END USER LICENSE AGREEMENT
Last updated: July 30, 2025
PLEASE READ THIS END USER LICENCE AGREEMENT CAREFULLY. This End User License Agreement (hereinafter referred to as the “EULA”) governs your purchasing, downloading and use of the applications such as Shave & Stuff, Pets & Stuff, Zombie Cleanup Service, Titans Clinic, Hide the Corpse (the “Apps” or “App”), which are also available on platforms (Meta Quest, Steam, PlayStation, Pico etc.). This EULA applies to all our Apps, the list of which may change from time to time, unless otherwise specified in a particular App.
The Apps provided or which will be provided by Hyper Reality SIA (“we”, “us”, “our”, “HyperVR Games”), registered in the Register of Legal Entities of the Republic of Latvia under registration number 40203309134, legal address: Dzirnavu street 41-11, Riga, LV-1010, Latvia.
This EULA sets out the basis on which HyperVR Games makes the Apps available to you (hereinafter referred to as “you”, “your”) and on which you may use them. Please note that our Privacy Policy (hereinafter referred to as the “Privacy Policy”) which can be found HERE, forms an integral part of this EULA. By installing or using the Apps, you agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy at all times. If you do not agree with one of these, please do not install or use the Apps.
While using the Apps, you agree to comply with all applicable laws, rules and regulations. In all cases, you may only use the Apps according to anticipated use of the Apps.
If you are under 16 or the age of majority where they live (“Child”) you should review this EULA together with your parent or guardian. If you are the parent or legal guardian of a Child, you also agree to be bound by this EULA on the Child’s behalf. In the event that you permit your Child to use the Apps, you hereby agree to this EULA on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Apps by your Child whether or not any particular use was authorized by you. Parents/guardians are jointly and severally liable for all acts and omissions of their Child for all uses of the Apps. We may require adequate proof of your identity and age and consent from a parent or guardian at any time.
In addition to the minimum age required to accept the EULA as specified above, you should take into consideration that each App has its own category or age limit (for example, PEGI or ESRB, depending on the region). Persons under the age limit for a particular App cannot use that App.
HyperVR Games reserves the right to change, modify, add or delete articles in this EULA at any time, in accordance with the procedures described in Section 10 below.
PLEASE NOTE that the Apps you are intended to use are related to virtual reality applications. The influence of virtual reality on humans is not comprehensively studied for now. Thus, the use of these Apps may be connected with risks to your health and property. Please read the Section “Safety” of this EULA carefully.
HyperVR Games (or its licensors) grants you a personal, non-commercial, non-sublicensable, non-transferable, non-exclusive license to install and/or use the Apps (in whole or in part) and any App (the “License”) until you or HyperVR Games terminate this EULA. In no event shall you use the Apps or this License for commercial purposes or allow others to do so without obtaining permission from HyperVR Games. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the Apps on certain hardware. THESE APPS ARE NOT FOR SALE, BUT ARE LICENSED TO YOU FOR YOUR NON-COMMERCIAL USE.
We do not guarantee that any App will be available at all times, in all locations, or at any given time or that we will continue to offer a particular App for any particular length of time. We do not guarantee that Apps can be accessed on all devices, by means of a specific Internet or connection provider, or in all geographic locations. To keep using the Apps on certain hardware, you might need to install updates, upgrades, patches, or modifications. These updates are necessary to ensure the Apps continue to function correctly and remain compatible with your hardware.
As applicable, certain parts of the Apps may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply, and you must comply with such additional terms to use the Apps. You use third-party materials at your own risk. We disclaim all liability for such materials and do not evaluate any aspects of such content, including but not limited to its accuracy, completeness, timeliness, validity, or copyright compliance. These materials are provided solely for your convenience, and you assume all responsibility and risks associated with using them. This includes any potential issues or damages that may arise. You are solely responsible for, and assume all risks from, using any third-party apps, products, services, websites, or resources. By using third-party materials, you acknowledge and agree that we are not responsible for any consequences resulting from your use of such materials.
