Terms of Service

1. Welcome to Cyango!

1.1 Introduction

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 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 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.‍

1.2 Applicable Terms

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.

1.3 Overview

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.

2. Using the Service

a. Age Requirement

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).

b. Access to the Service

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.

c. Acceptable Use Policy

Your use of the Service, your User Content, and your Virtual Experiences, must comply with Cyango's Acceptable Use Policy.

d. Anti-discrimination

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.

e. Restrictions on Use of the Service

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.

3. Security and Data Privacy

a. Information Security

Cyango implements and maintains physical, technical and administrative security measures designed to protect your information from unauthorized access, destruction, use, modification or disclosure.

b. Data Privacy

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.

4. Content and Virtual Experiences

a. User Content

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.

b. Licensed Content

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.

c. Virtual Experiences

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.

d. Sharing and Publishing Your Virtual Experiences

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.

5. Billing

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.

a. Subscriptions and Renewals

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 cancellation will be effective at the end of your then-current subscription period unless you specify an earlier date.

6. Cyango's Intellectual Property

The Service, including its "look and feel" (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and the structure, selection, coordination, expression "look and feel" and arrangement of such content (collectively, the "Cyango Content"), is protected under copyright, trademark and other laws. All Cyango Content is the property of Cyango or its licensors. The Cyango name and logos are trademarks and service marks of Cyango (collectively, the "Cyango Trademarks"). Other product, company, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Cyango. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Cyango Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Cyango Trademarks will inure to our exclusive benefit.

7. Indemnification

You agree to defend, indemnify, and hold harmless Cyango and its 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 these Terms or your use of the Service, including, but not limited to, your User Content, any use of Cyango's Licensed Content other than as expressly authorized in these Terms, or any use of the Service's content, services, and products other than as expressly authorized in these Terms.

8. Disclaimers

THE SERVICE, INCLUDING ALL CONTENT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. CYANGO SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING OR USAGE OF TRADE. CYANGO FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICE OR ANY RELATED CONTENT. CYANGO DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING ANY SUPPORTED CONTENT, WILL BE ACCURATE OR RELIABLE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CYANGO BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF CYANGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU HAVE PAID CYANGO IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The limitations set forth in this section entitled 'Limitation of Liability' 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.

11. Term and Termination

a. Term

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.

b. Violations

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.

c. Effect of Termination

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.

d. Survival of Terms

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.

12. Miscellaneous

a. Compliance with Applicable Law

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.

b. Governing Law and Jurisdiction

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.

c. Export Restrictions

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.

d. Dispute Resolution

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.

e. Cyango Contracting Entity

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

f. Assignment

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.

g. Headings and Explanations

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.

h. Severability

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.

i. Waiver

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.

j. Notices

All required notices to you will be sent to the email address associated with your account or through other legally permissible means.

k. DMCA

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.

l. Changes to these Terms

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.

m. Changes to the Service

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.

n. Entire Agreement

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.