Effective date: April 20, 2023
Thank you for visiting the websites and associated domains of www.cyango.com (collectively, the “Sites”) and/or using Cyango’s software-as-a-service platform Cyango Cloud Studio and the products, services, and features we make available to you as part of the platform (collectively, the “Service”). Cyango is a Virtual Reality, Augmented Reality & Digital Transformation Studio that helps businesses, content creatives to innovate and reach high-impact engagement with cutting-edge technology. To learn more about how Cyango Cloud Studio works, visit our Youtube Channel. To learn more about Cyango’s brand and team visit our Company Page.
These Terms of Service (“Terms'') govern your access to and use of Cyango’s Sites and Service. We've tried to keep the Terms as straightforward as possible. If you have any comments or questions about these Terms, please email us at info[at]cyango.com and let us know.
By using the service, you agree that these terms will become a legally binding agreement between you and the Cyango contracting entity identified in these terms (“Cyango”). If you do not agree to these terms and conditions, you may not use the service or any related Cyango offerings. by entering into this agreement, each party hereby represents and warrants that it has the full right, power, and authority to enter into and perform this agreement, and this agreement is a valid and binding obligation on such party.
When you use the Service, you’ll have access to a variety of content provided by Cyango and other content providers to use in your content (“Licensed Content”). Your use of the Licensed Content is subject to the Copyright Policy. You also have the option to upload your own content (“User Content”) which you have full control and responsibility over. You can use Licensed Content, your User Content, and tools available in Cyango to create your Virtual Experiences.
The Service is made available on cyango.com, Cyango mobile apps, Cyango desktop applications, and in other forms provided or made available by Cyango. Your use of the Service is subject to these Terms and Cyango’s Acceptable Use Policy. By using the Service you acknowledge Cyango’s Privacy Policy.
You may use the Service only if you can form a binding contract with Cyango and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
If you sign up for the Service on behalf of an organization using an email address provided by your employer or another organization, (i) you represent and warrant that you are an authorized representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) “you” and “your” in these Terms will refer to both you and that entity.
Children may not access or use the Service unless their use is directly authorized by their parent, guardian or another authorized adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located).
Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for business or personal use. Cyango reserves all rights not expressly granted under these Terms. Each person must have a unique account and you are responsible for any activity conducted on your account.
Your use of the Service, your User Content, and your Virtual Experiences, must comply with Cyango’s Acceptable Use Policy.
Cyango does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence.
You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the Licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the Licensed Content.
Cyango implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure.
Cyango’s Privacy Policy describes how Cyango collects, uses, transfers, discloses and stores your personal data. By creating a Cyango account, you confirm that you have read, understood and agree to our Data Processing Addendum in full, and that the Data Processing Addendum shall be incorporated into these Terms to the extent Personal Data subject to the Applicable Data Laws (as defined in the Data Processing Addendum) is processed in your use of the Service. In the event of any conflict between these Terms and the Data Processing Addendum, the Data Processing Addendum shall prevail.
You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms. As between you and Cyango, you own all right, title and interest in and to your User Content. You grant Cyango a royalty-free and sublicensable license to display, host, copy, store and use your User Content solely to the extent necessary to provide the Service to you. To the extent you include User Content in a Design that you’ve shared with others, you grant Cyango a perpetual, royalty-free, sublicensable, license to display, host, copy, store and use your User Content to the extent necessary to continue to make that Design available.
You may use Licensed Content in connection with the Service. The use of Licensed Content is subject to additional license rights and restrictions set forth in the Copyright Policy. The applicable license rights and restrictions vary depending on the type and source of the Licensed Content. You can determine which Content License Terms apply by hovering over the item of Licensed Content and clicking on the info icon.
Your Virtual Experiences may include a combination of User Content and Licensed Content. While you retain ownership of your User Content, any use of Virtual Experiences containing Licensed Content are subject to the applicable terms of the Copyright Policy.
You may publish or share Virtual Experiences with others within the Service, via a Third Party Service, or via a link. Cyango maintains no responsibility in relation to such sharing of Virtual Experiences and Cyango’s enablement of such activity or the Service’s performance of actions to publicly share Virtual Experiences at your instruction shall not be considered a violation of any of Cyango’s obligations under these Terms.
Cyango offers a trial of the applicable days, these trial days may vary for different Users, and paid Service. Pricing may vary by location and will be based on the billing information you provide us at the time of purchase.
If you are subscribing to the “Pro” subscription, you can sign up for either a monthly or annual subscription. Your subscription will automatically renew on a monthly or annual basis as applicable. You can cancel your subscription at any time. If you cancel your subscription, you will not receive a refund or credit for any amounts that have already been billed.
Your subscription fees are inclusive of all taxes unless otherwise specified in an agreement with Cyango, within the Service or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your subscription charge.
You can stop using the Service and/or cancel your subscription at any time via your account settings. If you cancel your subscription you will not be entitled to a refund of any fees already paid and any outstanding fees will become immediately due and payable.
Cyango may offer you a free trial or pilot to allow you to try our Service. Cyango reserves the right to set eligibility requirements and the duration for free trials and pilots.
At the end of your free trial, Cyango will charge the relevant subscription fee for the next billing cycle to your nominated payment method, unless you cancel your subscription prior to the end of the free trial. If you have access to a pilot, your access to the Service will cease if you do not enter into a paid subscription prior to the end of the pilot period.
Cyango reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.
Except as expressly set out in these Terms, all intellectual property rights in and to the Service and Licensed Content remain the sole property of Cyango and its licensors. You assign to Cyango any suggestions, ideas, enhancement requests, or other feedback you provide to Cyango relating to the Service or Cyango’s products. Cyango owns all content, data, software, inventions, ideas and other technology and intellectual property that it develops in connection with the Service and its products.
