Terms of Service for the use of the VRapp at Height software

I. Definitions

For the purposes of these Terms of Service, the following terms are defined:

1. Customer – an entity that, by accepting these Terms of Service and downloading VRapp at Height, enters into an agreement with Rock Master under the terms outlined in these Terms of Service.
2. Access Key – a sequence of letters, numbers or special characters that makes it possible to use of Scenarios or other Services within VRapp at Height within the limits of the number of licenses purchased and for the duration of the license period(s) purchased.
3. Terms of Service – this document setting out the terms, conditions and scope of use of VRapp at Height.
4. Rock Master – CBR Rock Master Spółka z o.o. Sp. k. with registered office at Krolewska 94/11 Street, 30-079 Cracow, Poland entered into the National Court Register – the register of entrepreneurs by the REGIONAL COURT FOR Cracow Srodmiescie in Cracow, the XI ECONOMIC DEPARTMENT OF THE NATIONAL COURT REGISTER, under KRS number: 0000690194, NIP number: 9451844489..
5. Scenario – a training variant, consisting of three elements: (1) a VR instructional video presenting an exercise or series of exercises to be performed, (2) a recommendation on the selection of equipment necessary to perform particular exercises, and (3) an exercise or series of exercises to be performed in VRapp at Height.
6. Services – the services within VRapp at Height provided electronically by Rock Master to the Customer, including:
   
   1. providing access to VRapp at Height;
   2. providing a possibility to start work at height training, including the launching of the software and accessing specific tasks within VRapp at Height on the basis of Scenarios that were prepared for this purpose;
   3. using the VRapp at Height functionalities as provided by Rock Master;
   4. providing information and notifications in relation to the use of the Services, also in the form of “push” notifications in regard to the User’s progress and other information, including information about the Scenarios, VRapp at Height functionalities, as well as products from Rock Master or its partners.
7. User – an individual who uses the Scenarios or Services within VRapp at Height. A User may be either the Customer or a person whom the Customer has authorised to use VRapp at Height.
8. VRapp at Height – an application developed by Rock Master that prepares the users for work at height and provides them with work at height training based on various Scenarios.

II. General Terms of Service

1. VRapp at Height is intended for use by all persons who would like to verify their aptitude for work at height as well as for companies in the manufacturing, telecommunication, energy, and construction industries that wish to verify or improve the skill level of their employees or contractors who perform work at height.
2. VRapp at Height and the Services within can only be used basing on and in accordance with these Terms of Service. It is necessary to accept these Terms of Service is a requirement for downloading VRapp at Height and for Rock Master to commence the Services.
3. The Customer shall make these Terms of Service available for review to each User before granting them access to VRapp at Height. Throughout the period of using VRapp at Height, both the Customer and the User shall follow the provisions of these Terms of Service.
4. The Customer assumes responsibility for all actions of Users authorised by them to use VRapp at Height or to whom they have made VRapp at Height available; this regards, in particular, the adherence of Users to these Terms of Service when using VRapp at Height. All Customer’s obligations regarding the use of VRapp at Height as described in these Terms of Service shall also apply accordingly to any User.
5. The use of VRapp at Height is only allowed for Users who are legal adults. If a User has reached the age of majority according to the law of their place of residence or domicile but is under the age of 18, they must use VRapp at Height under the supervision of and with the consent of their legal guardians. If the User is a minor or under the age of 18, they are required to review these Terms of Service with their legal guardians.
6. Rock Master recommends that the legal guardians of a minor supervise their use of VRapp at Height. Rock Master reserves the right to age-restrict access to certain Services, including, but not limited to, some specific Scenarios, and may require minors wishing to access certain Services to provide written proof of consent of their legal guardians.
7. If the Customer or User do not consent to the regulations stipulated in these Terms of Service in any way, Rock Master would like to recommend that they refrain from accepting these Terms of Service, downloading or using VRapp at Height or uninstall VRapp at Height, if already downloaded. If no such action is taken, Rock Master assumes that neither the Customer nor the User object to the content of these Terms of Service.

