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Tend VR on App Lab

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Privacy and Data Collection Policy  | End User Licence Agreement

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Last updated: April 2024

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Company and Contact Information​

 

In these T&Cs, ‘we’, ‘us’ and ‘our’ refers to Tend VR Ltd, a company incorporated in England & Wales, with company number 11552335 and its registered office at Studio 307 Netil Corner, 89-115 Mare Street, London, E8 4RU, UK. Our VAT number is 337614202. You can contact us using the following information:

 

By Post: to our registered office address above

By Email: support@tend-vr.com

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Privacy and Data Collection Policy 

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Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. 

 

Generally, you provide most of the personal information we collect directly, which may include your name, email address, IP address, location data when you sign up for our Software and the information you may provide to us when you elect to provide answers to any of our available surveys when you are using our Software and the VR equipment or during any interview with our employees.

 

Our Software and VR equipment are being provided with the intention of providing an aid for Mindfulness Based Cognitive Therapy (“MBCT") and wellness/wellbeing courses and such other tools as we may determine from time to time with respect to mental wellbeing. We may provide users with the opportunity to use our Software as well as being able to track their progress throughout their use of the Software. Some examples of the data captured may include:

 

  • Usage Data - this will include various alphanumeric pieces of information about how you interact with our software, it will include things such as restarts, pauses, current streaks, sessions used etc.

  • GUID (Globally unique identifier) - this is a unique user identifier that are randomised so we don’t know which data belongs to which user - nothing here is identifiable.

  • The country where you are using the software.

  • Time - we collect various real-time snapshots to allow us to evaluate how long certain actions took, or when the app is used most often.

 

As we are requirement to have a legal basis to use your personal information, we have set these out below:

Information you give us:

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  • where you fill in a form on any of our platforms, website, request information or contact us by email or social media channels, our legal basis is that it is in our legitimate interests as a business to be able to respond to the enquiries we get;

  • where you have enquired about our services, are using our Software for its purpose and are inputting information within the Software, our legal basis for these matters is that it is in our legitimate interests, is necessary for us to fulfil a contract with you, is necessary to improve and update our Software, and report progress to the user;

  • if you have signed up to follow us via email, social media and other means and have agreed that we can send you marketing, we may use this in connection to tell you about news related to us and the Software. We do this on the legal basis that you have consented to us sending you marketing. You have the right to change your mind about this at any time and there will be unsubscribe links in all marketing emails we send you; and

  • which may constitute sensitive personal data. This is where you have provided sensitive personal data when using our Software (i.e. providing responses to any survey questions and answers and user data from using our software) where this data will be used solely for the purposes of updating you on your progress and mapping any survey responses to our mental health scoring matrices. Where we are required to obtain your explicit consent, we will make this clear within the Software and will obtain this prior to processing any sensitive personal data.

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If you have an account for the Software, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal or security purposes. You can request this by contacting us via email at: hello@tend-vr.com

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Please note that if you don’t provide the personal information we need when we ask for it, we may not be able to respond to you or enter into a contract with you (for example, we may not be able to answer any queries you have made). Where we do process your personal information on consent, you have the right to withdraw your consent at any time.

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In giving my consent:

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  • I understand that I can ask to see this data you hold about me to check its accuracy at any time via a subject access request.

  • I understand that I can ask for a copy of the personal data held about me at any time, and that this request is free of charge.

  • I understand that I can request that data that is no longer required to be held can be removed from my file and destroyed.

  • I understand that when I complete the programme or decide to withdraw from the programme, my data will be destroyed after a minimum of 6 months, maximum of 12 months.

  • I understand that Tend is the Data Controller for the data collected and that I can contact you directly if I have any questions or concerns about my data.

  • I agree to this Privacy Policy.

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I understand that if I am dissatisfied with how you use my data, I can make a complaint to the government body in charge (Information Commissioner’s Office – https://ico.org.uk/make-a-complaint)

 

We will only transfer your personal data outside of the UK or EEA where our third party service providers (as set out above) are based outside the UK or EEA, have support services located outside the UK or EEA or host personal data outside the UK and EEA. We only share personal data where we have a legal basis for doing so and do this based on appropriate adequacy decisions, implemented Standard Contractual Clauses or International Data Transfer Agreements.

