Therapy withVR

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Therapy withVR platform, including the Web App and the VR App installed on Meta Quest headsets (collectively, the "Platform"), operated by withVR BV ("withVR", "we", or "us").

By creating an account or using the Platform, you agree to be bound by these Terms. If you do not agree, do not access or use the Platform.

These Terms should be read alongside the withVR End User License Agreement (EULA) and Privacy Policy, both available at withvr.app. In the event of a conflict between these Terms and the EULA, these Terms govern on commercial and platform access matters; the EULA governs on software licensing and intellectual property matters.

1. Eligibility

To use the Platform you must:

• Be at least 18 years old, or the age of legal majority in your jurisdiction, whichever is higher
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Platform under applicable law

If you use the Platform on behalf of an organization - such as a hospital, university, school district, or private practice - you represent that you have authority to bind that organization to these Terms, and references to "you" include that organization.

Users under 18 may not create accounts or use the Platform independently. The Platform may be used in sessions involving minors only under the supervision and control of a responsible adult professional. See Section 10 for full requirements.

2. Accounts

You must provide accurate, complete, and current information when registering for an account and keep that information up to date. Pseudonyms are permitted for profile labels within the Platform, but your account registration information must be genuine.

You are responsible for maintaining the security and confidentiality of your account credentials. Do not share your credentials with others. If you believe your account has been accessed without your authorization, notify us immediately at support@withvr.app.

You are responsible for all activity that occurs under your account. withVR is not liable for losses arising from unauthorized use of your account where you have failed to take reasonable steps to protect your credentials.

withVR reserves the right to suspend or terminate accounts that contain false information, have been inactive for an extended period, or are associated with a breach of these Terms.

3. License to Use the Platform

Subject to your compliance with these Terms and the EULA, withVR grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform solely for your professional, research, or educational activities.

This license does not permit you to: resell or sublicense access to the Platform; copy, modify, or create derivative works of the Platform; reverse-engineer or attempt to extract the source code; or use the Platform for any purpose not expressly authorized by these Terms.

withVR may authorize users to present or demonstrate the Platform in professional development settings, such as workshops, conferences, or training sessions for other professionals. Such authorization, including any promotional codes or discounts offered in connection with these activities, is provided at withVR’s discretion and does not create a reseller, distributor, or agent relationship.

All rights in the Platform not expressly granted here are reserved by withVR.

4. User Content

"User content" means text, sentences, session configurations, and other materials you create or enter into the Platform.

4.1 Your ownership

You retain full ownership of your user content. withVR does not claim any ownership rights over content you create within the Platform.

4.2 License you grant withVR

By entering content into the Platform, you grant withVR a limited, non-exclusive, non-transferable license to store, process, and display that content solely for the purpose of operating and delivering the Platform to you. This license:

• Is limited strictly to what is necessary to provide the service
• Does not permit withVR to publish, sell, sublicense, transfer to third parties, or use your content for advertising, marketing, or promotional purposes
• Does not grant withVR any rights over aggregated or anonymized usage data beyond what is described in the Privacy Policy
• Terminates when you delete the relevant content or close your account, subject to applicable data retention obligations

4.3 Your responsibilities

You represent and warrant that your user content:

• Does not infringe any third-party intellectual property rights
• Does not contain Protected Health Information (PHI) - the Platform is not designed to receive PHI
• Does not contain student educational records in a manner that violates FERPA or equivalent applicable law
• Does not contain personally identifiable information about the individuals you work with, particularly in AI-powered text fields
• Is not unlawful, defamatory, obscene, or otherwise in violation of applicable law

withVR reserves the right to remove user content that violates these Terms, without prior notice where necessary.

5. Feedback

If you submit feedback, suggestions, or ideas about the Platform ("Feedback"), you grant withVR a non-exclusive, worldwide, royalty-free license to use that Feedback for any purpose, including developing and improving the Platform, without any obligation to compensate you or keep the Feedback confidential. You understand that withVR may already be working on similar ideas independently.

6. Terms of Sale

6.1 Pricing and taxes

Subscription prices are set out on withvr.app and are subject to change. Price changes will be notified at least 30 days in advance and will not affect your current billing period. Prices are exclusive of applicable taxes unless otherwise stated. You are responsible for all applicable taxes, duties, and levies associated with your purchase.

