GizmoVR Lite - Terms of Use

Effective Date: July 23, 2020
Last Modified: January 29, 2026

Application: GizmoVR Lite
Website: gizmolite.app

Introduction

Welcome to the GizmoVR Lite End User License Agreement (hereinafter "Agreement," "Terms of Use," or "Terms"). The provisions of this Agreement will govern Your use of the GizmoVR Lite application ("App") and any related services. Please read this Agreement carefully before using the App. By downloading, installing, or using the App, You agree to be bound by these Terms. If You do not agree to these Terms, do not download, install, or use the App. Should You have any questions or comments regarding the App or these Terms, please contact Us via help@gizmovr.com.

1. Preliminary Provisions

1.1 Party Definitions - The operative parties referred to in this Agreement are defined as follows:

1.1.1 GIZMOPLAY LTD is the developer and operator of the GizmoVR Lite application and the website gizmolite.app. Hereinafter, GIZMOPLAY LTD shall be referred to as "Company." When first-person pronouns are used in this Agreement (Us, We, Our, Ours, etc.), these provisions are referring to Company. Additionally, when the terms "the App," "Application," or "Service" are used, these terms refer to the GizmoVR Lite mobile application available on Apple App Store and Google Play Store, including any updates, upgrades, and related services. The App may contain content including but not limited to text, software, images, graphics, data, or any other information owned, operated, licensed, or controlled by the Company (collectively, "Materials").

1.1.2 You, the User - As the User of this App and/or Services, this Agreement will refer to the User as "You" or through any second-person pronouns, such as "Yours," etc. Hereinafter, the User of the App and/or Services shall be referred to in applicable second-person pronouns.

1.2 Electronic Acceptance

1.2.1 By downloading, installing, or using the App, You acknowledge that You have read, understood, and agree to be bound by this Agreement. This electronic acceptance has the same legal effect as a physical signature on a contract. If You do not agree to these Terms, You must not use the App.

1.2.2 If You continue to use the App after any modifications to this Agreement, such continued use constitutes Your acceptance of the modified Terms.

1.3 Revisions to this Agreement

1.3.1 From time to time, We may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. Any updated or edited version supersedes any prior versions immediately upon posting.

1.3.2 We agree that if We change anything in this Agreement, We will change the "Last Modified" date at the top of this Agreement. The Agreement is located at https://gizmolite.app/static/terms. You agree to periodically review this Agreement for any changes.

2. License and Access

2.1 License Grant

2.1.1 Subject to Your compliance with this Agreement, We grant You a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on devices that You own or control, solely for Your personal, non-commercial purposes.

2.1.2 This license does not allow You to use the App on any device that You do not own or control, and You may not distribute or make the App available over a network where it could be used by multiple devices at the same time.

2.2 License Restrictions

2.2.1 You agree not to:

Copy, modify, or distribute the App or any portion thereof;
Reverse engineer, decompile, or disassemble the App;
Rent, lease, lend, sell, redistribute, or sublicense the App;
Use the App for any illegal purpose or in violation of any laws;
Remove, alter, or obscure any proprietary notices on the App;
Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App.

2.3 Termination of Access

2.3.1 We may terminate or suspend Your access to the App at any time, with or without cause, with or without notice.

2.3.2 Upon termination, Your right to use the App will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

2.4 Service Availability

2.4.1 We do not guarantee that the App will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the App, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the App at any time without notice to You.

3. Subscriptions and In-App Purchases

3.1 Subscription Services

3.1.1 The App offers subscription-based services ("Subscription") that provide access to premium features. Subscription options and pricing are displayed within the App.

3.1.2 By purchasing a Subscription, You agree to pay the applicable fees as displayed at the time of purchase. Prices may vary by region and are subject to change.

3.2 Billing and Auto-Renewal

3.2.1 Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on Your selection). Your Subscription will automatically renew at the end of each billing period unless You cancel it before the renewal date.

3.2.2 Payment will be charged to Your Apple App Store or Google Play Store account at confirmation of purchase. Your account will be charged for renewal within 24 hours prior to the end of the current billing period.

3.3 Cancellation

3.3.1 You may cancel Your Subscription at any time through Your Apple App Store or Google Play Store account settings. Cancellation will take effect at the end of the current billing period, and You will retain access to premium features until then.

3.3.2 To cancel on iOS: Go to Settings > [Your Name] > Subscriptions > GizmoVR Lite > Cancel Subscription.

3.3.3 To cancel on Android: Go to Google Play Store > Menu > Subscriptions > GizmoVR Lite > Cancel Subscription.

3.4 Refunds

3.4.1 All purchases are final. Refunds are handled by Apple or Google according to their respective refund policies. We do not provide direct refunds for Subscription purchases. To request a refund, please contact Apple App Store or Google Play Store support.

3.5 Price Changes

3.5.1 We reserve the right to change Subscription prices at any time. Any price changes will apply to subsequent billing periods after the change. You will be notified of any price changes in advance in accordance with applicable law and platform requirements.