Among other things, you agree not to do any of the following (directly or indirectly):
to use or transmit within the Apps any element or content that infringes or violates any intellectual property, privacy, or publicity rights of HyperVR Games or any third party, or to or encourage others to violate;
to sell, rent out, lease, license, distribute, market, exploit the Apps or any of their parts commercially;
to reverse engineer, decompile, disassemble, adapt, reproduce, or create derivate works of these Apps, in whole or in part;
to indicate your or someone else’s personal data related to race, nationality, religious and philosophical views, health status and personal life;
to perform actions aimed at gaining access to elements and functions of Apps for which you do not have permission from HyperVR Games;
to modify, alter, translate, adapt, reproduce, index, copy and/or extract in any way any information or other element or part of the Apps without the prior consent of HyperVR Games;
to modify, distort, block, overburden, interrupt, slow down and/or interfere with the normal functioning of the Apps, or access to it by other users, or the functioning of partner networks of the Apps, or attempt to take any of the above actions;
to use or transmit within the Apps any element or content that HyperVR Games may consider aggressive, threatening, malicious, defamatory, misleading, pornographic, pedophile, calling for suicide or describing ways of committing suicide, related to the methods and methods of developing, manufacturing and using narcotic drugs and other psychotropic substances, pointing to the places of manufacture and purchase of such drugs and other psychotropic substances, as well as related information, obscene, vulgar, racist, xenophobic, inciting hatred, showing images of a sexual or violent nature, contrary to moral norms, unacceptable for another reason; you are prohibited from impeding or disturbing other players’ ability to enjoy the Apps including but not limited to, disrupting standard gameplay, game mechanics, in-game communication, or dialogue. Disruptive actions may include the use of profane, insulting, or harassing language; displaying abusive conduct; excessive use of capital letters (shouting); spamming; flooding chat channels; repeatedly hitting the return key; or engaging in comparable disruptive activities within the Apps;
to introduce or distribute any virus programs, Trojans, worms, bombs, corrupted files and/or other similar malicious means or corrupted data through the Apps, and/or organize, participate in any capacity in attacks on HyperVR Games servers and/or Apps and/or HyperVR Games providers and partners;
to create, use and/or distribute automated or macro-command computer programs, robots, bots or other copying programs and software applications and/or use of Apps mirror sites;
to create or distribute devices that provide third parties with an alternative opportunity to use Apps, such as server emulators;
to use false information, use another user’s account, assign someone else’s identity, or provide false information about other individuals and legal entities within or during the use of the Apps;
without our permission, to use any means to collect and intercept data exchanged by users during the use of the Apps, or their names/screen names and/or access passwords of any of the other users;
attempt to obtain an access password, account information or other personal information from any user, and/or sell, rent, share, provide for use and/or otherwise transfer to third parties the right to use your account and/or the ability to access it and/or otherwise provide third parties with the opportunity get benefits using your account;
to seek access, use, download from the Apps or otherwise obtain or supply to third parties (free of charge or for a fee) any lists of users of the Apps or any other information about users and their use of the Apps;
not to comply with the requirements of HyperVR Games representatives and/or impersonate an employee or representative of HyperVR Games or affiliated companies, partners and/or agents of HyperVR Games;
to remove, alter, disable or circumvent any copyright and trademark notice or other author and manufacturer information, notices or labels contained on or within the Apps;
to export or re-export the Apps or copies of adaptations in violation of any applicable laws or regulations;
to impersonate an employee or representative of HyperVR Games, their partners and/or agents;
to falsely claim affiliation with an App or company and support for HyperVR Games;
misuse in-game support or complaint features by submitting false reports to our support;
to violate the terms and conditions of any third-party platform you use to access our Apps, including payment terms;
to use any means to change or falsify the position of the device.
If and when HyperVR Games introduces multiplayer or user interaction features in the Apps (including but not limited to chat, co-op, forums, or social functions), you agree not to misuse such features or engage in any behavior that may harm other users or disrupt the experience of others; you are prohibited from harassing, threatening, bullying, embarrassing, spamming, or engaging in any behavior that could be deemed offensive or objectionable to another user or our employees.
