We are pleased that you want to use our APIs (collectively, "APIs"). Player One makes all the heyVR APIs available for free. By accessing or using our APIs, you are agreeing to the API Terms of Service below. Collectively, we refer to the terms below as the "Terms". You agree to comply with the Terms and that the Terms control your relationship with us. Player One may release new versions from time to time and may require you to use the most recent version. New versions may be incremental and consistent with older versions, but in some cases they may not be compatible with your previous implementation.
1.1 The heyVR APIs allow you to perform a number of game-management tasks. It is entirely up to you whether you want to use the heyVR APIs or not.
1.2 Your use of heyVR APIs must adhere to the heyVR API Guidelines.
1.3 Player One authorise You on a non-exclusive, worldwide, and royalty-free basis to: perform, display and use heyVR APIs in connection with (a) the operation and marketing on heyVR; (b) the marketing of devices and services that support the use of your Products and the marketing of your Products on heyVR; (d) making improvements to the heyVR APIs with textual declaration of consent granted by Player One and shared with Player One and the community.
2.1 You may not use the APIs and may not accept the Terms if you are not of legal age to form a binding contract with Player One.
2.2 If you are using the APIs on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
2.3 In order to access certain APIs you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. Any registration information you give to Player One will always be accurate and up to date and you'll inform us promptly of any updates.
3.1 You will only access (or attempt to access) an API by the means described in the documentation of that API. If Player One assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask either your identity or your API Client's identity when using the APIs or developer accounts.
3.2 Developer credentials (such as passwords, keys, and client IDs) are intended to be used by you and identify your API Client. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other API Clients from using your credentials. Developer credentials may not be embedded in open source projects.
3.3 Our communications to you and our APIs may contain Player One confidential information. Player One confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without Player One's prior written consent. Player One confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own.
4.1 The APIs are designed to help you enhance your Products ("API Client(s)"). YOU AGREE THAT PLAYER ONE MAY MONITOR USE OF THE APIS TO ENSURE QUALITY, IMPROVE PLAYER ONE PRODUCTS AND SERVICES, AND VERIFY YOUR COMPLIANCE WITH THE TERMS AND API GUIDELINES. This monitoring may include Player One accessing and using your API Client, for example to identify security issues that could affect Player One or its users. You will not interfere with this monitoring. Player One may use any technical means to overcome such interference. Player One may suspend access to the APIs by you or your API Client without notice if we reasonably believe that you are in violation of the Terms.
4.2 Player One does not acquire ownership in your API Clients, and by using our APIs, you do not acquire ownership of any rights in our APIs or the content that is accessed through our APIs. For the sole purpose of enabling Player One to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Player One privacy policies, you give Player One a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive licence to Use content submitted, posted, or displayed to or from the APIs through your API Client. "Use" means use, host, store, modify, communicate, and publish. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the licence.
5.1 Player One hereby grants to you a non transferable, non sublicensable, nonexclusive licence while the Terms are in effect to display Player One's Brand Features for the purpose of promoting or advertising that you use the APIs. You understand and agree that Player One has the sole discretion to determine whether your attribution(s) and use of Player One's Brand Features are in accordance with the above requirements and guidelines.
5.2 In the course of promoting, marketing, or demonstrating the APIs you are using and the associated Player One services, Player One may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
6.1 You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Player One with prior written notice and upon termination, cease your use of the applicable APIs. Player One reserves the right to terminate the Terms with you or discontinue the APIs or any portion or feature or your access thereto for any reason and at any time without liability or other obligation to you.
6.2 Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of the Player One Brand Features, and delete any cached or stored content.
EXCEPT AS EXPRESSLY SET OUT IN THE TERMS, NEITHER PLAYER ONE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE APIS. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT ACCESSED THROUGH THE APIS, THE SPECIFIC FUNCTIONS OF THE APIS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE APIS "AS IS".
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED FOR IN THE TERMS, TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, GUARANTEES, CONDITIONS, REPRESENTATIONS, AND UNDERTAKINGS.
WHEN PERMITTED BY LAW, PLAYER ONE, AND PLAYER ONE'S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA; FINANCIAL LOSSES; OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PLAYER ONE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE APIS (OR, IF WE CHOOSE, TO SUPPLYING YOU THE APIS AGAIN) DURING THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
IN ALL CASES, PLAYER ONE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Unless prohibited by applicable law, if you are a business, you will defend and indemnify Player One, and its affiliates, directors, officers, employees, and users, against all liabilities, damages, losses, costs, fees (including legal fees), and expenses relating to any allegation or third-party legal proceeding to the extent arising from:
8.1 We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. You should look at the Terms regularly. We'll post notice of modifications to the Terms within the documentation of each applicable API, to this website, and/or in the Player One developers dashboard and send you a notification by email.
8.2 Changes will not be retroactive. They will become effective, and will be deemed accepted by You, (a) immediately for those who become Developers after the notification is posted; or (b) for pre-existing Developers, on the date specified in the notice, which will be no sooner than 30 days after the changes are posted (except changes required by law which will be effective immediately).
8.3 If You do not agree with the modifications to the Terms, You may terminate Your use of heyVR APis, which will be Your sole and exclusive remedy. If you object to the change(s) within the allotted period, we shall be entitled to terminate the contractual relationship as of the date on which the new terms and conditions come into effect. You agree that Your continued use of heyVR APIs constitutes Your agreement to the modified terms.
9.1 Nothing in the Terms will limit either party's ability to seek injunctive relief. We are not liable for failure or delay in performance to the extent caused by circumstances beyond our reasonable control. If you do not comply with the Terms, and Player One does not take action right away, this does not mean that Player One is giving up any rights that it may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and Player One relating to its subject and supersede any prior or contemporaneous agreements on that subject.
9.2 ALL CLAIMS ARISING OUT OF OR RELATING TO THE TERMS OR THE APIS WILL BE LITIGATED EXCLUSIVELY IN GERMANY, AND YOU AND PLAYER ONE CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
valid since: May 24, 2023