Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the SendorVR websites, applications, software, virtual reality experiences, hardware programs, and related services (collectively, the “Services”). The Services are owned and operated by Innovation Standard LLC, a Wyoming limited liability company (“Innovation Standard,” “we,” “us,” or “our”). “SendorVR” is a product and brand of Innovation Standard LLC.

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not access or use the Services. If you are using the Services on behalf of a clinic, hospital, company, or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE IMPORTANT DISCLAIMERS — INCLUDING THAT SENDORVR IS NOT A MEDICAL DEVICE AND PROVIDES NO MEDICAL BENEFIT CLAIMS — AS WELL AS LIMITATIONS OF LIABILITY, AN ASSUMPTION-OF-RISK PROVISION, A BINDING ARBITRATION CLAUSE, AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

Our Privacy Policy explains how we handle information. It does not form part of these Terms, but you should review it carefully.

1. Who We Are

The Services are provided by Innovation Standard LLC, a limited liability company organized under the laws of the State of Wyoming, United States, with its registered address at:

Innovation Standard LLC, 1603 Capitol Avenue, Suite 413-A 7, Cheyenne, Wyoming 82001, United States.

SendorVR develops immersive virtual reality comfort and engagement experiences intended for general wellness and entertainment purposes in everyday settings, including — at a facility's own election — waiting areas and routine appointment environments.

2. SendorVR Is Not a Medical Device and Provides No Medical Services

This section is fundamental to these Terms. By using the Services, you acknowledge and agree to each of the following:

• SendorVR is a general wellness, comfort, and entertainment product. It is not a medical device, therapeutic device, digital therapeutic, or clinical tool of any kind.
• SendorVR is not intended to diagnose, treat, cure, mitigate, or prevent any disease, disorder, injury, symptom, or medical or psychological condition, including (without limitation) pain, anxiety, fear, phobias, or distress.
• SendorVR has not been evaluated, cleared, or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory authority, and no such evaluation, clearance, or approval has been sought, because the product is not marketed for a medical purpose.
• We make no claims, representations, warranties, or guarantees of any health, medical, therapeutic, analgesic, anxiolytic, or clinical benefit or outcome of any kind, for any person, in any setting.
• Nothing in the Services, our websites, marketing materials, blog posts, or communications constitutes medical advice, a medical claim, or a substitute for the professional judgment of a licensed healthcare provider.
• Any references on our websites to published third-party research describe that research generally, for informational and educational purposes only. Such references are not claims about SendorVR, are not product-specific evidence, and must not be relied upon as such.
• Use of the Services does not create a doctor-patient, provider-patient, therapist-client, or any other professional or fiduciary relationship between you (or any end user) and Innovation Standard.
• SendorVR is an optional amenity. It is never required for, connected to, or a condition of any medical care, and it does not participate in, alter, or interfere with any procedure, treatment, or clinical decision.

If you or an end user has any medical or psychological condition or concern, consult a qualified healthcare professional. Never delay, forgo, or modify medical care because of anything associated with the Services.

3. Responsibilities of Facilities and Professional Customers

If you are a clinic, hospital, blood donation center, dental practice, care home, or any other facility or professional (a “Facility”) that chooses to make SendorVR available on your premises, you acknowledge and agree that:

• The Facility and its personnel retain sole and complete responsibility for all care, procedures, supervision, and decisions concerning their patients, donors, residents, and visitors (“End Users”). Innovation Standard has no role in, and assumes no responsibility for, any aspect of care.
• The decision to offer SendorVR to any End User, and the determination of whether SendorVR is suitable and safe for a particular End User, is made exclusively by the Facility in its own judgment.
• The Facility is solely responsible for obtaining any consents, authorizations, or parental/guardian permissions required for End Users (including minors) to use the Services, and for complying with all laws, regulations, and professional standards applicable to the Facility, including health, safety, hygiene, privacy, and consumer protection requirements.
• The Facility is solely responsible for supervising End Users while they use the Services, for hygiene and sanitation of any hardware between uses, and for discontinuing use immediately if an End User shows or reports any discomfort.
• The Facility must not represent to any person that SendorVR is a medical device, provides medical or therapeutic benefits, or forms part of any treatment or procedure. The Facility must not make claims about the Services beyond those made in our official materials.
• The Facility must not provide Innovation Standard with any patient health information or other regulated health data. See Section 4 (Health Information).

4. No Health Information; No HIPAA Relationship

The Services are designed to operate without collecting or processing patient health information. Innovation Standard is not a “covered entity” or “business associate” under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”), and nothing in the Services is intended to create such a relationship.

• You must not upload, transmit, or otherwise provide to us any protected health information (PHI), medical records, diagnoses, treatment information, or any other regulated health data, about yourself or any other person, unless we have expressly agreed in a separately signed written agreement.
• Any information provided to us in violation of this section is provided without our authorization, and you are solely responsible for it. We may delete such information without notice.
• End Users do not need to provide any personal or medical information to Innovation Standard to use an in-headset experience.

5. VR Safety Warnings and Assumption of Risk

Virtual reality involves inherent risks. These include, without limitation: motion sickness, dizziness, nausea, disorientation, eye strain, headaches, fatigue, and — in rare cases — seizures or blackouts (including in persons with no prior history, triggered by flashing lights or patterns); as well as physical risks such as colliding with objects or people, tripping, or falling while wearing a headset.