3.6 Free Trials

3.6.1 We may offer free trials of the Subscription. If You do not cancel before the end of the free trial period, You will be automatically charged for the Subscription.

4. User Content and Conduct

4.1 User Content

4.1.1 The App allows You to play video content from Your device or external sources. You are solely responsible for the content You access and play through the App.

4.1.2 You represent and warrant that You have all necessary rights to access and use any content You play through the App, and that such use does not violate any applicable laws or third-party rights.

4.2 Prohibited Uses

4.2.1 You agree not to use the App to access, store, or play any content that:

Infringes any intellectual property or other proprietary rights of any party;
Violates any applicable law or regulation;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Contains viruses, malware, or other harmful code.

5. Privacy

5.1 Your use of the App is also governed by Our Privacy Policy, which is available at https://gizmolite.app/static/privacy and is incorporated into this Agreement by reference.

6. Intellectual Property

6.1 The App 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 the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

7. Disclaimer of Warranties

READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

7.1 THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM TO THE FULLEST EXTENT ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY, OR QUIET ENJOYMENT.

7.2 WE DO NOT WARRANT THAT (i) THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE APP WILL BE CORRECTED.

7.3 ANY CONTENT OBTAINED THROUGH THE USE OF THE APP IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.

7.4 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, THEREFORE SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.

8. Limitation of Liability

8.1 UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE APP, WHETHER, WITHOUT LIMITATION, SUCH DAMAGES ARISE FROM (i) YOUR USE, MISUSE, OR INABILITY TO USE THE APP, (ii) YOUR RELIANCE ON ANY CONTENT IN THE APP, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR COMPLETE DISCONTINUANCE OF THE APP, OR (iv) THE TERMINATION OF SERVICE BY US.

8.2 OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR THE APP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8.3 SOME JURISDICTIONS DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, THEREFORE SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

8.4 YOUR SOLE AND EXCLUSIVE REMEDY IN CASE OF DISSATISFACTION WITH THE APP OR ANY OTHER GRIEVANCE SHALL BE THE TERMINATION OF YOUR USE OF THE APP.

9. Indemnification

9.1 To the extent permitted by applicable law, You agree to defend, indemnify, and hold harmless the Company, its parent, subsidiary and affiliated corporations, their officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees) arising from: (i) Your use of and access to the App; (ii) Your violation of any part of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any content You access through the App. This defense and indemnification obligation will survive these Terms and Your use of the App.

10. Third-Party Services and Links

10.1 The App may contain links to third-party websites or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

10.2 You acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods, or services.

11. App Store and Google Play Terms

11.1 Acknowledgment

11.1.1 You acknowledge that this Agreement is between You and GIZMOPLAY LTD only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). GIZMOPLAY LTD, not Apple or Google, is solely responsible for the App and its content.

11.2 Scope of License

11.2.1 The license granted to You for the App is limited to a non-transferable license to use the App on any Apple-branded or Android device that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions or Google Play Terms of Service.

11.3 Maintenance and Support

11.3.1 GIZMOPLAY LTD is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App.

11.4 Warranty

11.4.1 GIZMOPLAY LTD is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, You may notify Apple or Google, and Apple or Google may refund the purchase price for the App to You (if applicable). To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App.

11.5 Product Claims

11.5.1 GIZMOPLAY LTD, not Apple or Google, is responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

11.6 Intellectual Property Claims

11.6.1 In the event of any third-party claim that the App or Your possession and use of the App infringes that third party's intellectual property rights, GIZMOPLAY LTD, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

11.7 Third-Party Beneficiary

11.7.1 You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and that, upon Your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary thereof.

11.8 Legal Compliance

11.8.1 You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

12. Force Majeure

12.1 We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond Our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, for so long as such event continues to delay performance.

13. Governing Law and Dispute Resolution

13.1 To the maximum extent permitted by law, this Agreement as well as any claim, cause of action, or dispute that may arise between You and Us, are governed by the laws of the Republic of Cyprus without regard to any conflict of law provisions.

13.2 FOR ANY CLAIM BROUGHT BY YOU AGAINST US, YOU HEREBY AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF THE COURTS IN THE REPUBLIC OF CYPRUS. FOR ANY CLAIM BROUGHT BY US AGAINST YOU, YOU AGREE TO SUBMIT AND CONSENT TO PERSONAL JURISDICTION IN AND THE VENUE OF THE COURTS IN THE REPUBLIC OF CYPRUS AND ANYWHERE ELSE YOU CAN BE FOUND.

13.3 YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. General Provisions

14.1 Entire Agreement - This Agreement, together with the Privacy Policy, constitutes the entire agreement between You and Us concerning the App and supersedes all prior understandings or agreements, written or oral, regarding such subject matter.

14.2 Severability - If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

14.3 No Waiver - No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

14.4 Assignment - You may not assign or transfer this Agreement or Your rights hereunder, in whole or in part, by operation of law or otherwise, without Our prior written consent. We may assign this Agreement at any time without notice or consent.

14.5 Contact Information - If You have any questions about this Agreement, please contact Us at help@gizmovr.com.