III. Technical and hardware requirements

1. The full functionality of VRapp at Height is available to Users working with a desktop or laptop computer that fulfils the minimum system requirements as specified by Rock Master and published on the Website, as well as with one of the virtual reality kits indicated by Rock Master as compatible. All the current hardware requirements are specified on the Rock Master website at: https://rockmaster.com.pl/en/vrapp/equipment/.
2. The performance of VRapp at Height on individual devices may not be the same. Versions of VRapp at Height on individual devices may vary. Rock Master does not guarantee that VRapp at Height will work identically on all devices, on every operating system or with every type of VR headset.
3. Rock Master can guarantee the correct function of VRapp at Height and provide technical support for Users only if VRapp at Height is downloaded from a legitimate source, i.e. directly from Rock Master or from an authorised Rock Master representative and on devices meeting the technical conditions indicated. Downloading and installing VRapp at Height from any other source constitutes a violation of these Terms of Service; in such cases, Rock Master does not assume any responsibility for the correct function of VRapp at Height, nor for any possible damage that may arise from the use of VRapp at Height downloaded from an illegal source.
4. An active internet connection is required to download and to use the functionality of VRapp at Height. The cost of data transmission required to download, install, run and use VRapp at Height shall be covered by the Customers or Users, according to the agreements concluded with their telecommunication service providers or other Internet service providers. Rock Master is not responsible for any charges incurred in connection with data transmissions required to use VRapp at Height. Rock Master recommends that Customers and Users use data usage tracking software to correctly calculate data transmission cost and avoid any excessive cost being incurred; VRapp at Height and operating systems can also offer this function.

IV. VRapp at Height functionalities and how to access them

1. VRapp at Height enables the User to access the Services provided by Rock Master, including in particular the work at height training service, delivered through virtual reality technology, within specially designed Scenarios in various modes: basic, learning, assessment, therapeutic and warning modes.
2. A Learning Mode Scenario – in this variant the training consists of three stages: a VR instructional video with a short presentation of the task at hand, a briefing explaining the selection of proper PPE for the task and the practical exercise. The User is accompanied by a virtual instructor who provides guidance through the designed exercises. The virtual instructor draws the User’s attention to any mistakes they make and calculates points obtained or lost for actions performed in the game. If the User has made a mistake, they cannot move forward unless it is corrected. A minimum number of points must be earned in order to complete the training. The number of points is shown on the final board of the scenario in question.
3. An Assessment Mode Scenario – in this variant the training consists of three stages: a VR instructional video with a short presentation of the task at hand, a briefing explaining the selection of proper PPE for the task and the practical exercise. In this type of Scenario, no information is given about the number and type of mistakes made by the User during the game; mistakes do not hinder the User from moving forward in the game. The number of errors is only shown on the final table of the scenario.
4. A Basic Mode Scenario – in this variant the training consists of three stages: a VR instructional video with a short presentation of the task at hand, a briefing explaining the selection of proper PPE for the task and the practical exercise. In this type of Scenario, no information is given about the number and type of mistakes made by the User during the game; however, if the User has made a mistake, they cannot move forward unless it is corrected. A minimum number of points must be scored in order to complete the training. The number of points is shown on the final board of the scenario in question.
5. A Therapeutic Mode Scenario – in this variant, the User is presented with a special version of the game, designed for people with a fear of heights.
6. A Warning Mode Scenario – in this variant, the User is presented with a special version of the game, designed for experienced workers who have fallen into a routine. The exercise shows falls from height following mistakes made during work, such as working without fall protection equipment or where such equipment is assembled incorrectly, e.g. a fall arrest lanyard that is too long for the given conditions or the aftermath of a swing fall. The scenario is designed to induce a simulated accident and to show the User its consequences.
7. A detailed description of each Scenario is available on the Rock Master website. Rock Master may introduce changes to the range of content offered by introducing new Scenarios, environments and modes or by withdrawing existing Scenarios, environments and modes.
8. Individual Scenarios may be tailored to a specific industry by preparing a set of exercises to be performed in a specific environment and setting.
9. The use of individual Services within VRapp at Height, including the Scenarios, may be subject to a fee; this is indicated either at the VRapp at Height download site or through communication between the Customer and Rock Master. The fee amount depends on:
   