If you fail to comply with this EULA, it may result in the suspension of your access to the Apps (or any part thereof). In addition, such non-compliance may result in the termination of your access to the Apps (or any part thereof). You may be subject to any sanctions set forth in this EULA or authorized by applicable law. Furthermore, repeated violations or severe breaches of this EULA may lead to more stringent actions, including but not limited to, permanent bans from the Apps, legal action, and reporting to relevant authorities. We reserve the right to investigate any suspected violations and take appropriate measures to ensure the integrity and safety of our Apps and community.
We assume and approve that you may create fan content while using the Apps, such as posting gameplay videos or streams on YouTube and Twitch, creating fan art, character cosplay props, and more. Any fan content you create is welcome, within reason.
However, in order to ensure the safety of the Apps, if you create fan content, please observe the following guidelines:
Do not use fan content for commercial purposes. Since fan content is created by fans for fans, you may not use our Apps for commercial purposes in any way, with some exceptions (such as monetizing your videos and streams through YouTube and Twitch affiliate programs (and other similar video/stream hosting programs), but these should never be limited to paid access only).
You shall not force people to pay for fan content or introduce paid access. Such contributions (donations) must be voluntary only.
You shall clearly state in a reasonable and prominent place in your fan content that “This is unofficial fan art that is not approved or endorsed by HyperVR Games” (or an analogue that does not misrepresent the content). We forbid giving the false impression in any way that your work is approved or endorsed by us.
Your fan content must exist separately and may not be incorporated into third party games or products.
You and any other third parties are not allowed to use fan content (original and/or modified) for the purpose of advertising, promotion of any other games and products that are not our Apps including but not limited to implement such fan content as in-app advertisement.
You shall not create or publish fan content that is offensive, discriminatory, defamatory, harassing, hateful, violent, sexually suggestive, or that promotes racism, extremism, or any other behavior that may harm individuals or groups based on race, ethnicity, nationality, religion, gender, sexual orientation, or other protected characteristics.
HyperVR Games reserves the right to request removal of any fan content that violates this EULA or may negatively impact our reputation or the community, regardless of whether such content was created with your approval or knowledge.
You are the owner of the new original fan content that you create. However, since your fan content is based on our Apps, we may want to showcase it on our social media channels, make it available to other players in the Apps, etc. In order to enable us to showcase fan content, from the moment you create fan content, you grant us a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license to use, modify, reproduce, create derivative works from, distribute, use, transmit, perform and communicate your fan content in connection with our Apps.
OWNERSHIP RIGHTS
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NO PROPERTY RIGHTS OR OTHER PROPERTY RIGHTS TO THE APPS; YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL SUCH RIGHTS ARE AND WILL ALWAYS BE VESTED IN HYPERVR GAMES IN FURTHERANCE OF ITS INTERESTS. Except for the rights expressly licensed to you hereunder, all title, ownership rights and intellectual property rights in and to the Apps (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the Apps, individually or in combination) and any and all copies thereof are owned by HyperVR Games or its licensors.
You may not give, purchase, sell, trade, exchange, market, offer for sale, license, assign or otherwise transfer your rights, responsibilities or obligations under the EULA, whether in whole or in part, without the prior written consent of HyperVR Games, modify, create derivative works, commercialize, or otherwise exploit the Apps unless subject to separate, express written terms provided by HyperVR Games permitting such conduct. Any attempt to do so shall be null and void.
Without limiting the foregoing, nothing in the limited License granted in EULA authorizes the use of the Apps in any manner to develop, train, enhance, or provide source material for, or promote, any Generative AI Tools; and for the avoidance of doubt, any such uses are hereby explicitly prohibited. “Generative AI Tools” means any tool or computer program that uses algorithms or technology commonly known as artificial intelligence or machine learning to create or generate content such as, but not limited to, software code, written text, still or moving images, musical works, human voice emulation, audio material, or other creative works based on text, image, sound prompts, or other inputs. If we terminate this EULA in accordance with the provisions below, any License from us to you to use the Apps, ends immediately.
The Apps are protected by national and international laws, copyright treaties and conventions and other laws. All rights reserved. HyperVR Games and its licensors may enforce their rights in the event of any breach of the EULA.