6.2 Subscriptions and renewal

Some subscriptions renew automatically at the end of each billing period unless canceled. Whether your subscription renews automatically is confirmed at the time of purchase. You may cancel at any time before the end of your current billing period by contacting hello@withvr.app. You will retain access until the end of the current paid period. No partial-period refunds are issued on cancellation, except as required by applicable law.

6.3 Subscription pause

If you need to temporarily stop using the Platform for an extended period (for example, due to parental leave, sabbatical, long-term leave, or institutional budget constraints), you may request a subscription pause by contacting hello@withvr.app. Pause requests are considered on a case-by-case basis. If approved, your subscription billing will be paused for an agreed period of up to six months. During a pause, your account and data are retained but access to the Platform is disabled. Your subscription resumes at the end of the agreed pause period.

6.4 Withdrawal right (EU and Belgian consumers)

If you are a consumer purchasing a digital service from within the EU or Belgium, you have a statutory 14-day right of withdrawal from the date of purchase under the EU Consumer Rights Directive (2011/83/EU) and Belgian implementing law.

By proceeding with your purchase and requesting immediate access to the Platform, you expressly consent to the immediate provision of the service and acknowledge that you will lose your right of withdrawal once the service has been fully performed. If you do not wish to waive this right, do not request immediate access and contact us at hello@withvr.app before proceeding.

This right does not apply to business customers purchasing on behalf of an organization.

6.5 Refunds

Refunds are governed by the withVR Refund and Return Policy, available at withvr.app. Nothing in this section affects your statutory rights under applicable consumer protection law.

7. Prohibited Conduct

You agree not to use the Platform for any of the following:

• Violating any applicable law, regulation, or third-party right
• Uploading, transmitting, or processing Protected Health Information (PHI) - the Platform is not designed to receive PHI
• Entering student educational records into the Platform in a manner that violates FERPA or equivalent applicable law
• Entering personally identifiable information about clients, patients, or students into AI-powered text fields
• Harassing, threatening, or intimidating any person
• Impersonating any person or entity, or misrepresenting your affiliation
• Attempting to gain unauthorized access to any part of the Platform or any other user's account
• Interfering with or disrupting the Platform's security, servers, or infrastructure
• Using automated tools, bots, or scripts to access or interact with the Platform
• Reselling, sublicensing, or otherwise commercially exploiting access to the Platform without withVR's prior written consent
• Using the Platform in any way that could bring withVR into disrepute or expose it to legal liability

withVR reserves the right to investigate suspected violations and to take appropriate action, including suspension or termination of your account and referral to relevant authorities where required by law.

8. AI Features

The Platform includes AI-powered features. This section sets out your rights and responsibilities when using them.

8.1 What uses AI

Optional features are off by default and must be deliberately activated by the user. Avatar voices are always AI-synthesized - the person inside VR hears a synthetic voice, not a human recording.

8.2 Data and privacy

Text entered into optional AI-powered fields is sent to OpenAI via their API. Under OpenAI's API data usage policy, API inputs are not used to train OpenAI's models by default. Text sent to Google for voice synthesis is processed via Google Cloud Text-to-Speech and is not used for model training.

No client names, session recordings, or personally identifiable information about the individuals you work with are sent to OpenAI or Google as part of normal Platform operation.

8.3 EU AI Act - Article 50 disclosure

In accordance with Article 50 of the EU AI Act (applicable from August 2, 2026), withVR discloses that: (1) avatar voices are AI-synthesized using Google Text-to-Speech; and (2) when optional OpenAI features are activated, text entered into AI-powered fields is processed by an AI system. Users are responsible for ensuring that the individuals they work with are appropriately informed of AI involvement where required by their professional or institutional obligations or by applicable law.

8.4 Your responsibilities

• AI features generate content suggestions. You decide whether to use, modify, or discard them. AI output does not replace your professional judgment.
• Review AI-generated content before presenting it to the person inside VR.
• Do not enter client names or personally identifiable information about the individuals you work with into AI-powered text fields.
• Be aware of automation bias - the tendency to trust AI output simply because it came from a machine. Your professional judgment always takes precedence.

