Last Updated: 15 April 2025
Welcome to Birds Eye ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of our virtual reality experiences, website, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
We provide virtual reality experiences and related services to our clients on a subscription basis. Our Services include but are not limited to:
To access our Services, you must create and maintain an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
Our Services are provided on an annual subscription basis. The specific terms of your subscription, including fees and services included, will be as set forth in the agreement between you and [Your Company Name].
Payment for our Services shall be made in accordance with the invoice issued by us. We reserve the right to change our fees upon renewal of your subscription with prior notice.
All fees are exclusive of taxes, which will be charged as applicable.
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
If you allow third parties, including your employees or students, to access our Services ("End Users"), you are responsible for:
You agree to comply with all applicable laws and regulations in connection with your use of the Services, including but not limited to data protection laws, privacy laws, consumer protection laws, and laws relating to the protection of minors.
You agree to comply with all applicable export control laws and regulations in your use and distribution of the Services, and you will not use the Services in any country or jurisdiction where such use would violate applicable export control laws.
All rights, title, and interest in and to the Services, including all intellectual property rights, are owned by or licensed to [Your Company Name]. Nothing in these Terms grants you any right, title, or interest in the Services except for the limited right to use the Services as set out in these Terms.
If you provide feedback, ideas, or suggestions regarding our Services ("Feedback"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable licence to use, reproduce, modify, publish, distribute, and otherwise exploit the Feedback for any purpose.
We collect and process information about how End Users interact with our VR experiences. This data collection is subject to our Privacy Policy, which is incorporated by reference into these Terms.
Each party may disclose to the other certain non-public information relating to its business, products, services, or technology ("Confidential Information"). Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was in the receiving party's possession before receipt from the disclosing party; (c) is rightfully received by the receiving party from a third party without a duty of confidentiality; or (d) is independently developed by the receiving party without reference to the disclosing party's Confidential Information.
Each party agrees to: (a) protect the confidentiality of the other party's Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose the other party's Confidential Information to any third party, except as permitted by these Terms; and (c) use the other party's Confidential Information only to exercise its rights and perform its obligations under these Terms.
These Terms will remain in effect until your subscription expires or is terminated.
Either party may terminate these Terms if the other party breaches any material term of these Terms and fails to cure such breach within 30 days after receipt of written notice.
Upon termination:
The Services are provided "as is" and "as available," without warranty of any kind. To the maximum extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Services will meet your requirements, be uninterrupted, secure, or error-free, or that defects will be corrected.
To the maximum extent permitted by applicable law, in no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with these Terms or the Services, whether based on contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.
Our total liability arising out of or in connection with these Terms or the Services will not exceed the amount you have paid us in the 12 months preceding the event giving rise to the liability.
You agree to indemnify, defend, and hold harmless [Your Company Name] and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your failure to obtain necessary consents from End Users or their parents or guardians.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the amended Terms on our website or by direct communication. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. Any dispute arising from or relating to these Terms or the Services shall be resolved exclusively in the courts of New Zealand.
These Terms, together with the Privacy Policy and any specific agreement between you and [Your Company Name], constitute the entire agreement between you and us regarding the Services.
You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.
We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.
Our Services may incorporate or rely upon third-party software, systems, or services. We do not guarantee the continued availability or functionality of any third-party components, and we are not liable for any failures, interruptions, or errors caused by these third-party components.
Our Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites.
Virtual reality and augmented reality technologies may pose certain health and safety risks to some users, including but not limited to motion sickness, disorientation, eye strain, seizures, and physical injuries from movements while using VR equipment.
You acknowledge these risks and agree that you are solely responsible for:
We are not liable for any injuries, discomfort, or adverse health effects that may result from the use of VR/AR technologies in connection with our Services. End Users should consult health professionals before using VR if they have pre-existing medical conditions that might be affected by VR use.