These Apps may contain certain licensed materials and, in that event, HyperVR Games has the right to enforce their rights in the event of any violation of the EULA. Any reproduction or representation of these licensed materials in any manner and for any reason is prohibited without HyperVR Games prior permission and, if applicable, HyperVR Games licensors and representatives. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by HyperVR Games.
This EULA confers no title or ownership in the Apps and should not be construed as a sale of any rights in the Apps.
We may provide patches, updates, or upgrades to the Apps that may be required to continue using the Apps, including automatic or “in the background” updates at our own discretion. Such updates are subject to this EULA unless other terms are presented with the updates, in which case, those other terms apply. We are not obligated to make any updates available apart from updates that are necessary to keep the Apps in conformity. We do not guarantee that we will support the version of the system or device for which you licensed, obtained, or purchased any part of the Apps, unless we have made claims regarding compatibility. We may from time to time, without additional cost to you, modify, alter, or suspend, whether in whole or in part, any of Apps for any reason in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the App.
REGISTRATION
Registration requirements. In order to purchase and use our Apps, you should register on the appropriate platform (e.g. Meta Quest, Steam, PlayStation, Pico, etc.) and create an account, accepting the terms of use of that platform. Once an account is created, you can purchase the Apps that will be linked to your account. The platform may use its own entitlement verification systems to confirm that you are the legitimate owner of the App. You acknowledge and agree that access to the Apps may require online authentication via the platform’s entitlement APIs, and that such verification may occur during installation and/or each time you launch the App. HyperVR Games does not control the platform’s entitlement verification systems or their operation, and shall not be liable for any issues arising from your inability to authenticate ownership of the App through such systems.
The Apps are designed as a closed virtual universe. You may not use virtual currency, goods, or assets such as coins, points, tokens, gold, gems, weapons, vehicles, buffs, power-ups, trophies, rewards, or badges (hereinafter referred to as the “Virtual Items”) separate from or outside of the Apps. You may not sell or exchange Virtual Items for real currency or anything of real-world value, to another user, between games, etc. You may not make available any cheats, technological measures, or other methods designed to enable or encourage any collection, selling, or trading of Virtual Items. You may not create or participate in any exploitation of price differences of Virtual Items by any means (for example, between real currency prices).
Please be aware that we do not require you to make any in-game purchases to enjoy our Apps. When you acquire Virtual Items within our Apps, you do not own these items permanently. Instead, you are granted a limited, personal, non-transferable, and revocable license to use these Virtual Items solely within the scope of our Apps. This license is intended for your personal, non-commercial, and entertainment purposes only. It is important to note that we retain ownership of your account and any Virtual Items associated with it. The quantities of any Virtual Item you possess do not represent real-world money or any credit balance in real-world currency. Rather, these quantities are merely a measure of the extent of your limited license to use the Virtual Items within our Apps.
We reserve the right to define and amend the pricing of Virtual Items at our discretion. Additionally, we may manage, modify, suspend, or eliminate Virtual Items for any reason, with or without prior notice to you. Please be aware that the pricing of Virtual Items can vary based on factors such as location, time, and other considerations.
You acknowledge that the in-game purchases are made through other applications stores or platforms (Meta Store, App Store, Steam etc.) and are governed by those platforms’ payment terms and conditions (including, but not limited to, applicable fees and refund terms). We do not control the payment processes on those platforms and are not responsible or liable for processing those payments.
FEEDBACK
SAFETY
YOU AGREE THAT YOU SHALL ABIDE BY THE SAFETY GUIDE OR OTHER RELEVANT NOTICES PROVIDED BY YOUR VIRTUAL REALITY HARDWARE MANUFACTURER AT ALL TIMES DURING YOUR USE OF THE APPS. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT RELY ON ANY MECHANISM IN THE APPS, INCLUDING THE AUTO PAUSE FEATURE, FOR PROTECTION. YOU ACKNOWLEDGE THAT YOU VOLUNTARILY PARTICIPATE IN THE USE OF THE APPS ENTIRELY AT YOUR OWN RISK. YOU ARE AWARE OF THE RISKS ASSOCIATED WITH USING THE APPS, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. YOU UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM YOUR USE OF THE APPS, INCLUDING DUE TO YOUR OWN OR OTHER’S NEGLIGENCE. NONETHELESS, YOU ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO YOU, OF USING THE APPS.
