MATSUKO Beta Terms of Service

1. Introduction

We are MATSUKO s.r.o., a company having its registered office at Tomášiková 17, 040 01 Košice - Sever district, Slovakia, incorporated under company ID number 35 886 498 (the “Company” or “we” or “MATSUKO”) and a software application and service for holographic communication called MATSUKO.

This MATSUKO Beta Terms of Service is a legal agreement (hereinafter "Agreement") between MATSUKO and you, either an individual or a single entity, (hereinafter "Licensee" or “User”). This Agreement covers all software, the associated media, any printed materials, data, files and information and any "online" or “mobile in-app” or electronic documentation ("MATSUKO application" or “Software”) which it accompanies, and which has been provided to Licensee without payment of any fees or costs.

By using the MATSUKO Application, you agree to be bound by the terms and conditions set forth below.

1. Beta Service

MATSUKO offers a service that enables communication with holographic communication between participants. User can access the Service through your electronic device with internet. By enrolling in the MATSUKO Application, you will have the ability to download, test, evaluate and analyze the MATSUKO application.You do not have to use MATSUKO in the beta services if you do not wish to. Please do not use the beta service if you do not agree to the Beta Terms of Service.

2. Customer data

User owns all your data at all times and decide on the level of privacy. MATSUKO treats all your data according to the principles of confidentiality and protects it – see how in our IT Security Policy. MATSUKO handles your personal data in accordance with Privacy Policy.

3. Confidentiality

Confidentiality"Confidential Information" means non-public information that a party designates as being confidential to the receiving party or, given the nature of the information or the circumstances of its disclosure, reasonably should be considered as confidential by the receiving party.

User will not disclose Software or any comments regarding Software to any third party without the prior written approval of MATSUKO. Licensee will maintain the confidentiality of Software with at least the same degree of care that you use to protect your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances.

User agrees that any breach of this Agreement by you may result in irreparable harm to MATSUKO, for which damages would be an inadequate remedy.

4. Confidentiality

User shall ensure that information provided to MATSUKO as reasonably requested by MATSUKO and relating to the provision of the services shall be accurate, complete and up to date.

User is responsible for all activity that occurs in the MATSUKO application.

User does not use the Service in contravention of these Terms, the requirements of any applicable national, state, provincial and local laws that are applicable to the Users to the subject of these Terms.

User shall not attempt to access or use the Application in a manner that may harm MATSUKO or any third party or interfere with the functionality or operation of the Application or Underlying Systems.

5. Intellectual property

User agrees that this Agreement does not transfer any right, title or interest in any intellectual property right to the other. MATSUKO owns all Intellectual Property (“IP”) Rights in the Service and everything connected to it.

User agrees that this Agreement does not transfer any right, title or interest in any intellectual property right to the other. MATSUKO owns all Intellectual Property (“IP”) Rights in the Service and everything connected to it.

6. Feedback

By using in the MATSUKO Application, user will have the ability to provide feedback, analysis, suggestions and comments to MATSUKO (including, but not limited to, bug reports and test results) (collectively, “Feedback”).

User agrees to report any flaws, errors or imperfections discovered in any software or other materials where you have been granted access will be owned by MATSUKO.

7. Disclaimer of Warranties

User expressly agrees that your participation in the MATSUKO Beta Service is at YOUR OWN RISK. MATSUKO Beta Service is available on an "as is" basis, WITHOUT WARRANTY of any kind, express or implied. MATSUKO expressly disclaims on its own behalf and on behalf of its employees, agents, attorneys, consultants, or contractors any and all warranties including, without limitation:

i) any warranty or representation whatsoever regarding the operation of the MATSUKO Beta Service, the availability, accuracy or content of any information, services, or products provided or available through or in connection with the MATSUKO Beta Service, the MATSUKO application, MATSUKO, and/or the MATSUKO website or any results obtained through the use thereof, and

(ii) the warranties or conditions of noninfringement, merchantability, and fitness for any particular purpose.

8. Limitation on Liability

In no event shall MATSUKO, its employees, agents, attorneys, consultants, or contractors be liable under this agreement for any consequential, special, lost profits, indirect or other damages, including but not limited to lost profits, loss of business, cost of cover whether based in contract, tort (including negligence), or otherwise, even if MATSUKO has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.

9. Fees and payments

There are no license fees for Licensee’s use of the Beta Service under this Agreement.

10. Assignment

Save for some limited circumstances, neither you nor MATSUKO can assign rights and/or obligations under these Terms unless the other party consents to this.

11. Survivability

The User obligations, confidentiality, intellectual property, disclaimers, limitation of liability, dispute resolution, compliance with laws won’t end when these Terms end.

12. Dispute resolution, jurisdiction and governing law

If we don’t agree about something essential, we will first try to talk about it and resolve it in a friendly way. If talking won’t cut it, either of us can take it to the Slovak courts, applying Slovak law.

13. Miscellaneous

This Agreement does not create a partnership, agency relationship, or joint venture between the MATSUKO and User.

MATSUKO Terms of Service and Privacy Policy are the entire and exclusive agreement of the parties regarding the subject of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between User and MATSUKO.

MATSUKO may modify the terms of this Agreement at any time upon notice published on the MATSUKO website. Your continued participation in the MATSUKO Beta Service after such notice shall be deemed to be continued acceptance of this Agreement, including its amendments and modifications.

All legal notices to MATSUKO should be sent to MATSUKO will send you notices to the email address you provided, unless you specify otherwise.