Terms of use

Version 1.1 – October 2024

1. Introduction

These Terms of use ('Terms') govern your use of the VR game application, Epyka ('Game') and the website singualarperception.com, provided by Singular Perception S.r.l. ('Owner'). By accessing and playing Epyka, you agree to these Terms, which form a legally binding agreement between you and Singular Perception S.r.l., located at Via Roma 39, Pieve Ligure (GE) 16031, Italy. If you do not agree to these Terms, you may not access the Game. Compliance with the policies of third-party platforms where Epyka is or may be distributed, such as Meta's Quest Store, Sony’s PlayStation/PlayStation VR, and Steam, is also required.

PLEASE READ THE HEALTH AND SAFETY WARNINGS BELOW, ESPECIALLY IF YOU ARE PREGNANT, ELDERLY, HAVE PRE-EXISTING BINOCULAR VISION ABNORMALITIES OR PSYCHIATRIC DISORDERS, OR SUFFER FROM A HEART CONDITION OR OTHER SERIOUS MEDICAL CONDITION.

2. Health and Safety

Please follow all health and safety guidelines issued by the VR headset manufacturers and additional safety measures specified in these Terms to avoid injury. Epyka is a VR experience that can limit your awareness of your physical surroundings. While playing, ensure you are in a safe environment, free of obstacles, people, or pets, and take regular breaks to prevent discomfort or motion sickness. We recommend the following precautions: 1. **Play Area**: Clear the play area of all obstacles, people, or pets before starting gameplay. Also make sure that stairs or other obstacles that may cause harm are NOT in or near the playarea. 2. **Physical Fitness**: Do not play if you are fatigued, under the influence of alcohol or drugs, or experiencing health issues that might impair gameplay. 3. **Health Risks**: The Game may contain rapid light patterns that could trigger symptoms such as dizziness or nausea. Users with a history of seizures or light sensitivity should consult a doctor before playing. 4. **Supervision**: It is strongly recommended to have someone present while you play, in case you need assistance. WARNING: If you experience any symptoms of discomfort, stop playing immediately and consult a doctor if necessary. You play the Game at your own risk.

3. Account Registration and Prohibited Use

To play the Game, users must register an account on the relevant platform, such as Meta’s Quest Store, Steam, or PlayStation. Account sharing, unauthorized access, or any form of bypassing platform restrictions is strictly prohibited. The Owner reserves the right to suspend or terminate accounts for violations of these Terms, including but not limited to harassment, inappropriate conduct, or unauthorized modifications of the Game.

4. Age Limitations and User Responsibilities

Access to the Game is restricted to individuals who meet the minimum age requirement specified by the platform (e.g., Quest Store). Users under the minimum age are prohibited from accessing the Game.

Any registration by, use of or access to the Game by anyone under the Required age, or by anyone who is under 18 acting without parental or guardian consent, is unauthorized, unlicensed and in violation of these Terms. If you are at least the required age but under 18 years of age, you agree that your parent or legal guardian has reviewed and agreed to these terms, and you can form a binding contract with resolution games.

To the fullest extent permitted under applicable law, Singular Perception s.r.l. declines any responsibility regarding any activities conducted by a child under 18 years of age (with or without the permission of a parent). If you are a parent or guardian, and you give your consent and permission for your child under 18 years of age (and at least the required age) to register and use the game, you thereby agree to the terms relating to access to the game by your child under 18 years of age and you shall ensure of and be solely responsible for your child’s strict compliance, at all times, with the terms.

5. Acceptable Use

Users agree to use the Game only for its intended purpose. Any unauthorized, abusive, or disruptive behavior within the Game, including harassment, cheating, or other conduct deemed inappropriate by the Owner, is strictly prohibited. Users must respect other players and follow all platform rules. Violations may lead to suspension or termination of access.

6. Data Privacy

By using Epyka or singularperception.com you consent to the data collection practices as outlined in Singular Perception S.r.l.'s Privacy Policy.

7. Limitation of Liability

To the fullest extent permitted by law, Singular Perception S.r.l. disclaims liability for any injuries, property damage, or losses arising from your use of Epyka. The Game is provided 'as is' without warranties of any kind, either express or implied. Singular Perception S.r.l.'s liability shall not exceed the amount you paid to purchase the Game, and the Owner shall not be liable for any incidental, special, indirect, or consequential damages, including: 1. **Personal Injury**: Injuries resulting from physical interaction with real-world objects while immersed in VR. 2. **Property Damage**: Damages arising from improper use of VR equipment or failure to adhere to Health and Safety guidelines. 3. **Loss of Data**: Singular Perception S.r.l. is not liable for any loss of user data or damages caused by technical failures or interruptions. 4. **Inherent Game Risks**: Users assume all risks associated with VR, including physical, psychological, or property damages. 5. **Third-Party Services and Devices**: Singular Perception S.r.l. is not responsible for issues due to compatibility or performance of third-party devices or platforms. This limitation applies to the maximum extent allowed by law. Some jurisdictions do not allow exclusions on certain implied warranties, so these exclusions may not fully apply to you.

8. Payment Terms

Certain features within the Game may require payment. All fees are payable to the platform provider from which you access the Game, such as the Quest Store or PlayStation Network. Refunds, if applicable, are governed by the platform’s policies, and the Owner is not responsible for processing refunds.

9. Promotions and Contests

Occasionally, the Owner may offer promotions, contests, or sweepstakes within the Game. Participation is subject to additional promotional terms, which will be made available at the time of the event. By participating, you agree to comply with these additional terms.

10. Service Interruption

The Owner reserves the right to interrupt the Game temporarily for maintenance or updates or to discontinue the Game permanently at any time. Users acknowledge that service interruptions may occur, and the Owner shall not be liable for any losses caused by service disruptions.

11. Service Reselling

The resale, reproduction, or duplication of any part of the Game or related services is prohibited without express permission from the Owner.

12. Assignment of Contract

The Owner reserves the right to assign or transfer its rights and obligations under these Terms to any third party without notice. Users may not transfer their rights or obligations under these Terms to any third party.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

14. No Waiver

The failure of the Owner to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver shall only be effective if in writing and signed by the Owner.

15. Ownership and Intellectual Property

Unless otherwise specified, all intellectual property rights related to the Game belong to the Owner or its licensors. Users are not permitted to use, copy, or modify the Game content except as expressly allowed in these Terms.

16. Modification of Terms

The Owner reserves the right to change or modify these Terms at any time. Notice of changes will be provided in the Game or via platform notices. Continued use of the Game following any modifications indicates acceptance of the revised Terms.

THE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Italy. Any disputes arising out of or related to these Terms shall be resolved exclusively by the courts of Genoa, Italy.

18. Entire Agreement

These Terms constitute the entire agreement between you and the Owner regarding the use of the Game, superseding any prior agreements or understandings.

19. Contact Information

If you have any questions or require further assistance regarding these Terms, you may contact:

Singular Perception S.r.l.
Via Roma, 39
Pieve Ligure (GE) 16031, Italy

Email: info@singularperception.com