The Service is provided on an “as-is” and “as-available” basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, Cyango, its licensors, and its suppliers, expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Cyango does not warrant that your use of the Service will be uninterrupted or error-free. Cyango does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the Service necessarily involves transmission of your data over networks that Cyango does not own, operate, or control, and that Cyango is not responsible for any of your data lost, altered, intercepted or stored across such networks. Cyango will not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside Cyango’s reasonable control.
You may elect to use the Service in conjunction with third-party websites, platforms or apps (“Third Party Service(s)”). Your use of a Third Party Service is subject to the terms and conditions applicable to that Third Party Service. Cyango makes no representations or warranties in relation to Third Party Services and expressly disclaims all liability arising from your use of Third Party Services.
You agree, to the extent permitted by law, to defend, indemnify and hold harmless Cyango and its affiliates, officers, directors, agents, licensors and employees from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your User Content.
In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort or by statute or otherwise) exceed the greater of (i) 100€ (one hundred euros) or (ii) the subscription fees paid by you to Cyango during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary or punitive damages, losses, or expenses (including but not limited to business interruption, lost business or lost profits) even if it has been advised of their possible existence and notwithstanding the failure of essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
Cyango is not responsible for, and assumes no liability for, the contents of User Content.
These terms do not affect consumer rights that cannot by law be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud or willful misconduct.
These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using Cyango’s free offering, when your account is deleted or terminated.
If Cyango, in its sole discretion, determines that you or your use of the Service, your User Content, or your Virtual Experiences violate these Terms, including but not limited to, Cyango’s Acceptable Use Policy, the Section entitled ‘Restrictions on Use of the Service,” or the Section entitled “Anti-discrimination,” (any of which is considered a “Violation”) Cyango may take one or more of the following actions in its sole discretion: (i) delete the prohibited User Content or Virtual Experiences; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Virtual Experiences and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Virtual Experiences to appropriate government authorities.
In the event of termination of your subscription for cause due to default by Cyango, Cyango shall refund, on a prorated basis, any prepaid fees for the Service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.Upon any expiration or termination of your Subscription, you must cease using the Service. You will lose access to your Virtual Experiences, User Content, and any other information uploaded to the Service (and we may delete all such data unless legally prohibited) after expiration or termination of Your Subscription. User Content included in any shared Design will continue to available within that Design even after the expiration of Your Subscription. Unless your account was terminated due to a Violation, you can download or export your User Content and Virtual Experiences using the functionality of the Service prior to the expiration or termination of your subscription. If your account has been terminated due to a Violation, you may not create a new account on any Cyango Service unless you receive Cyango’s written permission.
Sections titled “Term and Termination”, “Billing”, “Cyango’s Intellectual Property”, “Limitation of Liability”, “Indemnification”, and “Miscellaneous” inclusive, shall survive any expiration or termination of these Terms.
You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with your use of the Service. Cyango agrees to abide by all applicable local, state, national and foreign laws, treaties and regulations, in connection with its provision of the Service.
These Terms will be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of laws provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in Évora, Portugal, and the parties consent to exclusive jurisdiction of such courts.
The Service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the Service. These laws or regulations may prohibit Cyango from providing you the Service or require that we discontinue making it available to you without notice. By using the Service you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the Service, and (ii) you will not make available the Service to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.
All disputes arising out of or in connection with these Terms and Conditions shall be governed by and construed in accordance with the laws of Portugal. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the Portuguese Arbitration Law. The arbitration shall be conducted in Lisbon, Portugal, in the Portuguese language and in accordance with the rules of the Portuguese Arbitration Association. The award rendered by the arbitrator(s) shall be final and binding upon the parties and judgment thereon may be entered in any court having jurisdiction thereof.
The Cyango entity contracting with you under these Terms and the address to which you should send legal notices depend on where your billing address:
1. The Cyango entity entering into these Terms is Wishes and Intuition Unip. LDA
2. Legal notices should be sent to Rua Circular Norte do PITE, NERE, 7005-841 Évora, Portugal. Attn: Legal
You may not assign these Terms or any of your rights under these Terms without Cyango’s consent except to any successor by way of a merger, acquisition, or change of control. Cyango may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time with or without notice.
Headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.
If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.
Cyango’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect Cyango’s ability to enforce any provision thereafter.
All required notices to you will be sent to the email address associated with your account or through other legally permissible means.
We respect the intellectual property rights of artists and content owners. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). For more information please read our Copyright Policy.
We may modify these Terms (and any policies or agreements referenced in these Terms) at any time. We will post the most current version of these Terms on www.cyango.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affect your rights or your use of the Service. We may provide you this notice via the Service and/or by email to the email address associated with your account. By continuing to use the Service after any revised Terms become effective, you agree to be bound by the new Terms.
Cyango may add, change or remove features or functionality to the Service; modify or introduce limitations to storage or other features; or discontinue the Service altogether at any time. If you are on a paid subscription and Cyango discontinues the Service you are using during your subscription, Cyango will migrate or make available to you a substantially similar service provided by Cyango (if available) and if it’s unable to do so, Cyango will provide you a pro-rata refund of fees prepaid for the remaining period of your subscription.
These Terms and the terms and policies referenced herein constitute the entire agreement between you and Cyango with respect to the Service. These Terms supersede any prior representations, agreements, or understandings between you and Cyango, whether written or oral, with respect to the Service including previous versions of the Terms. All terms, conditions or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such purchase order. The English version of these Terms will control.
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