Service Agreement
The service agreement identifies both parties.
CatapalloVR, Inc., “Company” agrees to provide the Customer with a monthly subscription to the Company platform, which includes access to virtual reality therapy modules for autism treatment and related support services (“Services”).
An itemized list will be provided of what was purchased.
Price Summary
Price to be clearly stated on the agreement.
The customer agrees to pay the price as specified in this provision. The fee shall be charged monthly, in advance, and is non-refundable. The Customer will be automatically billed on a recurring basis unless the Customer terminates the subscription. The Company reserves the right to increase or decrease the price of the Services with 30 days’ notice to the Customer.
Period of Engagement
This engagement will provide a start and end date for the period of the agreement.
Term. The initial term of this Agreement shall be as indicated in this provision, commencing on the date of the first payment. The Agreement shall automatically renew for successive one-month periods, unless terminated by the Customer or the Company with at least 30 days’ notice.
Termination. The Customer may terminate this Agreement at any time by providing written notice to the Company at least 30 days in advance of the next billing cycle. The Company may terminate this Agreement immediately if the Customer breaches any material term or condition of this Agreement.
Client’s Responsibilities
It is understood and agreed that your responsibilities are as follows:
Intellectual Property. The Services provided by the Company are the intellectual property of the Company. The Customer shall have no ownership interest in any intellectual property of the Company.
Confidentiality. The Customer shall keep all confidential information received from the Company confidential and shall not disclose such information to any third party without the Company’s prior written consent.
Limitation of Liability
The liability of CatapalloVR to you for any claim related to professional services provided pursuant to this engagement letter in either contract, negligent misrepresentation or tort, including the partners, officers or employees of the accounting firm shall be strictly limited to the amount of any professional liability insurance CatapalloVR may have available at the time such claims are made. No claim shall be brought against CatapalloVR, negligent misrepresentation or tort more than one year after the services were completed or terminated under this engagement.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania.
Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between them.
Service Guarantee
CatapalloVR stands behind every aspect of the service we provide. If you are not satisfied for any reason, let us know within 90 days of starting a service with us and we will refund your monthly charges. Please see section VIII Dispute Resolution Policy for more information.
I. Terms and Conditions
1.1 Services
Provider agrees to provide Subscriber access to Provider’s online platform (the “Platform”) containing a library of virtual reality modules focused on developing skills for individuals with autism and related neurodiverse conditions. Provider will provide the necessary login credentials and technical support to enable Subscriber to access the Platform and its contents.
1.2 Subscription
This Agreement grants Subscriber a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform for the duration of the subscription term, subject to the terms and conditions set forth in this Agreement. The subscription shall be paid on a recurring basis for the duration of the term selected by Subscriber at the time of sign-up. Subscription fees are non-refundable and shall be paid in full by Subscriber.
1.3 Intellectual Property
All intellectual property rights in the Platform and its contents, including but not limited to patents, copyrights, trademarks, and trade secrets, are the exclusive property of Provider or its licensors. Subscriber agrees not to copy, modify, distribute, sell, or otherwise exploit the Platform or its contents, except as expressly permitted in this Agreement.
1.4 Confidentiality
Subscriber agrees to keep all information related to the Platform and its contents confidential, and not to disclose such information to any third party without the prior written consent of Provider.
1.5 Termination
Either party may terminate this Agreement upon written notice to the other party, provided that the termination shall be effective at the end of the then-current subscription term. In the event of termination by Provider due to a breach of this Agreement by Subscriber, Subscriber shall not be entitled to a refund of any subscription fees paid.
1.6 Disclaimer of Warranties
Provider makes no representations or warranties, express or implied, with respect to the Platform or its contents, including without limitation any warranties of merchantability, fitness for a particular purpose, or non-infringement. Provider does not warrant that the Platform will be error-free or uninterrupted, or that any defects will be corrected.
II. Cancellation Policy
2.1 In order to cancel your subscription with us, you must provide written notice at least 7 days prior to the end of the month. Your subscription will be active until the end of the month and you will be responsible for all fees associated with the subscription during this time. We do not provide refunds or pro-rated cancellations.
For example, if you decide to cancel your subscription on May 15th, you will be responsible for all fees associated with the subscription until the end of May. Your subscription will be active until May 31st, after which it will be terminated.