   1. the type of Service selected by the Customer;
   2. the number of licenses requested by the Customer for the Service selected;
   3. the duration of licenses requested by the Customer for the Service selected.
10. In order to purchase Services provided through VRapp at Height, the Customer is required to provide the following details:
    
    1. first and last name
    2. email address.
11. In order to receive a tax invoice, in addition to the data indicated above, the Customer may be required to provide information on:
    
    1. the trade name of their business activity;
    2. the registered office and address;
    3. the tax identification number the Customer uses in connection with their business activities.
12. Rock Master may require the Customer to provide additional data when purchasing licenses to access the Services through VRapp at Height. For existing Users, entering additional data may be a prerequisite for continued use of the Services.
13. Once the fee has been paid and the funds have been credited to Rock Master’s bank account, the Customer will receive from Rock Master an Access Key granting them access to the selected Services. The Access Key will be shared by Rock Master via email sent to the address indicated by the Customer during the purchase.
14. If an incorrect email address has been entered during the purchase process, the Customer shall notify Rock Master about this immediately. Rock Master will generate a new Access Key for the Customer, provided that the previous Access Key has not been used before Rock Master has processed the Customer’s request.
15. The Customer assumes full responsibility for keeping the Access Key confidential and failure to ensure the same. Rock Master will not be held responsible if a third party should gain access to the Services purchased by the Customer as a result of the Customer or a User failing to appropriately protect an Access Key or disclosing/providing the Access Key to that party.
16. If a User suspects that their Access Key has been stolen, copied or taken over by a third party, they are obliged to inform Rock Master of the situation. Rock Master will then deactivate the existing and compromised Access Key and generate a new Access Key, provided that the existing Access Key has not been used.
17. Rock Master may also provide the opportunity to test VRapp at Height free of charge as a demo version (hereinafter „Demo version“). Access to the Demo version may be subject to the provision of details indicated by Rock Master on the website or in the application where the Demo version will be available for download.
18. Access to the Demo Version does not require the purchase of an Access Key.
19. Demo Version access may be granted for a limited time only and Demo Services may be of a lower quality than the full VRapp at Height Services or may contain defects or bugs. Access to the Demo Version may also be subject to the Customer or User agreeing to submit their evaluation of the Service after using the Demo Version. Rock Master shall not be held liable for any defects or imperfections found in any of the Services, including in particular the Demo Version of the Scenarios.
20. Rock Master reserves the right to withdraw or disable the Demo Version at any time.
21. All provisions of these Terms of Service relating to VRapp at Height and the Services provided through it shall apply mutatis mutandis to the Demo version.

V. Rules for using VRapp at Height

1. To use of the Services available within VRapp at Height, it is required to download the VRapp at Height and enter the Access Key received. To each Access Key a specific Service purchased by the Customer, the number of licenses for that Service and the duration for which access to the Service was purchased and granted are assigned.
2. VRapp at Height may be downloaded to any number of devices, but VRapp at Height may only be used simultaneously on maximally as many devices as the number of licenses for the Service purchased by the Customer.
3. With the Access Key, and during the time for which the license has been purchased, any number of attempts to complete a Scenario can be made. In the case of Scenarios that award the User with a pass/fail grade at the end, as soon as the User has successfully completed the Scenario by scoring the required number of points, the Scenario will register as successfully completed and the User will no longer be able to re-attempt it – the access to the Scenario will be disabled.
4. VRapp at Height may be improved and developed, in particular through the addition of new Scenarios, software updates, and the introduction of additional functionalities. As VRapp at Height is constantly under development, it might be necessary for the Customer to download a newer version of VRapp at Height to enjoy the most up-to-date functionality. Older versions of VRapp at Height may malfunction, crash and/or generate unexpected errors.
5. When using VRapp at Height, the Users shall follow these Terms of Service, the scope and manner of the software’s intended application, the applicable laws and regulations, as well as good morals, and respect the rights and property of third parties.
6. Users shall use any and all information, databases and materials made available to them through VRapp at Height for their intended purposes only.
7. It is strictly prohibited to use VRapp at Height directly or indirectly for any purpose that might be constructed as unlawful, antisocial, or immoral (including any behaviours contrary to good trade/business practices), and/or as a violation of the rights of third parties. In particular, Rock Master indicates that it is forbidden to:
   
