Terms and Conditions
Immersive Engineering's bVildR Terms and Conditions
1. Acceptance of Terms and Conditions
1.1 Please read these Terms and Conditions ("T&Cs") carefully. All contracts entered into by the Provider for the provision of services shall be governed by these T&Cs. Customers or Users must express acceptance of these T&Cs before any services are provided.
1.2 Immersive Engineering ("Provider") reserves the right to update and modify these T&Cs at any time without notice. The current version can be reviewed by clicking on the "Terms and Conditions" link at the bottom of our web pages. By using the System after a new version of the T&Cs has been posted, you agree to the terms of the new version.
2. Services Provided
2.1 Immersive Engineering provides a variety of capabilities through its bVildR visualisation and VR software system ("System" or "bVildR"). These capabilities include uploading, viewing, hearing, watching, summarising, using, quizzing, and interacting with user-uploaded content (collectively "Services"). The System and Services, including any updates, enhancements, and new features, are subject to these T&Cs.
2.2 The "User" is the person or entity accessing or using the Services. The "Customer" is the person or entity ordering or accepting the Services.
2.3 The System will automatically generate an account for the User on the Effective Date and provide login details for that account.
2.4 The Provider grants the Customer a worldwide, non-exclusive licence to use the Services via a Supported Web Browser for business purposes in accordance with these T&Cs during the Term.
2.5 The licence granted is subject to the following limitations:
- Each User account is for individual use only and may not be shared unless an Enterprise Level agreement is in place.
- Under an Enterprise Level agreement, the Services may be used by the Customer's officers, employees, agents, and subcontractors, as well as named users identified in the administrator accounts. The number of concurrent users must not exceed the number specified in the agreement.
2.6 The Customer may not:
- Sub-license its right to access and use the Services.
- Permit any unauthorised person to access or use the Services.
- Make any alterations to the System.
2.7 The Customer or User may not modify, copy, transmit, distribute, perform, display, reproduce, license, publish, create derivative works from, transfer, or sell any information, software, products, services, or information obtained from the Services.
3. Content
3.1 All content included in or made available through the Services is the exclusive property of Immersive Engineering or its content suppliers and is protected by applicable copyright, trademark, patent, and other intellectual property laws.
3.2 Users warrant that content uploaded to the System is free of defects and that they own the intellectual property rights or have permission to upload the content. Users are responsible for ensuring the accuracy, completeness, and integrity of information stored in and resulting from the System.
3.3 Content hosted on the System may be used for informational and non-commercial or personal use only, provided the copyright notice appears in all copies and no modifications are made. Use for any other purpose is prohibited.
3.4 The design or layout of Immersive Engineering websites and elements protected by trade dress, trademark, and other laws may not be copied or imitated.
3.5 Immersive Engineering does not claim ownership of materials uploaded by Users but is granted permission to use such information to improve business products and services.
3.6 By uploading information to the System, Users grant all other users with access permission to use and access the documents and information as permitted by these T&Cs.
3.7 Users acknowledge that the System is a document reader, and the original document should be relied upon in all respects.
4. Software
4.1 Any software made available through the Services is the work of Immersive Engineering and/or its suppliers and is copyrighted. Use of the Software is governed by the terms of the end user license agreement ("License Agreement").
4.2 The Software is available for use solely by end users according to the License Agreement. If no License Agreement is included, these T&Cs shall apply.
4.3 Reproduction or redistribution of the Software not in accordance with the License Agreement is prohibited by law and may result in severe civil and criminal penalties.
4.4 Copying any component of the System to another server or location for further reproduction or redistribution is prohibited unless expressly permitted by the license agreement.
5. Representations and Warranties
5.1 The Customer acknowledges that complex software is never wholly free from defects, errors, and bugs. The Provider gives no warranty that the Services will be wholly free from defects, errors, and bugs.
5.2 The Customer acknowledges that complex software is never entirely free from security vulnerabilities. The Provider gives no warranty that the Services will be entirely secure.