You acknowledge and agree that you have independently located, thoroughly reviewed, and fully understood all documentation, safety instructions, usage guidelines, and any other materials provided by the manufacturer of your virtual reality hardware. This includes, but is not limited to, user manuals, health and safety warnings, setup procedures, maintenance recommendations, and any updates or advisories issued by the manufacturer. You further agree to comply with all such guidance throughout your use of the hardware.
You acknowledge and understand that your actions while using the Apps may pose potential risks to your own safety, as well as to the safety of individuals in your vicinity, including but not limited to family members, bystanders, pets, and personal property. You agree to exercise caution and remain aware of your physical surroundings at all times to prevent injury, damage, or other adverse consequences.
By choosing to use the Apps, you voluntarily acknowledge and accept any and all risks associated with use of the Apps. While using the Apps, you will be moving your hands, feet and body. While wearing your virtual reality headset and using the Apps, you will not be able to see anything in the physical room around you. The image displayed in the headset will not match the real world. While using these Apps, if you move your feet, do so slowly and maintain your balance.
You must remain constantly aware of any physical components of your virtual reality hardware, including but not limited to headset cables, to avoid entanglement, tripping, or other hazards. Failure to do so may result in personal injury or damage to property. It is your responsibility to ensure that your play area is clear and that all cables are managed in a safe and secure manner during use.
Falling and/or striking an object with your head, limbs or body could cause serious injury to yourself or others. It is strongly recommended that you use the Apps only under the supervision of another person who may provide warning to you of any safety hazards that may arise, or that you may approach, while using the Apps. Be sure you can hear the supervising person at all times while using the Apps.
While using the Apps with hand controllers, you must ensure that you have adequate clearance in all directions—particularly overhead and around your body—to allow for the full extension of your arms without obstruction. Always maintain a secure grip on the controllers and use the provided wrist straps to prevent accidental drops or unintended movement that could result in injury or damage to property. It is your responsibility to verify that your play area is safe and free from hazards before and during use.
Avoid using the Apps near stairways, windows, or heat sources. While using the Apps, refrain from moving your hands or body rapidly or in an uncontrolled manner, as this could cause serious injury to yourself or others. Each time you use the Apps, you acknowledge that it is your responsibility to completely clear your play area of people, pets, furniture, and all objects that you could potentially strike, contact, or become entangled with. This includes, but is not limited to, computer equipment, monitors, television sets, light fixtures, mirrors, and artwork. Be especially aware of ceiling light fixtures and ceiling fans within your play space.
You acknowledge that striking, making contact with, or becoming entangled in any object—whether stationary or moving—while using the Apps may result in serious personal injury or significant damage to property.
YOU ACKNOWLEDGE THAT USING THE APPS WITH YOUR VIRTUAL REALITY HARDWARE MAY INVOLVE A TEST OF YOUR PHYSICAL AND MENTAL LIMITS AND MAY CARRY WITH IT THE POTENTIAL FOR SERIOUS INJURY, AND PROPERTY LOSS, OR DEATH. The risks of using the Apps may include, but are not limited to, those caused by loss of balance, caused by inability to see physical surroundings, caused by inability to hear sounds in physical surrounds, caused by any part of your body hitting or otherwise contacting people or objects in the physical surroundings, caused by repetitive or strenuous motion of any part of your body, caused by involuntary motion or action of any part of your body, caused by stress to your eyesight or hearing from frequent or prolonged use. For some individuals, sequences of images which may be displayed by the Apps on the virtual reality headset screen, including but not limited to images of rapidly flashing lights, could induce epileptic seizures.
Due to the immersive nature of the Apps, you may feel compelled to move your body and/or limbs in an uncontrolled, rapid or otherwise unsafe manner. You may feel compelled to move or reach beyond the safe boundaries of the play area you have prepared when following your virtual reality manufacturers safety guidelines. You agree that if you choose to use the Apps, you will avoid such actions at all times, and that it is solely your responsibility to move and act in a safe and controlled manner while using the Apps. You may feel overwhelmed by the immersive nature of the Apps, and you may experience intense physical and psychological sensations during or after its use.