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Protection of any personally identifying Usage Data or Personal Data is our highest priority. No method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

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If you require any further information regarding how we process and store your personal data, please email us at the following email (including to request data deletion): hello@tend-vr.com.

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End User Licence Agreement

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1. INTRODUCTION

1.1.   These terms and conditions (the ‘T&Cs’) govern your use of the Tend platforms (including the virtual reality technologies, applications, products, software and other materials under the ‘Tend’ brand) (‘Software') as may be made available by Tend VR Ltd (‘Tend’). We've tried to keep them as short as possible, to help you understand how you can use the Software. 

1.2.   By using the Software, you are agreeing to be bound by and become a party to these T&Cs. If you do not agree to all of the terms set out in these T&Cs, you should not use the Software

1.3.   In most cases, the Software will be pre-loaded onto all or part of our VR equipment, however we may offer the Software through various application stores including, without limitation, Meta Quest via the Meta Store and/or such other application stores as we may determine from time to time (each a ‘Store’). That means you need a Store account to use the Software, and your use of each Store is subject to the terms of use applicable to that Store (as may change from time to time).

1.4.   By using the Software, you confirm that you are either 13 years of age or older. In addition, if you are under the age of 18, you must have your parent or legal guardian's consent to use the Software and your parent or legal guardian must agree to these T&Cs and explain them to you.

1.5. Please read and follow the Health and Safety Notice at section 6 below before you use our Software. 

1.6. Tend VR Ltd. products and services are not medically licensed or should be considered medical treatments, products, advice or other medical remedies unless expressly dictated as otherwise. Nothing in this programme is intended to be a substitute for medical advice, diagnosis or treatment. Always seeks the advice of a medical professional with any questions.

 

2. SUMMARY

2.1.   These T&Cs are a legal agreement between us, please read them carefully.

2.2.   These T&Cs describe how you are allowed to use the Software.

2.3.   If you break these T&Cs, we may stop you using the Software, contact you about them or exercise other rights available to us.

2.4.   The Software is provided on an ‘as is’ and ‘as available’ basis and we make no (and hereby disclaim all) representations and warranties with respect to the Software, subject to your mandatory consumer rights, to the extent permitted by applicable law.

2.5.   These T&Cs may change from time to time. Please refer to section 11 below.

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3. WHAT YOU CAN DO

3.1.   As long as you follow these T&Cs, you can use the Software for your non-commercial, personal use as described herein. We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and licence to do so. As long as you follow the rest of these T&Cs, you can use the Software in the following ways:

3.1.1.   To use the Software. We grant you a non-exclusive, revocable, non-transferable, non-sublicensable, limited right and licence to use the Software for your personal, non-commercial use in accordance with these T&Cs. We do not grant you ownership of the Software itself.

3.1.2.   To use and access the Software to store and track your progress. For the avoidance of doubt, any data stored for the purposes of tracking your progress shall be stored in accordance with the Privacy Policy (above).

3.1.3.   To use upgrades, updates and additional Software-related content which we may make available from time to time (although we are not obliged to provide that or any updates, upgrades or support).

 

4. WHAT YOU CANNOT DO

4.1.    We use commercially reasonable endeavours to protect our Software and users, and it is important that the Software is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any action available to us with respect to any conduct that violates the terms or spirit of these T&Cs.

4.2.    The following sets out some of the things that you cannot do with any of the Software:

4.2.1.   do not share, rent, resell, or make available copies of the Software (or any ‘hacked’ versions) or otherwise use the Software commercially in any way except as expressly permitted by law (such as under ‘fair dealing or ‘fair use’ laws);

4.2.2.   do not cheat, rig, fix, circumvent rules or processes, use multiple accounts, exploit ‘loopholes’ or bugs, or use our Software in a way which is not within the spirit intended by our T&Cs or in a way which may harm the experience of other users of the Software;

4.2.3.   do not modify or adapt the Software or hack, translate, creative derivative works based on the Software, or otherwise tamper with it;

4.2.4.   do not make public or commercial use, by any means, of any of the Software without our prior written consent;

4.2.5.   do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Software;

4.2.6.   where applicable, do not share any password or security information you use to access the Software with any other person;

4.2.7.   do not delete, obscure, remove or otherwise prevent the proper display of intellectual property (including without limitation copyright and trade mark notices or other legal lines or credits) notices in our Software;

4.2.8.   do not do anything (or attempt to do anything) which might disrupt use or maintenance of the Software by us or other users, or which could threaten, harass or upset other users of the Software or our community; and

4.2.9.   do not make anything available on or through or in connection with the Software that violates the rights of third parties (including without limitation their intellectual property or privacy rights).

