In these General Terms and Conditions, the following terms will have the meanings given below unless expressly stated otherwise.

Wonda VR: The private limited liability company Wonda VR Inc. and its French subsidiary, Wonda VR SAS.

Wonda Platform: The combination of Wonda Player, Wonda Editor, and the Wonda Cloud Software Services available for anyone to create, share and discover Immersive Simulations.

Immersive Simulations or Experience: Multimedia content created using the Wonda Editor and made accessible using the Wonda Player and the Wonda Cloud Services.

Licensee or Client: The legal entity or individual with whom an Agreement has been concluded to use the Wonda Platform.

User: Individuals accessing Immersive Simulations made with the Wonda Platform with or without a registered account.

Account: Individual registration with Wonda VR, granting specific access privileges to the platform.

Client’s Hub: The online environment set up using the Wonda Platform to let Users create and publish Immersive Simulations .

Plan: A set of functionalities and service levels, either free or purchased, granting the Client a license to use the Wonda Platform during a given License Period.

Agreement: The contract between Wonda VR and the Client for performing or supplying Services and licensing the use of Wonda.

SLA: Service Level Agreement describing the quality and guarantees of Wonda.

Professional Services: Additional services provided by Wonda VR such as advice, development, or custom content creation.

This End User License Agreement (EULA) applies to both individual Users and legal entities using Wonda. By creating an Account or using the Wonda Platform, Users and Clients agree to these terms. Any Client specific purchase terms only apply if confirmed in writing by Wonda VR. In case of conflicts, Wonda VR’s terms prevail.

An Agreement is formed when Wonda VR accepts a Client's order or when a User creates an Account and agrees to these Terms and Conditions.

Unless otherwise agreed, Agreements are for an indefinite period. Either party may terminate with immediate effect if the other party becomes insolvent. Wonda VR may terminate for force majeure after 14 days. Termination ends the right to use Wonda immediately.

Wonda VR is not liable for noncompliance due to force majeure, including thirdparty failures and service interruptions. If force majeure exceeds 60 days, the Agreement may be terminated in writing.

Wonda VR’s liability for any event will be limited to compensation for direct damage, not exceeding the total amount paid by the Client in the preceding 12 months before the damage started.

Liability for indirect damages, such as lost profits or business interruption, is excluded. Claims must be reported within 24 months.

All intellectual property rights to Wonda remain with Wonda VR.

The Client receives a non exclusive, non transferable right to use the Wonda Platform as per the Agreement and during the License Period.

Any content (text, photo, video, audio) that has been imported and edited using the Wonda Platform by Users to create an original Immersive Simulations remain the property of the User and/or the Client and/or the original right holder.

Clients and Users must keep Wonda VR’s confidential information private unless it is public knowledge or prior consent is given. Wonda VR will keep any clientdesignated confidential information secure.

Wonda VR processes personal data per GDPR guidelines when Client acts as the data controller, and Wonda VR is the processor.

Clients must ensure GDPR compliance and indemnify Wonda VR against noncompliance claims.

All Users who have access to the personal data will observe confidentiality with regard to the personal data that they receive, unless they are obliged to disclose this information in accordance with a legal provision.

Wonda VR will protect personal data with appropriate technical and organizational measures. These measures will be appropriate, taking into account the state of the art and the costs involved, and will also aim to prevent unnecessary collection and further processing of personal data.

French law governs this EULA. Parties must attempt to resolve disputes amicably before resorting to court. All disputes will be settled by the court in Wonda VR’s district, unless mandatory law specifies otherwise.

Wonda VR may amend this EULA. Continued use of Wonda implies acceptance of changes. Clients and Users should review the EULA periodically.

Wonda VR provides the Services as per the Agreement. Clients receive a URL to manage their environment. Services include creating Accounts and managing access via Wonda authentication solutions. Modifications to Wonda for functionality improvements or error corrections are permitted.

Users are responsible for actions taken through their Accounts. Personal data provided during registration is confidential. Users must report unauthorized use immediately.

Accounts used for illegal or competitive purposes may be terminated without liability.

Users must use Wonda responsibly and legally, complying with applicable laws and regulations. Unauthorized actions will be corrected or removed, and damages may be recovered from the Client.

Clients pay a monthly or annual licensing fee as per the selected Plan and usage of specific features. Fees are subject to annual increases. Clients are informed of increases in advance and continued use implies acceptance. All fees exclude VAT and must be paid in advance.

Clients using third party products must arrange them separately. Wonda VR is not liable for these products and does not provide support or maintenance for them.

****