   1. introduce any viruses into VRapp at Height or use software or systems designed to speed up or slow down or otherwise interfere with the function of VRapp at Height;
   2. attempt to block or weaken VRapp at Height’s security features, tamper with VRapp at Height’s source code, copy data or images or use VRapp at Height’s data collection methods;
   3. attempt to gain unauthorised access to VRapp at Height, its source code or databases;
   4. attempt to access and tamper with the contents of the restricted access areas of the VRapp at Height software and Rock Master servers;
   5. (directly or indirectly) use cheats, exploits, automation software, emulators, bots, hacks, mods or any other unauthorised software designed to modify VRapp at Height’s functionality or interfere with it;
   6. modify or indirectly cause changes to any files that are part of VRapp at Height;
   7. use VRapp at Height in conjunction with any software similar to it or other that has not been authorised by Rock Master;
   8. attempt activities such as reverse engineering, decompiling, disassembling, deciphering or other techniques in order to obtain the source code of VRapp at Height;
   9. intercept, extract or otherwise retrieve data, including personal data, or information processed by VRapp at Height;
   10. interfere with the normal operation of VRapp at Height or interrupt it otherwise, in ways including but not limited to: any type of result tampering, bug exploitation in Scenarios or in other Services and any other activity that intentionally abuses or is contrary to these Terms of Service or to the rules of social conduct;
   11. overload VRapp at Height or assist in any such attempt;
   12. attempt to gain unauthorised access to VRapp at Height, Access Keys, computers, servers, or networks connected to VRapp at Height;
   13. use the VRapp at Height for gambling, betting or any other similar activity where prizes can be won regardless of whether participation is conditional on the payment of any fee;
   14. engage in any other activities, including ones similar to these described above, that lead or may lead to any damages for Rock Master or that may in any way disrupt the correct functioning of VRapp at Height or interfere with the provision of the Services through it.

8. Each Customer and User shall notify Rock Master immediately of any infringement of rights in connection with the use of VRapp at Height, as well as of any violations of these Terms of Service they might have come across.
9. If a Customer is found to engage in activities violating these Terms of Service, Rock Master reserves the right to act, which may include temporarily blocking a particular Customer’s access to VRapp at Height or to particular Services. Any sanctions against a particular User are applied by Rock Master upon assessing the severity of violations and their frequency.

VI. Security measures when using VRapp at Height

1. VRapp at Height uses virtual reality technology to aid Users in safely learning the techniques of work at height. To use the full functionality of VRapp at Height, virtual reality goggles and controllers are required.
2. The User must not use VRapp at Height if their condition predisposes them to an increased risk of undesirable side effects from the use of a virtual reality kit, including in particular:
   