5.3 Software is warranted, if at all, only according to the terms of the license agreement. Any content uploaded by the user is expressly warranted by the user, and they are responsible for confirming that the System output meets their expectations.
5.4 Immersive Engineering and/or its suppliers disclaim all warranties and conditions regarding information contained within or enabled by the System, including all warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
5.5 Information within the System may include technical inaccuracies or typographical errors. Changes are periodically made to the System.
5.6 The Provider does not warrant that the Services or their use will not give rise to any legal liability on the part of the Customer, User, or any other person.
6. Limitation of Liability
6.1 Immersive Engineering and/or its suppliers are not liable for any special, indirect, or consequential loss or damages arising from the use of the System or Services.
6.2 Users are responsible for responding to third-party claims regarding their use of the Services in compliance with applicable laws.
6.3 Provider liability to the Customer or User shall not exceed the total amount paid by the Customer to the Provider in the 12-month period preceding the commencement of the event or events.
6.4 Nothing in these T&Cs will exclude liability for death or personal injury resulting from negligence, fraud, or fraudulent misrepresentation, or any other liabilities that cannot be excluded under applicable law.
7. Indemnities
7.1 The Provider shall indemnify the Customer against liabilities, damages, losses, costs, and expenses arising directly or indirectly as a result of any breach by the Provider of these T&Cs.
7.2 The Customer must notify the Provider of any actual or potential indemnity event and provide all reasonable assistance.
7.3 The Customer shall indemnify the Provider against liabilities, damages, losses, costs, and expenses arising directly or indirectly as a result of any breach by the Customer of these T&Cs.
7.4 The Provider must notify the Customer of any actual or potential indemnity event and provide all reasonable assistance.
8. Protection of Privacy
8.1 Each party shall comply with prevailing Data Protection Laws with respect to the processing of personal data.
8.2 The User warrants that it has the legal right to disclose all personal data to the Provider under the Agreement.
8.3 The Provider shall only process the User's personal data for managing accounts, monitoring, improving Services, and for research purposes.
8.4 The Provider shall process personal data only during the Term and for not more than 30 days following the end of the Term.
8.5 The Provider shall process User personal data on the documented instructions of the User.
8.6 The Provider may process User personal data if required by applicable law and shall inform the Customer unless prohibited by law.
8.7 The Provider shall ensure that persons authorized to process personal data are committed to confidentiality.
8.8 Both parties shall implement appropriate technical and organizational measures to ensure data security.
8.9 The Provider must not engage third parties to process personal data without prior written authorization from the Customer.
8.10 The Provider shall assist the Customer with data subject rights requests and ensure compliance with data protection obligations.
8.11 The Provider shall provide information necessary to demonstrate compliance with data protection laws.
8.12 The Provider shall delete or return all Customer personal data after the provision of services, unless required by law.
8.13 The Provider shall allow and contribute to audits by the Customer to demonstrate compliance with data protection laws.
9. Account Use and Security
9.1 To open an account, you must register with current, complete, and accurate information. You are responsible for maintaining the confidentiality of your account and password. Notify Immersive Engineering immediately of any unauthorized use of your account.
10. Illegal or Prohibited Activities
10.1 You may not use the System or Services for any illegal or prohibited purpose, including impairing the System or interfering with other users. Unauthorized access or use, and attempts to modify the System or Services, are prohibited.
11. System and Service Use
11.1 Use the System and Services only in a proper and legal manner. Do not infringe on intellectual property rights, delete copyright statements, violate others' legal rights, or upload inappropriate content.
11.2 Immersive Engineering reserves the right to monitor use of the System and Services, edit or delete user accounts and content for any breach of law or these T&Cs.
11.3 Immersive Engineering may share user information with partners and public authorities as required by law.
11.4 Immersive Engineering does not endorse user-generated content within the System or Services and accepts no liability for inappropriate use.
11.5 Materials uploaded may be subject to usage, file size, and number of page limitations. Users are responsible for adhering to these limitations.
