSTAND ALL OF YOUR RIGHTS AND OBLIGATIONS.

More simply put: You must be older than 13 to create a RealFit account. If you’re between 13 and 18 then your parent or guardian needs to read, and agree to, these terms with you.

Privacy

For information about our data practices, please see our Privacy Policy at https://realfit.co/privacy-policy, as well as our Cookie Policy at https://realfit.co/cookie-policy. By accessing or using the RealFit Service, you agree that we can process your information in accordance with the Privacy Policy.

More simply put: Please also check you agree with our Privacy Policy at https://realfit.co/privacy-policy.

Store Terms

We offer RealFit through third party digital stores such as, without limitation, Steam, (a “Store”). Where you purchase the Application through a Store you may need a Store account in order to use the Application, and your use of the Store and of the Application through the Store is subject to the terms of use and policies of the relevant Store (as may change from time to time).

The ways in which you can use the Application may also be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between these Terms and the relevant Store’s terms from which you purchased (where applicable) or installed the Application, the Store’s terms shall prevail to the extent of the conflict.

More simply put: If any rule from Steam (or whichever store you brought RealFit from) clash with our rules, then follow their rule.

Accounts

Full use of the RealFit Service requires that you create an account by providing us with information such as a valid email address. (Although it is also possible to use RealFit in ‘Guest Mode’ without creating an account it won’t be able to help you track any progress over time).

Don’t choose a rude or offensive username or any username infringing rights of others, especially personal rights. If you do this, we reserve the right to take the appropriate measures, e.g., change your username, block your access to the online feature of RealFit, or suspend or block your access to RealFit.

You are responsible for all activity that occurs in association with your account. RealFit is not liable for any losses or damages caused by your failure to maintain sole control of your account credentials. Please contact us at [email protected] if you discover or suspect any security breach related to the RealFit Service or your account.

More simply put: Your account is yours, please look after it and don’t pick a rude username or one that makes you look like someone else. If you discover a security breach please email us at [email protected].

Necessary Equipment

Full use of the RealFit Service is dependent upon your use of a computer with adequate software or a supported device and Internet access. The maintenance and security of this equipment may influence the performance of the RealFit Service and it is your responsibility to ensure the equipment’s functionality.

More simply put: You need a supported VR headset and/or PC, and it’s your responsibility to maintain these with up to date drivers to get the best RealFit experience.

Use RealFit at Your Own Risk

Our goal is to provide helpful information on the RealFit Service, but we make no endorsement, representation, or warranty of any kind about any RealFit content, information, or services. The accuracy of the data collected and presented through the RealFit Service is not intended to match that of medical devices or scientific measurement devices. If you rely on any content or use of the RealFit Service, you do so solely at your own risk.

We are not responsible for the accuracy, reliability, availability, effectiveness or correct use of information you receive through the RealFit Service. The content of the RealFit Service may change from time to time and it is possible that data relating to your workouts may be unavailable, inaccurate or incomplete.

Use of the RealFit Service should not replace your good judgement and common sense. Please read and comply with all safety notices that accompany your use of the RealFit Service.

The RealFit Service is not intended to diagnose, treat, cure, or prevent any disease. If you have a medical or heart condition, consult your doctor before using the RealFit Service or engaging in any exercise program, or changing your diet. If you experience a medical emergency, stop using the RealFit Service and consult with a medical professional.

We are not responsible for any health problems that may result from your use of the RealFit Service. If you engage in any exercise program you receive or learn about through the RealFit Service, you agree that you do so at your own risk and are voluntarily participating in these activities.

More simply put: We will try and present you the best guidance we can, but we might make mistakes or suggest something that could unintentionally lead to an injury. Trust your own judgement and listen to what your body is telling you. If something feels wrong, stop and see a doctor, physio’ or other health care / fitness professional as appropriate. RealFit isn’t a substitute for professional medical advice.

Our Rights

The RealFit Application and Service and its original content, features, and functionality are owned by RealFit VR Ltd and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our logos and any other RealFit trademarks that may appear on the RealFit Service, and the overall look and feel of the RealFit Service, including page headers, graphics, icons, and scripts, may not be copied, imitated or used, in whole or in part, without our prior written permission.

More simply put: We own RealFit which we built for you to use. Please don’t trash our stuff, we want to be friends!

Licence

The RealFit Service is intended for your personal, non-commercial use

RealFit grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to (1) access and use the RealFit Service, (2) access and view the RealFit Content, (3) access and use the software and applications provided by the RealFit Service. This licence is provided solely for your personal, non-commercial use and enjoyment of the RealFit Service as permitted in these Terms.