   1. illness;
   2. fatigue;
   3. drowsiness;
   4. nausea;
   5. feelings of anxiety or increased stress;
   6. being under the influence of alcohol, drugs, medication, or any other substances that may affect general wellbeing;
   7. general lack of wellbeing.
3. Rock Master recommends that any person with preexisting conditions such as, but not limited to, heart disease, seizures, epileptic symptoms, diseases of the nervous system, mental disorders (including: anxiety, post–traumatic stress disorder), conditions affecting the ability to safely perform physical activities, as well as persons equipped with a pacemaker or other medical device of a similar nature, pregnant, elderly and minors, should seek medical advice prior to using virtual reality goggles.
4. Should the result of the medical consult be negative and/or any contraindication to the use of virtual reality equipment is found, the User shall refrain from using VRapp at Height.
5. Should the User notice any alarming symptoms, including in particular, but not limited to: convulsions, involuntary movements, dizziness, increased heart rate, sudden shifts in blood pressure, panic attacks, anxiety attacks, impaired vision, impaired balance, nausea, headache or eye pain, symptoms similar to motion sickness, loss of consciousness, the User must immediately stop using VRapp at Height until all such symptoms have subsided.
6. Should any alarming symptoms occur repeatedly while using VRapp at Height or continue for a prolonged period of time after the use of VRapp at Height, the User should seek medical advice.
7. Should the User experience general discomfort after using VRapp at Height, the User should refrain from driving, cycling or other means of locomotion, as well as from activities requiring increased physical activity of the User, for an appropriate period of time after using VRapp at Height. Such a rest period may vary in length depending on the Users’ individual needs; however, Rock Master recommends at least 60 minutes rest after using VRapp at Height.
8. When using the virtual reality controllers, the User should grasp them firmly and steadily, securing the grip additionally with a wristband or strap attached to each of the controllers, if such wristbands or straps are provided. This is to avoid releasing the controller suddenly and dropping it, which could lead to property damage in the room where the User is training or to injury of third parties present.
9. Using virtual reality controllers can lead to muscle and joint injury. Should the User experience symptoms such as, for example, numbness, tingling, stiffness in fingers, wrists or hands while using the VRapp at Height, they should stop using VRapp at Height until any such undesired symptoms have subsided.
10. Whenever using virtual reality goggles, the User must ensure that appropriate conditions are present to safely perform the various exercises and tasks within the selected Scenario or other Service and to avoid injury and discomfort.
11. When using VRapp at Height, the User must prepare a suitable training environment, in particular:
    
    1. prepare a suitable space of at least 2.5 m x 2.5 m, in which to use the virtual reality equipment;
    2. remove any objects with which the User might collide interact while using the VRapp at Height from the activity area, in particular any objects within the reach of the User’s arms and legs that the User might hit;
    3. inform anyone sharing the same premises or room about their intended virtual reality session including the use of virtual reality goggles to reduce the risk of colliding with such persons or hitting them;
    4.  ensure that the room in which VRapp at Height is used cannot be accessed by animals that might be injured during the session.
12. In addition to the guidelines in this section of these Terms of Service, the User shall follow any guidelines and rules for the use of virtual reality equipment provided by the manufacturer of that equipment.
13. Before purchasing any particular Scenarios or other Services provided by Rock Master through VRapp at Height, Rock Master recommends that Users obtain all necessary medical certificates confirming that they are fit to use virtual reality goggles and VRapp at Height, and that any potential training space available to Users is checked to verify that appropriate conditions will be met. Rock Master shall not be obliged to refund any license fees paid for the access to VRapp at Height and any individual Scenarios or Services within it, nor shall Rock Master be obliged to generate a new Access Key in the event that health-related contraindications are identified or no suitable training space can be provided by the User after they have already purchased access to VRapp at Height, the relevant Scenario or Service, or after they have used the Access Key generated for them.

VII. Copyright

1. Unless expressly stated otherwise in these Terms of Service, VRapp at Height, its visual components, artwork, animations, designs, scenario, music track, sound effects, graphics, source code, interface, look and feel, mechanics, audio and video clips, text, layout, databases, data and all other content and all materials and information contained therein, as well as logos and trademarks, are subject to the exclusive rights of Rock Master or its business partners, in particular intellectual property rights, and are protected by applicable laws. VRapp at Height may use components of other software, including that based on open-source licenses, as well as Unreal Engine, under the license by Epic Games, Inc.
2. If this Agreement is violated by any attempts to access VRapp at Height’s source code by reverse engineering, decompiling, disassembling or otherwise, the rights to any solutions created as a result of such attempts shall be transferred in their entirety to Rock Master as soon as such solutions are created, notwithstanding any right of Rock Master’s to act legally or officially against the violation of these Terms.
3. By accepting these Terms of Service, downloading VRapp at Height and paying the applicable fee for access to VRapp at Height, in particular to selected Scenarios or other Services, a non–exclusive, non–transferrable, territorially unlimited, non–sublicensable, chargeable, revocable and limited right to access VRapp at Height to the extent selected and paid for by the Customer for their own use (hereinafter the „License“) is obtained. The Customer may use VRapp at Height for learning or training activities, whether for commercial purposes or free of charge. Neither the Customer nor the User shall be entitled to make commercial use of VRapp at Height, or the Scenarios or Services made available through it, for any other purpose.
4. The licence granted by Rock Master covers the following:
   
   1. uploading into computer memory, installation, launching, displaying, viewing, using, and storing VRapp at Height by the Customer;
   2. displaying, viewing, using VRapp at Height by Users authorised by the Customer, within the time and access limit purchased from Rock Master against a fee.