2.2 We reserve the right to cancel your subscription at any time for any reason. If we cancel your subscription, we will provide written notice and a prorated refund for any unused portion of your subscription.
III. Payment Policy
3.1 Payment for subscription access to our platform is required prior to receiving access to our modules. A valid payment method must be on file to collect recurring payments.
The following payment methods are accepted:
Credit card (Visa, Mastercard, American Express)
Debit card (with Visa or Mastercard logo)
3.2 Recurring payments will be automatically charged on a monthly basis. It is the responsibility of the subscriber to maintain a valid payment method on file at all times. If a payment is declined, the subscriber will be notified and given a 7-day grace period to update their payment information.
3.3 Failure to update payment information within the 7-day grace period may result in the suspension or termination of subscription access.
IV. Privacy Policy
4.1 At CatapalloVR, Inc., we take the privacy and security of our subscribers’ personal and financial information very seriously. We understand that privacy is an important concern for all our subscribers, and we are committed to protecting the confidentiality, integrity, and security of all personal and financial information provided to us.
4.2 Information Collected: We collect personal and financial information from our subscribers, which may include names, addresses, phone numbers, email addresses, payment information, and other information necessary for providing our services. We do not collect or store any sensitive financial information such as credit card numbers or banking information.
4.3 Use of Information: We use the information collected from our subscribers to provide the services they have requested, including processing payments and providing access to our subscription services. We may also use the information to communicate with our subscribers about their account, provide technical support, and for marketing purposes. We do not share or sell any personal or financial information to any third-party.
4.4 Security Measures: We have implemented appropriate physical, electronic, and administrative safeguards to protect against the unauthorized access, use, modification, or disclosure of personal and financial information. We use industry-standard encryption technologies to protect all data transmissions, and we restrict access to personal and financial information to only those employees who need access to perform their job functions. You are responsible for maintaining the security of your account and any associated login credentials. You may not share your login credentials with any third party or use any login credentials other than your own. If you suspect any unauthorized access to your account, you must notify us immediately.
4.5 Disclosure of Information: We may be required to disclose personal and financial information in response to a valid legal request, such as a court order or subpoena. We may also disclose information to prevent fraud or unauthorized access to our services or to investigate suspected violations of our terms of service.
4.6 Changes to Policy: We reserve the right to update or modify this Privacy Policy at any time, and we will post any updates on our website. Subscribers will be notified of any material changes to the policy via email.
V. Terms of Service Agreement
Please read the following terms of service agreement carefully before using our platform. By accessing or using our platform, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you should not use our platform.
5.1. Use of Our Platform: Our platform is intended for professional and not personal use only. You may access and use our platform only for lawful purposes and in accordance with this Agreement. You agree not to use our platform:
5.2. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. c. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. d. To impersonate or attempt to impersonate our company, a company employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). e. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our platform, or which, as determined by us, may harm us or users of our platform or expose them to liability.
5.3 Subscription Access: Our platform offers a subscription-based service, which requires users to create an account and provide a valid payment method. Subscribers must agree to pay all applicable fees associated with the subscription, including any taxes or additional charges incurred. Payment is due prior to receiving access to the subscription service.
5.4 Intellectual Property Rights: Our platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by us or our licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.5 Disclaimers: Our platform and its contents are provided “as is” and “as available” without any warranty of any kind, either express or implied. We do not warrant that our platform will be uninterrupted or error-free, nor do we make any warranty as to the accuracy, completeness, timeliness, or reliability of any content obtained through our platform.
5.6 Limitation of Liability: In no event will we or our directors, officers, employees, agents, successors, or assigns be liable for damages of any kind arising out of or in connection with your use of our platform, including, but not limited to, any direct, indirect, special, incidental, consequential, or punitive damages, even if we have been advised of the possibility of such damages.
5.7 Indemnification: You agree to defend, indemnify, and hold harmless our company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of our platform.
5.8 Termination: We may terminate or suspend your access to our platform immediately, without prior notice or any other policy of our company.
VI. Intellectual Property Policy
Our company is committed to respecting the intellectual property rights of others and protecting its own intellectual property. This policy outlines the guidelines for the use of our intellectual property by our subscribers.
