General Terms
1. Definitions
In these General Terms and Conditions, the following terms will have the meanings given below unless expressly stated otherwise.
Wonda or Wonda VR: The private limited liability company Wonda VR Inc. and its French subsidiary, Wonda VR SAS.
The 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 on the Wonda Platform, 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 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’s service (e.g., uptime, support response times)
Professional Services: Additional services provided by Wonda such as advice, development, or custom content creation.
2. Applicability and Acceptance
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. In case of conflicts, Wonda’s terms prevail.
3. Formation of Agreement
An Agreement is formed when Wonda accepts a Client's order or when a User creates an Account and agrees to these Terms and Conditions.
4. Duration and Termination
Unless otherwise agreed, Agreements are for an indefinite period. Either party may terminate with immediate effect if the other party becomes insolvent. Wonda may terminate for force majeure after 14 days. Termination ends the right to use Wonda immediately.
5. Force Majeure
Wonda 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.
6. Liability
Wonda’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.
7. Intellectual Property Rights
All intellectual property rights to Wonda remain with Wonda.
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.
8. Confidentiality
Clients and Users must keep Wonda’s confidential information private unless it is public knowledge or prior consent is given. Wonda will keep any client designated confidential information secure.
9. Privacy and Data Processing
Wonda processes personal data per GDPR guidelines when Client acts as the data controller, and Wonda is the processor.
Clients must ensure GDPR compliance and indemnify Wonda 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 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.
10. Applicable Law and Disputes
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’s district, unless mandatory law specifies otherwise.
11. Amendments
Wonda may amend this EULA. Continued use of Wonda implies acceptance of changes. Clients and Users should review the EULA periodically.
12. Services
Wonda provides the Services as per the Agreement. Clients receive a URL to manage their environment. Services include creating Accounts and managing access via the Wonda Platform authentication solutions. Modifications to the Wonda platform for functionality improvements or error corrections are permitted.
Wonda may improve or modify the Wonda Platform from time to time (for example, to introduce new features, improve performance, or fix bugs). Any such modifications will not materially reduce the core functionality of the Service during the term of the Agreement. In providing the Service, Wonda will use reasonable skill and care consistent with industry standards.
13. Account Management
Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their accounts.
The Client, in the case of enterprise use, is responsible for managing user access to its Hub (for example, adding/removing user accounts, assigning roles, etc.). Personal data provided during account registration (such as email and name) must be accurate, and will be processed in accordance with our Privacy Policy.
Users and Clients must notify Wonda immediately of any unauthorized use of an account or any other breach of security. They are expected to cooperate in maintaining security (e.g., by using strong passwords and updating them periodically).
Accounts created or used for purposes that violate these terms (for example, to conduct illegal activities or to copy the Service for a competitor) may be suspended or terminated by Wonda. If Wonda terminates or suspends an account due to misuse or violation of terms, Wonda will make reasonable efforts to notify the Client or User, except when prohibited by law or when the violation requires immediate action. Accounts belonging to users who leave the Client’s organization should be promptly deactivated by the Client; Wonda can assist with such deactivation upon request.
14. Rights and Obligations of Users
All Users must use the Wonda Platform in accordance with applicable laws and regulations and respect the rights of others. Users may not: (a) impersonate any person or entity or misrepresent their affiliation; (b) attempt to probe, scan, or test the vulnerability of the platform or circumvent any security measures; (c) upload or share any content that is unlawful, infringing, defamatory, or harmful (such as viruses or hate speech); or (d) engage in any activity that interferes with or disrupts the Service.
Wonda reserves the right to review and remove any content that violates these terms or applicable law. If Wonda discovers or is notified of content or behavior that breaches this Section, we may remove the content, suspend the User account, and/or require the Client to remedy the situation. Unauthorized actions by a User may lead to that User’s account being disabled and the content being removed or corrected.
The Client may be held responsible for any damages arising from its Users’ violation of the terms; Wonda may seek recovery from the Client for costs or losses incurred due to such violations (for example, legal fees or damage to Wonda’s systems).
15. Fees
The Client agrees to pay the fees specified for the chosen Plan or any additional services. Subscription fees may be billed monthly or annually as set out in the Order or Agreement. All fees are exclusive of applicable taxes (VAT, sales tax, etc.) unless stated otherwise; the Client is responsible for paying any such taxes.
Fees are typically invoiced in advance of each billing period. Payment is due within the time frame stated on the invoice (for example, 30 days net from invoice date) unless otherwise agreed. Late payments may be subject to interest or service suspension (after prior notice of delinquency).
Wonda may adjust the pricing for its Plans upon renewal or on an annual basis. In case of a price increase, Wonda will provide notice to the Client at least 30 days in advance. If the Client does not agree to the new fees, the Client may choose not to renew the subscription (or to downgrade/cancel at the end of the current term).
Continued use of the Service or renewal of the Plan after the effective date of a fee change will constitute acceptance of the new fees.
16. Third Party Products
The Wonda Platform may support or integrate with third-party products or services (for example, external content repositories, or other e-learning tools).
Any third-party products that the Client chooses to use with Wonda (even if recommended by Wonda) are not part of the Wonda Platform itself, and Wonda makes no warranties or guarantees about those third-party services.
Clients are responsible for obtaining any necessary licenses or permissions for third-party products and for complying with the third-party’s terms of use. Wonda will not be responsible for issues arising from third-party products (such as downtime or data breaches originating with a third-party tool).
Similarly, Wonda’s support obligations do not extend to troubleshooting third-party services beyond the points of integration with Wonda. If a third-party integration causes problems with the Wonda Service, Wonda may require the Client to disable that integration while the issue is addressed.
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For any questions, please contact us at sales@wondavr.com.