9. Intellectual Property

All software, code, virtual environments, user interfaces, graphics, audio, text, and other content and materials comprising the Platform are owned by withVR or our licensors and are protected by Belgian and international intellectual property law.

If you believe that any content on the Platform infringes your intellectual property rights, contact us at legal@withvr.app. Please include a description of the copyrighted work, the location of the allegedly infringing material, your contact details, and a statement that you have a good faith belief that the use is not authorized.

If withVR receives a valid third-party claim that the Platform infringes their intellectual property rights, we will: notify you; have the right to control and direct the defense and settlement of such a claim; and, at our option, modify the infringing material, obtain the right to continue using it, or discontinue the relevant feature and provide a pro-rata refund of prepaid fees.

withVR may display acknowledgments within the Platform crediting individuals or institutions that have contributed to the development of platform features or virtual environments. Such acknowledgments may include an individual’s name, role, and institutional affiliation, with the individual’s prior consent. An in-platform acknowledgment of institutional affiliation does not constitute use of the institution’s logo or branding, does not imply institutional endorsement of the Platform, and does not authorize withVR to use the institution’s name in advertising or marketing materials. Individuals or institutions that do not wish to be acknowledged may request removal at any time by contacting hello@withvr.app.

10. Minor Users and Supervised Use

The Platform is not intended for independent use by individuals under 18 years of age. When used with minors, the Platform must be operated under the supervision and control of a responsible adult professional at all times.

The supervising professional is solely responsible for: creating and managing the account; configuring and running all sessions; ensuring appropriate parental or guardian consents are in place; and ensuring that no personally identifiable information about the minor is entered into the Platform.

The Platform does not sell student data, serve targeted advertising to students, or use student information for profiling or marketing. Institutions may request a Data Processing Agreement (DPA) by contacting legal@withvr.app.

11. Data Protection

withVR processes personal data in accordance with the Privacy Policy at withvr.app and applicable data protection law, including GDPR. The Privacy Policy is incorporated into these Terms by reference.

11.1 HIPAA

withVR is not a HIPAA covered entity and does not function as a business associate under HIPAA. The Platform is designed so that Protected Health Information (PHI) does not enter the system - no clinical records, diagnoses, or patient identifiers are stored. For users in US healthcare settings, the Platform falls outside the scope of your Business Associate Agreement requirements by design.

Users in US healthcare settings are responsible for ensuring that no PHI is entered into the Platform. If PHI is inadvertently submitted, contact legal@withvr.app immediately.

11.2 FERPA

FERPA obligations rest with educational institutions, not with withVR directly. The Platform is designed to support FERPA-compliant use. withVR will work with institutions to address specific FERPA requirements on request. FERPA-protected data is never sold or disclosed to third parties for any commercial purpose.

11.3 Data breach notification

In the event of a personal data breach, withVR will notify the Belgian Data Protection Authority (GBA) within 72 hours of becoming aware of the breach, and will notify affected users without undue delay where required under GDPR. For UK users, withVR will notify the ICO in accordance with UK GDPR. Notifications will include the nature of the breach, data affected, and steps taken to address it.

12. Warranties and Limitation of Liability

12.1 VR health and safety

The Platform is intended for use in connection with communication training, practice, or research. The VR App involves a head-mounted display and a virtual reality environment. Users and supervising professionals should be aware of the following:

• If the person using the VR App is known to have photosensitive epilepsy or a history of seizures, the VR App should not be used.
• Discontinue use if the person experiences pain, fatigue, discomfort, nausea, dizziness, or shortness of breath.
• Start slowly and at the level that is appropriate for the individual. Take breaks periodically.
• The VR App should not be used under the influence of drugs or alcohol.
• withVR does not assume responsibility for the supervision, preparation, or conduct of VR sessions. Suitability of the VR experience for any individual is a clinical decision for the supervising professional.