You will not use, sublicense, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, rent, lease, assign, transfer, or otherwise exploit the RealFit Service or any portion thereof, except as expressly permitted in these Terms. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RealFit, except for the licences and rights expressly granted in these Terms.

Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the RealFit Service: (1) use, display, mirror, or frame the RealFit Service or any individual element within the RealFit Service, without our express written consent; (2) use RealFit’s name, trademark or logo without RealFit VR Ltd’s express written consent; (3) access or tamper with non-public areas of the RealFit Service; (4) test the vulnerability of any RealFit system or breach any security or authentication measures; (5) circumvent any technological measure implemented by RealFit or any other third party (including another user) to protect the RealFit Service; or (6) modify, decompile, disassemble, reverse engineer, tamper with, or otherwise attempt to derive the source code of the RealFit Service.

More simply put: RealFit is for personal use, so please don’t install it within a Gym or VR Arcade or other commercial environment without talking to us first. Also, please don’t try and break our services or interact with them using anything but the RealFit application provided by us.

Access to the RealFit Service

We reserve the right (but are not required) to remove or disable access to the RealFit Application and/or Service at any time and without notice, and at our sole discretion, if we determine that your use of the RealFit Application or Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the RealFit Service, and in response may take any action we may deem appropriate.

More simply put: We reserve the right to block access to RealFit, (for example if you break these rules) but we will strive to be fair, and hope we never need to.

Changes to Application or Service

Because the Application and Services are evolving over time, we may change or discontinue all or any part of the Application and/or Services, at any time and without notice, at our sole discretion.

More simply put: RealFit is available for ‘Early Access’ and is expected to change significantly over time. Please don’t be surprised if some features get removed, and hopefully replaced by better features.

Changes to Terms

RealFit VR Ltd reserves the right to change these Terms from time to time, particularly when new features and services are added to RealFit. We will notify you of updates via the RealFit Application, and we will also post changes online to the ‘Terms of Service’ page on our website at https://realfit.co/terms-of-service.

Any changes to the Terms shall come into effect (become legally binding) 30 days after we post the amended agreement online, unless a longer period is stipulated in the amendment.

Please make sure you review any modified Terms because if you continue to use the Application and/or Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you must not use the Application or Services anymore.

More simply put: We’ll sometimes let you know about updates to these rules from within RealFit, or you can check https://realfit.co/terms-of-service. If the rules change then you have 30 days to check that you still agree that they are fair. If you disagree with our rules you will have to stop using RealFit.

Disclaimers

THE REALFIT SERVICE AND REALFIT CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE REALFIT SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the RealFit Service or RealFit Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the RealFit Service or any RealFit Content.

More simply put: Software and technology is complicated and mistakes are unavoidable, so we’re covering our back by making it clear that you shouldn’t fully trust that RealFit will operate in any specific way. This is generally true of all software.

Limitation of Liability

NEITHER REALFIT VR LTD, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE REALFIT SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REALFIT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REALFIT VR LTD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL REALFIT VR LTD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE REALFIT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO REALFIT VR LTD FOR USE OF THE REALFIT SERVICE OR ONE HUNDRED POUNDS (£100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO REALFIT VR LTD, AS APPLICABLE.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REALFIT VR LTD AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

More simply put: Partly because software is complex and we can’t avoid all mistakes, but also because it’s impossible to predict the surprising things people might try, we are further covering our back by minimizing our liability (for example if someone injures themselves).

Indemnity

You will indemnify and hold harmless RealFit VR Ltd or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with (i) your access to or use of the RealFit Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

More simply put: Further covering our back we require that you won’t try and sue us for (i) something like an injury or breaking something while using RealFit, (ii) something related to content submitted by you, (iii) something resulting from breaking these rules, (iv) something connected with you breaking the law or violating someone else’s rights. If someone sues you in connection with any of the above then we reserve the right to take over your defense and ask for your cooperation in that case.

General Terms

If any part of these Terms is determined to be unlawful, void or for any reason unenforceable, then that part will be severed from these Terms, and the rest of the Terms will remain intact. If we do not enforce any provision of these Terms, that will not be considered a waiver of our rights. Any waiver of these Terms must be obtained in a written document signed by an authorised representative of RealFit VR Ltd.

More simply put: If we’ve made a mistake with the wording of these rules, the mistake should be removed and the rest of the rules can remain.

Governing Laws

These Terms are governed by and construed in accordance with the laws of England and Wales.

Any dispute you have which relates to these Terms, or your use of the RealFit Service (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.

As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, affects your rights as a consumer to rely on such mandatory provisions of local law.

More simply put: We live just a bit north of London, so if we have to resolve a legal dispute, we’d like to use our local legal system.

Contact Information

If you have any questions about these Terms of Service, please contact RealFit VR Ltd at [email protected].

Last Updated: August 5, 2020