5. The right to use VRapp at Height under a single Licence shall mean the ability to use VRapp at Height on any number of devices, but at any one time simultaneously on maximally as many devices as the number of licenses for the relevant Service purchased by the Customer.
6. Any activities performed by the Customer or the Users that go beyond the scope of those covered by the Licence require Rock Master’s documented, written consent.
7. The right to use VRapp at Height is granted on a temporary basis. The Licence shall expire upon the expiry of the period for which the Access Key was purchased or when access to the purchased Scenarios or Services is revoked, in particular upon successful completion of the respective Scenarios.
8. If certain content within VRapp at Height is available in multiple languages, the Customer may only use the language version for which they have obtained a Licence.
9. If a Customer or a User, whom the Customer has granted access to VRapp at Height violates the provisions of these Terms of Service, or generally applicable laws and regulations, Rock Master shall have the right to terminate the Licence immediately, before the expiry of the period for which it has been granted. Revoking a Customer’s or User’s access to VRapp at Height, any individual Scenarios or Services shall be tantamount to terminating the Licence in general.
10. Any person may report copyright infringement in regard to Rock Master’s copyrighted content. Such notification may be made by email at: office@rockmaster.eu, by telephone at: +48 12 445 74 00, or per post to Rock Master: ul. Krolewska 94/11 Street, 30-079 Cracow, Poland.

The content of these Terms of Service is also protected by copyright. Neither the Customer, the User nor any third party are authorized to reproduce or reuse the content of these Terms of Service in any form whatsoever, and the content of these Terms of Service shall be made available solely for the purpose of giving the Customer or the User an opportunity to become acquainted with it in order to conclude a contract with Rock Master or to use a chosen Service.

VIII. Personal Data

1. For the purpose of providing Service, Rock Master will process personal data of the Customer and of persons representing the Customer or contacting Rock Master on the Customer’s behalf. The data is processed for the purpose of entering into and performing the contract, of cooperating with the persons designated by the Customer, of processing possible complaints and other claims, and for purposes connected to legal obligations Rock Master must fulfil. Detailed information about the processing of personal data is contained in the Privacy and Cookie Policy, which is an annex to these Terms of Service and posted on the Rock Master website.
2. The processing of personal data in connection with the performance of a contract concluded under these Terms of Service may also be outsourced to Rock Master, in particular when the Customer enters the personal data of third parties participating in training and using the Scenarios into VRapp at Height. In such cases, the provisions contained in this paragraph apply, where the Customer is the controller of the personal data and Rock Master acts as the processor thereof.
3. The data is entrusted to Rock Master for the purposes and to the extent set out in these Terms of Service, and Rock Master will only handle such data in ways described herein, in particular in terms of storing the data and making copies of it for security purposes. Rock Master will only process personal data in electronic form within its IT systems.
4. The Customer assumes the role of controller of the entrusted personal data and declares that any processing of such data takes place in accordance with generally applicable laws.
5. The Customer outsources the processing of the following categories of personal data to Rock Master: data of employees, associates, other persons indicated by the Customer. The categories indicated will include personal data entered by the Customer into VRapp at Height and will be limited to identification data relating to the training provided.
6. The outsourcing of data processing as described above happens at the written request of the Customer, which results from the use of the Services and the data being entered into VRapp at Height and is limited to the timeframe when the Service is used.
7. Rock Master declares that it will:
   