You acknowledge that you are capable of removing your virtual reality headset at any time during the use of the Apps in order to cease experiencing the Apps, to check your location within your physical surroundings, to provide yourself with adequate rest and recovery, or for any other reason to ensure your mental and/or physical comfort and safety. Recommended that all persons be supervised while using the Apps to ensure safety.
If you suffer from epilepsy, a heart condition, are pregnant or if you have any other pre-existing medical condition, you should obtain professional medical advice before playing the Apps with a virtual reality headset on. If you experience any of the following symptoms while playing any Apps, immediately discontinue use and consult your physician before resuming play: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
You must not use the Apps while wearing a virtual reality headset if you are under the influence of alcohol, drugs, or any medication that may impair your judgment, coordination, reaction time, or overall ability to safely interact with the virtual environment. Doing so may increase the risk of injury to yourself or others and may result in unsafe or unpredictable behavior.
WARRANTY DISCLAIMER, LIMITATION OF LIABILITY
IF YOU LIVE IN THE EUROPEAN ECONOMIC AREA (EEA), UNITED KINGDOM OR SWITZERLAND, THE APPS WILL BE PROVIDED WITH REASONABLE CARE AND SKILL AND NO OTHER PROMISES OR WARRANTIES ABOUT THE APPS ARE MADE. IF YOU LIVE OUTSIDE THE EEA, UNITED KINGDOM AND SWITZERLAND, APPS ARE LICENSED AND PROVIDED “AS IS.” YOU USE THEM AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, WE GIVES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR PRACTICE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPS; THAT THE APPS WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE APPS WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS, CORRUPTION, LOSS, INTERFERENCE, HACKING OR VIRUSES, OR THAT APPS WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER SOFTWARE.
If you live in the EEA, United Kingdom or Switzerland, we and our employees, licensors and business partners will not be liable to you for any losses or damages arising from your actions or breach of this EULA, or which arise as a result of a third party’s (or any other) acts or omissions beyond our control. If you live outside the EEA, United Kingdom and Switzerland, to the full extent permitted by applicable law, we and our employees, licensors and business partners shall not be liable to you for any losses that were not caused by our breach of this EULA, or indirect, incidental, consequential, punitive or special damages. The types of excluded damages include, for example, financial loss (such as loss income or profits), cost of substitute goods or services, business interruption or stoppage, loss of data, loss of goodwill, and computer failure or malfunction. This limitation applies to any claim arising out of or related to this License or Apps, whether based in contract, tort, statute, strict liability or otherwise. It also applies even if we knew or should have known about the possibility of such damage. You may recover only direct damages in any amount no greater than what you actually paid for the App. We do not limit our liability for fraud, gross negligence, willful misconduct, or for death or personal injury. Some jurisdictions do not allow the above exclusions and limitations, so some or all of them may not apply to you.
INDEMNITY
You are solely responsible for any damage caused to HyperVR Games, its licensors, channel partners and associated service providers and subcontractors, other users of the Apps or any other individual or legal entity as a result of your violation of this EULA.
You agree to indemnify, defend, and hold harmless HyperVR Games, our affiliates, and our respective officers, directors, employees, agents, and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (a) a violation of any provision of this EULA or (b) your use or misuse of the Apps.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
This indemnification provision will survive the termination of this EULA and your use of Apps.
APPLICABLE LAW AND DISPUTE RESOLUTION
Applicable Law. This EULA and your use of Apps shall be governed by and construed in accordance with the laws of the Republic of Latvia.
Dispute Resolution. In case of any disputes, claims, or issues arising from or relating to the use of the Apps, you agree to attempt to resolve the matter through direct communication with us before initiating any formal legal proceedings. You should first contact via email at data@hypervr.games to inform us of the issue or dispute.
You agree to engage in good faith negotiations to attempt to settle the dispute amicably. We will respond to your inquiry within a reasonable time frame and will do our best to resolve the issue collaboratively and fairly.