• Always follow the safety guidance published by the manufacturer of the VR headset being used.
• Stop using the Services immediately if you experience any discomfort, and remain seated or stationary while using them wherever possible.
• Persons who are pregnant, elderly, or who have heart conditions, epilepsy, photosensitivity, balance disorders, recent injuries, or other conditions that may be aggravated by immersive experiences should not use the Services without first consulting a qualified professional of their choosing.
• Facilities are responsible for screening and supervising End Users as described in Section 3.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU (AND, WHERE YOU ARE A FACILITY, EACH END USER TO WHOM YOU PROVIDE THE SERVICES) VOLUNTARILY AND KNOWINGLY ASSUME ALL RISKS ASSOCIATED WITH USE OF THE SERVICES, whether or not such risks are described above, and whether arising from the Services, third-party hardware, the surrounding environment, or otherwise.

6. Registration and Access

Age. Accounts may only be created by persons who are at least 18 years old and capable of forming a binding contract. The Services (including our websites) are not directed to children. Any use of an in-headset experience by a minor may occur only on a Facility's premises, under the Facility's supervision, and with all consents the Facility is required to obtain (see Section 3).

Registration. You agree to provide accurate, complete, and current information when creating an account and to keep it updated. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of any unauthorized use.

Organizational accounts. If your account is created or managed through an organization, that organization's administrators may access, control, or suspend the account, subject to applicable law.

Software. The Services may include downloadable software that updates automatically. Some components may include open-source software governed by separate licenses.

7. Acceptable Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for their intended purpose. You must comply with all applicable laws and any policies or guidelines we provide. You may not:

• Use the Services for any unlawful, harmful, or abusive purpose, or in violation of anyone's rights
• Use the Services in any manner that represents them as medical, therapeutic, or clinical in nature, or make health claims about them
• Copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Services without our prior written authorization
• Reverse engineer, decompile, or attempt to extract source code, models, or underlying components, except to the extent such restriction is prohibited by law
• Scrape, harvest, or programmatically extract data or content from the Services
• Circumvent, disable, or interfere with security features, usage limits, or access controls
• Use the Services or any content therein to develop competing products or services
• Introduce malware or other harmful code, or interfere with the integrity or performance of the Services

Feedback. If you provide feedback or suggestions, we may use them without restriction or compensation to you.

8. Content

You may submit limited content to the Services (such as configuration choices or support communications) (“Input”). You are responsible for your Input and represent that you have all rights needed to provide it, and that it does not include health information (Section 4) or personal information of any End User.

As between the parties, you retain ownership of your Input. We may use Input and usage data to operate, maintain, secure, and improve the Services, to comply with law, and to enforce our policies.

All experiences, environments, visuals, audio, and other materials made available through the Services are our content or our licensors' content, and no ownership in them transfers to you.

9. Informational Content; No Reliance

Content on our websites — including blog posts, research summaries, statistics, and descriptions of third-party studies — is provided for general informational purposes only. It may be incomplete, become outdated, or contain errors. You agree that:

• Such content is not advice of any kind (medical, legal, financial, or otherwise) and must not be relied upon as such
• Descriptions of third-party research are not claims about the Services and do not imply that the Services produce any particular result
• References to third-party products, publications, or organizations do not imply endorsement or affiliation
• You are responsible for independently evaluating any information before acting on it

10. Intellectual Property

All right, title, and interest in and to the Services — including software, experiences, designs, text, graphics, logos, and trademarks (including “SendorVR”) — are owned by Innovation Standard LLC or its licensors and are protected by intellectual property laws. You may not use our names, logos, or branding without our prior written permission or except as expressly permitted by brand guidelines we publish.

11. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INNOVATION STANDARD AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY PERSON WILL EXPERIENCE ANY PARTICULAR FEELING, STATE, COMFORT LEVEL, OR OUTCOME FROM USING THE SERVICES; OR (D) ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL INNOVATION STANDARD LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR ANY PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

The limitations in this section apply even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you. Each provision of this section is severable and enforceable to the fullest extent permitted.

13. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Innovation Standard LLC and its members, managers, officers, employees, agents, and licensors from and against any claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; (d) if you are a Facility, any claim by or relating to any End User, including claims relating to care, supervision, consent, suitability, hygiene, or any representation made by you about the Services; and (e) any information you provide to us in violation of Section 4.

14. Suspension and Termination

You may stop using the Services at any time. We may suspend or terminate your access to all or part of the Services at any time, with or without notice, including if we reasonably believe you have violated these Terms, if required by law, or if continued provision poses risk to us, other users, or third parties. Upon termination, your right to use the Services ceases immediately. Sections that by their nature should survive termination (including Sections 2, 4, 5, and 9 through 17) survive.

15. Governing Law, Arbitration, and Class Action Waiver

Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules.

Informal resolution first. Before filing any claim, you agree to contact us at support@sendorvr.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

Binding arbitration. Any dispute not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association under its rules, seated in Cheyenne, Wyoming (or conducted remotely where available), before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property.

CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. NEITHER PARTY MAY PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in the state or federal courts located in Laramie County, Wyoming, and both parties consent to the exclusive jurisdiction and venue of those courts.

Time limit. To the extent permitted by law, any claim must be filed within one (1) year after the events giving rise to it, or it is permanently barred.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date above and, for material changes, provide notice through the Services or other reasonable means. Changes take effect when posted unless stated otherwise. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

17. General Provisions

• Entire agreement. These Terms (together with any signed written agreements between you and us) are the entire agreement between you and Innovation Standard regarding the Services and supersede all prior understandings.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• No third-party beneficiaries. These Terms do not create rights in any third party, except that Innovation Standard's affiliates, licensors, and personnel may enforce the protections written in their favor.
• Export & sanctions. You may not use the Services in violation of applicable export control or sanctions laws.
• Headings. Headings are for convenience only and do not affect interpretation.

18. Contact Us

Questions about these Terms may be directed to:

Innovation Standard LLC (SendorVR)

1603 Capitol Avenue, Suite 413-A 7, Cheyenne, Wyoming 82001, United States

support@sendorvr.com