   1. exercise due diligence while processing the personal data entrusted to it and to process the personal data in accordance with the provisions of applicable European Union law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR)
   2. appropriately authorise all persons who will process the entrusted personal data;
   3. ensure the confidentiality of the data processed by the persons authorised by Rock Master to process personal data;
   4. safeguard the personal data in question by applying appropriate technical and organisational measures to ensure an adequate degree of security corresponding to the risks involved in the processing of the personal data;
   5. assist the Customer to the necessary extent to help them comply with the obligation to respond to requests from data subjects and other obligations imposed on the Customer;
   6. return any personal data or delete any existing copies of personal data upon termination of the processing services, unless European law or Member State law mandates that such personal data be retained;
   7. inform the Customer of any security breach in regard to the personal data entrusted to Rock Master;
   8. provide the Customer any information necessary to demonstrate compliance with the obligations relating to the outsourcing of personal data processing as required by law and allow the Customer to carry out audits in regard to the outsourcing of personal data processing, in which case, the date and form of such audits have to be agreed upon beforehand.
8. Rock Master may outsource the further processing of personal data entered by the Customer to subcontractors to whom Rock Master transfers personal data on the basis of the Customer’s general consent, which the Customer hereby gives by using the Services within VRapp at Height. Upon request, Rock Master shall provide a list of current subcontractors to the Customer.

IX. Rock Master’s liability

1. The Customer shall be liable for their own actions and the actions of the Users to the same extent.
2. Each User uses VRapp at Height voluntarily, at their own risk, and shall ensure that VRapp at Height is able to function properly to the extent that it depends on the User, including in particular the proper function of the device on which VRapp at Height is installed, the use of settings to receive current notifications from VRapp at Height, a stable connection to the Internet.
3. To the extent permitted by law, Rock Master’s liability is excluded in relation to lost profits, indirect damage, and harm. Rock Master’s liability for other damages shall be limited to the amount of the license fee paid by the Customer. The above shall not apply where the Customer is a consumer or a person acting as a consumer and the applicable laws limit the possibility to exclude or limit an entrepreneur’s liability.
4. Rock Master shall not be liable for any limitations or technical problems within the information and communication systems used by Users‘ devices that are caused by service or device providers and that prevent Users from using VRapp at Height and the Scenarios or Services offered through it or limit the experience available to them.
5. If a User’s device is lost, sold, stolen, or otherwise removed from the User’s possession and VRapp at Height was installed on the device, Rock Master shall not be liable for any potential damages resulting from this for the User, and shall not be obliged to provide the User with a new Access Key for the previously purchased access to VRapp at Height.
6. Rock Master shall not be held liable in the case of temporary, short decreases in the quality of reproduction of VRapp at Height’s content, of temporary lack of access to VRapp at Height, individual Scenarios or Services within VRapp at Height, as well as in the case of possible bugs, glitches and other unforeseen malfunctions that may affect the quality of VRapp at Height’s functioning, nor in the situation of force majeure, as well as when the above problems happen in connection to improvement, update or any other work performed by Rock Master for the purposes of improving the functionality of VRapp at Height and eliminating errors that appear in it.

X. Withdrawal from contract

1. A Customer acting as a consumer who has concluded a distance contract with Rock Master has the right to withdraw from the contract without giving any reason within 14 days from the date of conclusion of the contract.
2. The right of withdrawal from a distance contract shall not apply if Rock Master has performed the service in full with the express consent of the Customer acting as a consumer and – in regard to digital content supply contracts, where said content is not presented in a form of a tangible medium – if the performance of service started with the express consent of that person, in particular, if the User has received access to VRApp at Height and has started the training.
3. In order to exercise the right of withdrawal as described in pt 1, a statement of withdrawal from contract must be sent within 14 days of the conclusion of the contract to the following email address: office@rockmaster.eu or per post to Rock Master Krolewska 94/11 Street, 30-079 Cracow , Poland.