If the dispute cannot be resolved through direct communication within 30 days of the initial contact, you may proceed with alternative dispute resolution (ADR) methods or other legal avenues, including using the Online Dispute Resolution (ODR) platform for residents of the European Union. You can access the ODR platform by visiting the following link: https://ec.europa.eu/consumers/odr. Participation in the ODR process is voluntary and you are not obligated to use the ODR platform before seeking other legal avenues. You may also seek recourse in a competent court.
Each party irrevocably submits for all purposes in connection with the EULA (including any such dispute or claim) to the exclusive jurisdiction of the courts of the Republic of Latvia, except that nothing in this EULA shall limit our right to bring any action against any party in any other court of competent jurisdiction, nor shall the bringing of such action in one or more jurisdictions preclude the bringing of any other such actions in any other jurisdiction (whether concurrently or not) to the extent permitted by the law of such jurisdictions.
TERMINATION
The EULA is valid from the earliest date of purchase, download or use of any App by you, until its termination in accordance with its terms. You and HyperVR Games (or its licensors) may terminate this EULA, at any time, for any reason. Termination by HyperVR Games will be effective upon (a) notification to you or (b) closure of your account (if any) or (c) at the time HyperVR Games decides to terminate the offer and/or the App support. This EULA will terminate automatically if you violate any of the terms of this EULA. Upon termination for any reason, you must immediately uninstall the Apps and destroy all copies of the Apps in your possession.
If HyperVR Games determines in its sole discretion that you are violating any of the terms of this EULA, HyperVR Games may: (1) notify you, and (2) take appropriate legal actions. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the App, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
AMENDMENTS
HyperVR Games reserves the right, in its sole discretion, to revise, update, modify, add to, supplement, or delete certain terms of this EULA for security, protection, legal or regulatory reasons. Such changes will be valid with prior notice. You can see the latest version of this EULA by clicking on the “EULA” link located on the App or on [name of the website]. HyperVR Games reserves the right to make mailings regarding changes to this EULA, but you should also periodically check for changes to this EULA. If any future changes to this EULA are unacceptable to you or make it impossible for you to comply with this EULA, you may terminate this EULA in accordance with Section 9 and must immediately uninstall the Apps and destroy all copies thereof. By continuing to use the Apps after any revision of this EULA, you confirm your full irrevocable acceptance of all and every change.
HyperVR Games may at any time, at its discretion, modify the Apps for any reason, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Apps. You agree that the Apps may install or download the modifications automatically. You agree that HyperVR Games may stop to support previous versions of the Apps when an updated version is available. HyperVR Games’ partners and related service providers shall have no obligation to provide any maintenance or customer support with respect to the Apps.
By using the Apps, you agree you may receive notifications related to the Apps and any other services and content that we believe may interest you from us, our affiliates, or providers. It includes, but is not limited to, updates about new features, promotional offers, account activity alerts, security updates, and reminders about upcoming events or deadlines.
MISCELLANEOUS
The EULA represents the complete agreement between you and HyperVR Games concerning the Apps, and supersedes any prior or contemporaneous agreements between you and HyperVR Games. The EULA shall coexist with, and shall not supersede any other HyperVR Games policies referenced in this EULA. You and HyperVR Games agree that we each have not relied upon any terms, conditions, representations, warranties or similar that are not expressly set out in the EULA.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HyperVR Games as a result of the EULA or your use of the Apps.
If any court of competent jurisdiction or competent authority finds that any provision of this EULA is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the remaining provisions of this EULA remain in full force. If any invalid, unenforceable or illegal provision of this EULA would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect HyperVR Games’ initial intentions.
No failure or delay by HyperVR Games (or its licensors) to exercise any right or remedy provided under this EULA or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. Waiver of a right or remedy may be considered to have taken place only after signing of a written statement to this effect by HyperVR Games or by you.
You may not assign its rights under this EULA, in whole or in part, to any person or entity at any time without our prior written consent. Any unauthorized assignment by you shall be null and void. We may assign its rights under this EULA, in whole or in part, to any person or entity at any time without your prior consent.
If you have any questions or comments regarding this EULA or the Apps, feel free to contact us by email data@hypervr.games.
THIS EULA APPLIES ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.