11.6 Services are provided on a subscription basis. Non-payment will result in termination of the Services.
11.7 Immersive Engineering reserves the right to alter subscription costs with 30 days' notice to affected Users and Customers.
12. Further Restrictions on Use
12.1 The System and Services may not be used for reverse engineering, data extraction, or improving other AI services without express permission from Immersive Engineering.
13. Copyright Infringement Process
13.1 If you believe your copyright has been infringed, provide the following:
- Contact information (full name, address, phone number, email)
- Identification of the copyrighted work
- Identification of the infringing material and information to locate it
- Statements of good faith belief and accuracy of the notification
- Your physical signature
14. Interpretation and Disputes
14.1 This Agreement and any disputes or claims arising out of it shall be governed by the laws of Scotland.
End User Licence Agreement
Last updated April 22, 2024
bVildR is licensed to You (End-User) by Immersive Engineering Limited, located and registered at 5 South Charlotte Street, Edinburgh, Midlothian EH2 4AN, United Kingdom ('Licensor'), for use only under the terms of this Licence Agreement. Our VAT number is GB437655272.
By downloading the Licensed Application from , and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement. referred to in this Licence Agreement as 'Services'.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Immersive Engineering Limited, not the Services, is solely responsible for the Licensed Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest ('Usage Rules'). Immersive Engineering Limited acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement is not conflicting with them.
bVildR when purchased or downloaded through the Services, is licensed to You for use only under the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to You. bVildR is to be used on devices that operate with .
1. THE APPLICATION
bVildR ('Licensed Application') is a piece of software created to Provide an immersive design platform that you can use to prototype, review, gather feedback, collaborate and familiarise users with. — and customised for mobile devices ('Devices'). It is used to To prototype, review, gather feedback, collaborate and familiarise users with, by leveraging Immersive interfacing.
Furthermore, it is used to Digital Twins, Virtual Twins, Design Review and Prototyping, Site layout and Familiarisation, Visualisation of 3D Data and Virtual and Augmented Reality applications of 3D Models.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENCE
2.1 This licence will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.
2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Immersive Engineering Limited's prior written consent).
2.3 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.5 Licensor reserves the right to modify the terms and conditions of licensing.
2.6 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the Overview for this Licensed Application.
4.2 Immersive Engineering Limited and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
5. USER-GENERATED CONTRIBUTIONS
The Licensed Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
6. CONTRIBUTION LICENCE
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions of other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
7. LIABILITY
7.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Licence Agreement. To avoid data loss, You are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application.
8. WARRANTY
8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Immersive Engineering Limited's sphere of influence that affect the executability of the Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and notify Immersive Engineering Limited about issues discovered without delay by email to info@immersive-engineering.com. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 60 days after discovery.
8.4 If we confirm that the Licensed Application is defective, Immersive Engineering Limited reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
8.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.
8.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
9. PRODUCT CLAIMS
Immersive Engineering Limited and the End-User acknowledge that Immersive Engineering Limited, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
- product liability claims;
- any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
- claims arising under consumer protection, privacy, or similar legislation.
10. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a 'terrorist supporting' country; and that You are not listed on any US Government list of prohibited or restricted parties.
11. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:
Nicholas Thomas
5 South Charlotte Street
Edinburgh, Midlothian EH2
4AN
United Kingdom
info@immersive-engineering.com
12. TERMINATION
The licence is valid until terminated by Immersive Engineering Limited or by You. Your rights under this licence will terminate automatically and without notice from Immersive Engineering Limited if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
13. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Immersive Engineering Limited represents and warrants that Immersive Engineering Limited will comply with applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence Agreement', subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.
14. INTELLECTUAL PROPERTY RIGHTS
Immersive Engineering Limited and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Immersive Engineering Limited, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
15. APPLICABLE LAW
This Licence Agreement is governed by the laws of Scotland excluding its conflicts of law rules.
16. MISCELLANEOUS
16.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.