4.3.    We may make codes of conduct and usage rules and guidance available to you, which may provide additional rules and guidance about your use of our Software. We require that you comply with these rules so that we can properly operate our Software and to ensure that our users have a safe and fair experience. To the extent of ambiguity or conflict between a code of conduct and these T&Cs, these T&Cs prevail.

4.4.    Please make sure you read these T&Cs carefully and understand them.

4.4.1.   The Software often requires internet access to install and run, may download substantial content from the internet, and your data usage while using them may be significant. You are responsible for all data, roaming and other similar charges (or consumption of data or roaming allowances included in your mobile data or similar service package) arising from your installation and use of the Software and we recommend that you connect to a Wi-Fi network.

4.4.2.    If we are threatened with or face legal action because you break these T&Cs, we may hold you responsible and you will need to compensate and pay us back for any damage or losses we suffer as a result, including legal and other expenses.

4.4.3.    If you do not comply with these T&Cs, we have the right to suspend, terminate or otherwise take under review your right to use the Software and otherwise granted in these T&Cs.

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5. CONTENT IN OUR SOFTWARE

5.1.    The Software and its content are protected by intellectual property rights (including copyright and trade mark rights) owned by us or our licensors. You have no intellectual property or other rights in, or to, the Software or its content, and are only granted a limited licence to use (not sell) the Software in accordance with these T&Cs. All rights in the Software and its content are reserved by us and our licensors.

 

6. HEALTH AND SAFETY PRECAUTIONS

PLEASE READ THIS NOTICE BEFORE YOU USE OUR SOFTWARE (INCLUDING WITH VR EQUIPMENT)

6.1.    The Software may contain flashing/strobe lights, realistic images, and simulations.

6.2.    Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness, dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern, including when using VR equipment (including VR headsets and sensors) and viewing VR content. This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you, or anyone considering using our Software suffers or has suffered in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using the Software. If you or they are already using the Software please stop and consult a doctor.

6.3.    If you or any part of you feels tired, fatigue or discomfort whilst using the Software please stop and rest. If it continues after you stop using the Software please consult a doctor. If you have suffered or suffer from an injury, the use of the Software, particularly together with any VR equipment, can aggravate it. If relevant please consult a doctor. Failure to follow this advice may result in long term injury.

 

PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THE SOFTWARE WITH VR EQUIPMENT

6.4.    Please:

6.4.1.   only use the Software with VR equipment in a safe environment;

6.4.2.   be aware of your surroundings before using the Software with VR equipment;

6.4.3.   do not use the Software, or VR equipment, if you are sick or feel tired, have fatigue or discomfort, are under the influence of alcohol or drugs, or hung-over;

6.4.4.   do not use the Software with VR equipment while in a moving vehicle such as a car, bus, or train or while walking;

6.4.5.   please take precautions as may be advised by your doctor in the event you are pregnant; and

6.4.6.   do not use the Software with VR equipment for too long at any one time, please follow all guidance applicable to or accompanying the Software you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.

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7. OUR LIABILITY

7.1.    Nothing in these T&Cs will limit any of your rights which may not be excluded under law. This means that, notwithstanding any other terms in these T&Cs our liability to you for personal injury or death caused by our negligence is not excluded or limited, nor is our liability to you for any fraud, or fraudulent representation we make.

7.2.    Other than as mentioned above, our overall liability to you under or in connection with these T&Cs and your use of the Software, is limited to the amount you have paid to use the relevant Software, or, where no price was paid, £10.