12.2 Platform availability

Therapy withVR is hosted on Google Cloud Platform (Firebase) infrastructure located in Frankfurt, Germany (EU). Google Cloud provides a 99.95% uptime Service Level Agreement for the underlying infrastructure services used by the Platform. Details of Google’s SLA are available at https://firebase.google.com/terms/service-level-agreement.

withVR BV does not offer a separate uptime guarantee. withVR BV uses commercially reasonable efforts to ensure the Platform remains available and performs reliably, and to maintain the application to take full advantage of the availability provided by the underlying infrastructure.

Scheduled maintenance will be communicated to users in advance where possible. In the event of unplanned downtime, withVR BV will work to restore service as quickly as possible and will communicate updates through email or the withVR website.

withVR BV is not liable for downtime caused by factors outside its reasonable control, including but not limited to: outages of Google Cloud Platform or Firebase services, internet connectivity issues, force majeure events, or scheduled maintenance.

12.3 Disclaimer of warranties

To the maximum extent permitted by applicable law, the Platform is provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. withVR does not warrant that the Platform will be error-free, uninterrupted, or meet your specific professional requirements.

12.4 Limitation of liability

To the maximum extent permitted by applicable law, withVR's total liability to you for all claims arising out of or in connection with these Terms - whether in contract, tort, or otherwise - shall not exceed the total subscription fees paid by you in the 12-month period immediately preceding the event giving rise to the claim.

In no event shall withVR be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, loss of data, or business interruption, even if withVR has been advised of the possibility of such damages.

12.5 Exceptions

The limitations in this section do not apply to:

• Liability for death or personal injury caused by withVR’s negligence
• Liability for fraud or fraudulent misrepresentation
• Liability for personal data breaches caused by withVR's negligence, to the extent such liability cannot be limited under GDPR
• Any other liability that cannot be excluded or limited under Belgian mandatory law or applicable consumer protection law

13. Indemnification

You agree to defend, indemnify, and hold harmless withVR and its affiliates from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms or the EULA
• Your violation of any applicable law or third-party right in your use of the Platform
• Any claim arising from your user content
• Your submission of PHI or other data that should not have entered the Platform

This indemnification obligation does not apply to claims arising from withVR’s own negligence or willful misconduct.

withVR will in turn indemnify you against third-party claims that the Platform itself infringes their intellectual property rights, subject to: prompt written notice of the claim; withVR having control and direction of the defense and settlement; and your reasonable cooperation. withVR may at its option modify the infringing material, obtain the right to continue using it, or discontinue the relevant feature with a pro-rata refund.

14. Suspension and Termination

14.1 Suspension or termination by withVR

withVR will only suspend or terminate your access to the Platform if:

• You materially or repeatedly breach these Terms or the EULA
• withVR is required to do so by law or by a valid court order
• Your conduct creates material legal risk or liability that cannot reasonably be avoided without suspension

Where reasonably possible, withVR will notify you before suspension or termination and give you an opportunity to remedy the breach. Fees already paid for the suspended or terminated period will not be refunded, except as required by applicable law.

14.2 Platform discontinuation

If withVR decides to discontinue the Platform entirely, we will provide at least 90 days’ advance notice by email. During that period, you may request a full data export by contacting hello@withvr.app.

14.3 Termination by you

You may stop using the Platform and cancel your subscription at any time in accordance with Section 6.2. To close your account, contact hello@withvr.app.

15. Modifying These Terms

withVR may update these Terms from time to time. If we make material changes, we will provide at least 30 days' advance notice by email and/or in-Platform notification before the changes take effect.

Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Platform and cancel your subscription before the effective date.

The version number and effective date at the top of this document identify the version in force. Previous versions are available on request.

16. Governing Law and Jurisdiction

These Terms are governed by Belgian law. This constitutes an express choice of law under Article 3 of EU Regulation 593/2008 (Rome I). The 1980 United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent Courts of the city of Ghent, Belgium.

Nothing in this section limits the mandatory rights of consumers under the law of their country of habitual residence, including protections under EU Regulation 593/2008 (Rome I) and EU Regulation 1215/2012. Consumers in the EU retain the right to bring proceedings in the courts of their place of habitual residence. For EU consumers, the European Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr in compliance with EU Regulation 524/2013.

17. Miscellaneous

withVR BV | Jozef Hebbelynckstraat 21, Merelbeke 9820, Belgium | legal@withvr.app | withvr.app