Terms of use of Magic Horizons GmbH (LLC) for Magic Horizons Virtual Reality

The following terms of use apply to the use of virtual reality headsets of Magic Horizons GmbH (“VR headset“). As far as the customer leaves the use of VR headset to third parties, he/she has to make sure that these third parties take notice of the following terms of use. By switching on the VR headset, the customer, the institution, the partner and/or the user accepts the following terms of use of Magic Horizons GmbH.

1) General Information

  • These terms of use apply in addition to our general terms and conditions.
  • Magic Horizons GmbH produces Virtual Reality applications for relaxation and mental regeneration. The basis for this is a study which gamelab.berlin of the Cluster of Excellence Image Knowledge Design of the Humboldt University of Berlin created for Magic Horizons.
  • Magic Horizons GmbH does not guarantee the effectiveness of the virtual reality applications.
  • In case of improper use, especially use contrary to the explicit instructions in these terms of use, our warranty may expire.

2) Safety Instructions

  • The VR headset should only be used while sitting or lying with sufficient free space around the user. Make sure that the user is not in the immediate vicinity of other people, that there are no objects in the vicinity that could be damaged or injure the user.
  • The VR headsets are designed exclusively for use in closed rooms.
  • The VR headset should not be placed near little children or pets.
  • Do not eat, drink or smoke while using the VR headset.
  • When used in facilities for people who need care and assistance (e.g. in retirement homes, day care, hospitals, practices, therapy centers, hospices, etc.): Here the care staff must be constantly present during the VR application and must constantly monitor the use of the VR headset and VR application by the persons requiring care and assistance. It is particularly important to ensure that the person requiring care and assistance only uses the VR headset while sitting or lying with sufficient free space around them. Should any complications arise, the support staff must exit the VR application immediately.

3) Health Instructions

  • Virtual reality applications can cause discomfort, nausea and disorientation.
  • Users with mental illness, disorientation, epilepsy, migraines, neck problems, dizziness or fainting and people undergoing medical or therapeutic treatment should always consult their doctor and/or therapist before using these applications.
    This is mandatory when using medical equipment including cardiac pacemakers, hearing aids and defibrillators. The VR headset and the controller(s) may contain magnets or components that emit radio waves that can affect the function of these electronic devices. Stop the use of the VR headset and/or the controller(s) if you observe a permanent interference with your medical device.
  • If you experience any discomfort, dizziness, loss of perception, impaired vision, numbness, discomfort or pain in the head, eyes or neck, disorientation, loss of balance or cramps during use, stop the use immediately.
    We recommend taking regular breaks while using the Virtual Reality applications.
    Make sure that the audio volume is moderate when using headphones. Excessive audio volume can cause hearing damage. Please also read the safety instructions of your headphone manufacturer.
  • Magic Horizons GmbH assumes no liability for any damage to health caused by the use of VR headset and accessories.

4) Hygiene Instructions

  • Especially when used by different people, all VR headset and accessories must be thoroughly cleaned and disinfected after each individual use, in particular:
    • The face pad of the VR headset (Attention: The lenses must not be cleaned with the wipes, but only with a dry microfibre cloth!)
    • The rear support on the battery pack of the VR headset
    • The straps of the VR headset
    • The controller
    • Any headphones and other accessories used
  • For cleaning, we recommend the use of special antibacterial, hypo-allergenic,  hygiene wipes with our without alcohol which are offered especially for this purpose. In addition, it is possible to disinfect the surfaces with special UVC light. Both methods can also be combined. We will be happy to provide you with further information on request. Please note the application and use instructions of the respective manufacturers of the cleaning and disinfecting agents.
  • We explicitly point out that every customer of Magic Horizons GmbH is responsible for the thorough cleaning and disinfection of the VR headset and accessories.
  • Magic Horizons GmbH does not accept any liability for damages caused by insufficient hygiene measures by the customer. The customer hereby indemnifies Magic Horizons GmbH from all claims.

5) Technical Notes, Warranty, VR Hardware Replacement

  • All instructions listed here must be followed exactly, otherwise the guarantee and warranty will become void. This applies both to Magic Horizons VR rental models and to the purchase of Magic Horizons VR systems.
  • If the VR headset with Magic Horizons VR software are used as rental models or are used free of charge for test purposes, for studies or as demo devices in facilities such as clinics, retirement homes, veterans’ facilities, in companies or similar, the technical instructions below must be followed exactly. If the VR goggles are damaged due to non-compliance with these instructions, the respective institution or the respective user is liable to the following extent:
    a) For repair and shipping costs, if the VR headset can still be repaired with reasonable effort.
    b) If the VR headset cannot be repaired with reasonable effort, the VR headsets are a total loss. The following costs must then be reimbursed by the respective institution or the respective user:

    • for an Easy Plus VR system: $700
    • for a Premium Plus VR system: $1,000
    • these prices do not include any applicable VAT
    This also applies if the VR headsets are lost or stolen during the rental or test period or are not returned on time after the rental or test period.
  • The lenses of the VR headset must not be exposed to direct sunlight or bright electric light sources, otherwise the displays may be damaged and the warranty will be void. Damage to the displays is always a total loss of the VR headset. The VR headset must be reimbursed as described above.
  • Do not store or use the VR headset near heat sources or in hot places such as a car exposed to sunlight, near an open fire, on the stove in the kitchen or similar. Heat damage is generally always a total loss of the VR headset. The VR headset must be reimbursed as described above.
  • Do not allow the VR headset to get wet or come into contact with liquids. The VR headset must never be used or stored while showering, bathing, swimming or in damp rooms. Moisture damage is generally always a total loss of the VR headset. The VR headset must be reimbursed as described above.
  • After use, the VR headset should be returned to the original carton or a suitable case and stored in a safe place.
  • The VR headset and the controllers should be used in such a way that they are secured against falling. Any damages caused by this are excluded from the warranty by Magic Horizons GmbH. Unintentional or deliberate damage caused by a fall is generally always a total loss of the VR headset. The VR headset must be reimbursed as described above.
  • Willful damage to the VR headset, the use of force, in particular but not exclusively to the casing, the displays and the controllers, is always a total loss of the VR headset. The VR headset must be reimbursed as described above.
  • The VR headset may only be used in closed buildings while sitting or lying down with sufficient free space around the user. Any other use such as standing, walking or similar or outside closed buildings or lack of sufficient space around the user will automatically void the warranty and guarantee. Damage to the VR headset caused by such improper use is generally considered a total loss of the VR headset. The VR headset must be reimbursed as described above.
  • To avoid damage to the headset or the straps, please be careful when adjusting the headset and tightening the straps.
  • Please clean the lenses only with a dry and clean microfibre cloth (Attention: the lenses are very sensitive and can easily be scratched!). Scratched lenses are excluded from the guarantee and warranty. If VR headset with scratched lenses are returned, this is generally considered a total loss. The VR headset must be reimbursed as described above.
  • Magic Horizons GmbH does not take over warranty for scratched lenses, incorrectly cleaned lenses or displays that are destroyed by sunlight.
  • We recommend to charge the VR headset in time.
  • The VR headsets are fully charged when the LED is completely green.
  • In case of operational problems of the VR headset / software, please switch off the headset and reboot again.
  • To switch off the VR headset press and hold the on/off switch on the headset for a few seconds.
  • We recommend to use additional headphones for an immersive listening experience. Always keep the volume at a moderate level to protect your hearing. Claims for damages and compensation for pain and suffering due to hearing damage caused by excessive volume are excluded. All users must be instructed by the respective staff to use the VR headset at a moderate volume. Users who operate these VR headset on their own are obliged to read these Magic Horizons GmbH terms of use carefully and to ensure a moderate volume themselves.
  • Only the supplied accessories are to be used, in particular only the supplied charger and charging cable are to be used. If chargers and charging cables other than those supplied are used, this will invalidate the guarantee and warranty. If damage is caused to the VR headset due to the use of chargers and charging cables other than those supplied, this is generally considered a total loss. The VR headset must be reimbursed as described above.
  • If the VR headset or the charger should overheat, switch off the respective device immediately and contact our support: contact@magic-horizons.com

6) Remote control of the VR headset

  • Magic Horizons GmbH offers a remote control for the VR headset with Magic Horizons VR software. This remote control app is available for Android and Apple iOS devices (for Tablets and Smartphones) and can be downloaded free of charge from the corresponding app stores.
  • Note 1: The remote control via Android or Apple iOS device works via the customer’s Wi-Fi network. In order to see a video out of the VR headset, a fast customer Wi-Fi network with a fast Internet connection is required. If the customer’s Wi-Fi network and the corresponding Internet connection are not fast enough, it is possible that the video from the VR headset is not shown and the VR headset might react to the commands of the remote control with a delay. The trouble-free function of the remote control is exclusively dependent on the customer’s Wi-Fi network and Internet. Magic Horizons GmbH has no influence on this.
  • Note 2: The “Photonengine” service from the company Exit Games is used for the technical remote control of the VR headset and the option of speaking to the users in the VR headset via a virtual microphone. Further details on data protection of the company Exit Games can be found here: https://dashboard.photonengine.com/account/gdpr
  • Note 3: Inside the Android app, by clicking on “when using this app” for the microphone function, you accept the corresponding terms of use. Inside the Apple iOS app, by clicking “OK” for the microphone function and clicking “Allow” for “Find devices in your local network and connect to them” you accept the corresponding terms of use.
  • Note 4: Operating the VR headset with the Magic Horizons VR software is of course also possible with the VR headset only in stand alone mode – without a remote control. The remote control is just a free additional feature.
  • We explicitly point out that Magic Horizons GmbH shall not be held liable in connection with the use of this remote control function.

7) Legal Information

  • The VR applications and all contents are property of Magic Horizons GmbH.
  • The use of the VR headset and the Virtual Reality applications is limited to the scope of use granted to the customer in written or text form. Further use and exploitation is explicitly prohibited and constitutes a violation of the law.
  • The customer indemnifies Magic Horizons GmbH and all companies affiliated with Magic Horizons GmbH from all claims arising from or in connection with the use of VR headset without limitation, from any liability, loss or damage (including attorney and expert fees, fees or other costs) caused by intent or gross negligence of customers or their users when using VR headset.
  • Magic Horizons GmbH, its heirs, successors, representatives, employees and authorised representatives shall have no responsibility and shall not be held liable for any special or consequential damages resulting from of the use, misuse, inability to use the VR headset or interpretation of the contents of the VR application.

 

Magic Horizons GmbH
CEO: Georg & Martin Koppehele
Lohweg 35
85375 Neufahrn, Germany
info@magic-horizons.com
www.magic-horizons.com