7.3.    The Software, along with any updates, upgrades and any additional content, are provided ‘as is’. That means we don't make any promises to you about the Software other than that it will be of satisfactory quality, as described, and fit for purpose. We don't make any other promises about the Software.

7.4.   We'll use reasonable skill and care to provide the relevant Software but can't guarantee there won't be any errors, bugs or interruptions, or that our Software will not cause any problems with your device.

7.5.    If we release a version of the Software which is not yet complete, because we want to give you early access, then you'll need to bear in mind that it may have some errors, bugs or interruptions.

7.6.    Please do let us know straight away if you discover any problems with the Software, so we are aware and can decide whether it is something we need to address in a future release or update (if there is a future release or update). You can contact us to let us know about any problems with the Software at the following email address: hello@tend-vr.com.

 

8. STORE TERMS

8.1.   The ways in which you can use the Software may also be controlled by the relevant Store's terms and conditions and policies as made available to you by the Store. To the extent there is a conflict between the terms of these T&Cs and the terms of the Store from which you purchased (where applicable) or installed the Software, the Store's terms shall prevail to the extent of the conflict.

 

9. OPERATING SYSTEM AND DEVICE REQUIREMENTS

9.1.    Our Software requires a certain operating system version (or later) and a minimum amount of memory to use the Software. Please review the Software-specific minimum requirements where these are made available to you in the relevant Software description / store page information to ensure that the Software is compatible with your device.

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10. TERMINATION AND SERVICE OUTAGE

10.1.    We may temporarily discontinue any or all Software, and any and all services and content available through them at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.

10.2.    We may end your rights to use the Software at any time if you breach these T&Cs. If what you have done can be put right, we may, in our sole discretion, give you a reasonable opportunity to do so. Where you have paid for Software, content or services in connection with our Software, and your rights have been terminated in accordance with this clause because of your breach of these T&Cs, we may not refund you.

10.3.    We may terminate our agreement with you upon reasonable notice to you in certain circumstances. This may happen, without limitation, because we choose to end the availability of a particular element of the Software and/or all of the Software. If your use of the Software was free of charge, you will not be entitled to compensation in this event. If you paid for the Software, content or services in connection with the Software, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for. Where you have not had a reasonable period of opportunity to enjoy the paid-for Software, we may offer you a partial or full refund.

10.4.    Our agreement with you shall terminate automatically if you delete any account for the Software.

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11. GENERAL

11.1.   These T&Cs do not affect any legal rights you may have under the law which cannot be excluded or limited.

11.2.   We may change or update these T&Cs from time to time, but changes only affect you to the extent they can legally apply. For example, if we release an update with a new set of T&Cs, and you don't use the update, then the old set of T&Cs applies, but if you do use the updates or if you use parts of the Software that relies on our ongoing online services then the new T&Cs will apply. Please check back at our website and/or application from time to time in case of updates to the T&Cs.

11.3.   We may transfer our rights and obligations under these T&Cs to another organisation. We will endeavour to let you know if that happens by way of notice and/or update on our website and we will ensure that your rights under these T&Cs are unaffected. You may not transfer your rights or obligations under these T&Cs unless we expressly agree to it in writing.

11.4.   Except where expressly stated to the contrary in these T&Cs, these T&Cs do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs.

11.5.   Even if we delay in enforcing these T&Cs and/or our rights, we can still enforce these T&Cs and/or our rights later. If we do not insist immediately that you do anything you are required to do under these T&Cs, or if we delay in taking steps in respect of your breaking of any term of these T&Cs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

11.6.   These T&Cs are governed by English law and you can bring proceedings in respect of the relevant Software or these T&Cs in the English courts. In addition you may have the legal right to bring proceedings in your local jurisdiction. For instance if you live in Scotland you can bring legal proceedings in either the Scottish or the English courts.

11.7.   The headings and numbering in these T&Cs are for ease of reference only; they do not affect its construction or interpretation.

 

12. COMPLAINTS AND ALTERNATIVE DISPUTE RESOLUTION

12.1.   Should you have any queries or complaints, please get in touch via the contact information set out at the top of this page.

12.2.   Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to consider an alternative dispute resolution provider.  In addition, please note that if you are in Europe, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.

 

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