6.1 Ownership of Intellectual Property: Our company owns all intellectual property rights to our platform, including the modules, website, and any other materials associated with our platform. These intellectual property rights include but are not limited to copyrights, trademarks, and patents.
6.2 Use of Intellectual Property: Our subscribers are granted a limited, non-exclusive, non-transferable, and revocable license to use our intellectual property solely for the purpose of accessing and using our platform. Our subscribers may not use our intellectual property for any other purpose without our prior written consent.
6.3 Prohibited Use of Intellectual Property: Our subscribers may not copy, modify, distribute, display, perform, create derivative works, or exploit our intellectual property without our prior written consent. Our subscribers may not use our intellectual property in a manner that infringes on the intellectual property rights of others.
6.4 Reporting Intellectual Property Infringement: If our subscribers become aware of any infringement of our intellectual property rights, they must immediately report it to us. We will investigate all reports of infringement and take appropriate action to protect our intellectual property rights.
6.5 Indemnification: Our subscribers agree to indemnify, defend, and hold our company harmless from and against any claims, damages, losses, and expenses arising out of or in connection with their use of our intellectual property.
6.6 Termination: We reserve the right to terminate the access of any subscriber who violates our intellectual property policy or any other policy of our company.
6.7 Changes to Intellectual Property Policy: We reserve the right to modify or update this intellectual property policy at any time without prior notice. Our subscribers are responsible for regularly reviewing this policy to ensure compliance with its terms.
VII. Refund Policy
7.1 We want our subscribers to be completely satisfied with our platform and services. If you are not satisfied with our services for any reason, please let us know so we can address the issue.
7.2 Refund requests can be made within the first 90 days of subscription. Refunds will be issued on a pro-rata basis, meaning that the amount of the refund will be based on the number of days remaining in your subscription.
7.3 To request a refund, please contact our customer support team at info@catapallovr.com. Refunds will be processed within 5 business days of the request.
7.4 Please note that if we determine that a subscriber has violated our terms of service or acceptable use policy, we reserve the right to deny a refund. Additionally, any refund may be subject to a 10% processing fee.
VIII. Dispute Resolution Policy
8.1 We are committed to providing our subscribers with the best possible experience with our platform. In the event that a dispute arises between a subscriber and us, we will attempt to resolve the issue through good faith negotiations and discussions.
8.2 If the parties are unable to resolve the dispute through negotiations, the parties agree to submit the dispute to mediation. The mediation will be conducted by a mutually agreed-upon mediator, and the parties will share the costs of the mediation equally.
8.3 If mediation is unsuccessful in resolving the dispute, the parties agree to submit the dispute to binding arbitration. The arbitration will be conducted in accordance with the rules of the American Arbitration Association. The arbitrator’s decision will be final and binding on both parties, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
8.4 The parties agree that any dispute arising out of or relating to this agreement will be resolved only in accordance with the procedures set forth in this Dispute Resolution Policy. The parties waive any right to trial by jury or to participate in a class action lawsuit.
8.5 This Dispute Resolution Policy will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.
IX. Acceptable Use Policy
9.1 We are committed to providing our subscribers with a safe and effective platform to access our modules and therapy programs. In order to ensure that our software is used appropriately and meets all necessary requirements, we have implemented an authorization and approval consideration process.
9.2 Before using our software in a therapeutic setting, healthcare professionals, administrators, and educators must obtain the necessary authorization and approval from their organization’s leadership and/or legal team. This includes ensuring that our software aligns with their organization’s policies and procedures, as well as meeting any regulatory requirements.
9.3 Additionally, healthcare professionals must ensure that they have the appropriate training and qualifications to use our software and deliver our therapy program. This may include attending our training sessions and certification courses, as well as obtaining any necessary licensure or credentials.
9.4 By implementing an authorization and approval consideration process, we ensure that our software is being used safely and appropriately, and that patients are receiving the highest quality of care possible. We understand the importance of compliance and regulatory requirements and are committed to working with healthcare organizations to ensure that our software meets their needs and standards.
9.5 Any unauthorized use of our software or violation of this policy may result in immediate suspension or termination of access to our platform. We reserve the right to take legal action if necessary to protect our intellectual property and the rights of our subscribers.