XI. Termination of the use of VRapp at Height

1. Customers may stop using VRapp at Height at any time by deleting it from their device.
2. If VRapp at Height is deleted from the device and the Licence has not been used in full by the Customer, the purchased Access Keys are not deleted. The Customer can redownload VRapp at Height at any time and save it to their device to use the previously purchased Access Key.
3. Rock Master reserves the right to deactivate the Access Key at the end of the calendar year after the 6^th year from the date of purchase of the Access Key has passed and the Access Key has not been used by that time.
4. If it is discovered that a Customer or User engages in any activities prohibited by law, these Terms of Service, violates the rules of social conduct or harms the legitimate interests of Rock Master, in particular the company’s reputation, Rock Master may act in any way to the extent permitted by law, and in particular restrict or prevent the use of VRapp at Height by that Customer or User.
5. Rock Master reserves the right to discontinue further updates to VRapp at Height, any Services within VRapp at Height, and stop developing new scenarios without providing any reasons. If such a decision is made, Rock Master will inform all Customers that VRapp at Height will no longer be supported via a notice posted through VRapp at Height or by email sent to the address provided by each Customer when purchasing access to VRapp at Height. The decision will be communicated to Customers no later than 60 days prior to the discontinuation of support of VRapp at Height.

XII. Complaints

1. Any complaints relating to the use of VRapp at Height, individual Scenarios or Services provided through VRapp at Height should be directed to Rock Master at the following email address: office@rockmaster.eu or per post to Rock Master: Krolewska 94/11 Street, 30-079 Cracow , Poland.
2. The complaint should include at least the following information:
   
   1. name and surname;
   2. telephone number and e–mail address;
   3. a precise description of the problem and indication of the reason for the complaint.
3. In addition, the following data may also be useful in the investigation of the complaint:
   
   1. the model and name of the device used by the Customer to access VRapp at Height software;
   2. the current version of the operating system installed on the aforementioned device;
   3. information on the virtual reality kit used by the Customer to access VRapp at Height.
4. If the data or information provided in the complaint does not allow for a full and proper investigation of the complaint, Rock Master will request the Customer to clarify any doubts or provide additional information, to the extent necessary to fully and properly investigate the complaint and will indicate precisely what these doubts are or what additional information is required.
5. Rock Master shall review the complaint and inform the Customer of the decision in regard to the complaint within 14 days from the date of receipt of the full and complete complaint.
6. Rock Master may refuse to adapt VRapp at Height for it to comply with the contract if such adaptation is impossible or would entail excessive costs for Rock Master.
7. If the Customer’s or User’s complaint is not deemed justified by Rock Master and the Customer or User does not agree with the decision, the Customer or User may use alternative dispute resolution methods, i.e. seek to resolve of the matter through mediation or by an arbitration court, including through the European online dispute resolution platform available at: http://ec.europa.eu/consumers/odr. Rock Master does not participate in alternative dispute resolution procedures for consumer disputes.

XIII.  Final provisions

1. In matters not regulated by these Terms of Service, the provisions of Polish law shall apply. The Terms of Service do not limit any mandatory consumer rights to which the Customer, being a consumer, is entitled under the laws of the country of the Customer’s permanent residence.
2. The contract concluded with the Customer on the basis of these Terms of Service shall be subject to the Polish law and the jurisdiction of appropriate Polish courts. If the Customer is entitled to exercise consumer rights, these rights may be enforced in Poland and in another country where the consumer enjoys legal protection guaranteed by that country, e.g. at the place of the consumer’s habitual residence.
3. The Terms of Service are available to peruse on Rock Master’s website: https://rockmaster.com.pl/en/ under the tab where VRapp at Height can be downloaded and in other places where VRapp at Height can be legally downloaded.
4. Rock Master reserves the right to change the contents of these Terms of Service. If such a change is introduced to these Terms of Service, Rock Master will inform the Customers, in particular by broadcasting the relevant information via VRapp at Height. The changes shall come into effect on the date indicated by Rock Master, but not less than 15 days from a notification delivered in the manner indicated above. If a Customer does not accept the changes to these Terms of Service, they are entitled to terminate the contract with Rock Master at any time. The Service ordered prior to the date on which the changes enter into force will be provided under the existing Terms of Service.
5. If any provisions of these Terms of Service are ineffective or invalid, the remaining provisions shall remain in force.
6. Privacy and cookie policy is an integral part of these Terms of Service.