
These Terms and Conditions are written and shall be interpreted exclusively in the English language. Any communication, interpretation, or dispute relating to these Terms shall be conducted in English. Thank you for participating in the HOLOH experience in beta release. HOLOH is a software product provided as a service and enabling a video-conferencing solution where you can have calls in life-like 3D virtual environments (“HOLOH”) offered by ROOM 3D Communications S.A,14-16 Avenue Pasteur, L-2310 Luxembourg -currently in process of being legally renamed as HOLOH Communications S.A.-, and its affiliates (“HOLOHco”, “we”, “us”, or “our”).
These general terms and conditions, including our privacy policy expressly incorporated herein (collectively the “Terms”) govern the access to and the use of a HOLOH product beta version (collectively “HOLOH” or the “Service”) and set out the terms and conditions upon which users may use the Service. Unless you and HOLOHco have entered into a written Master Subscription Agreement (MSA), in which case such MSA will govern your access to and use of the Services and software and not these Terms. These Terms apply to all users of the Service, including, but not limited to, users who browse the site, customers, contractual partners, and/or third parties (collectively the “User” or the “Users”).
By using the Service, you agree to be bound by the following Terms, including any additional terms, conditions and policies referenced herein and/or hyperlinked thereto. To the extent that specific terms of use apply in addition to these general Terms, they and the general Terms constitute an agreement between you and HOLOHco (the “Agreement”). Capitalized terms in this Agreement will have definitions as set forth in the applicable section where they are defined.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR WEB BASED SERVICE.
BY ACCESSING, OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE REACHED THE AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE, AND THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THESE TERMS.
You may enter into this Agreement on behalf of yourself or on behalf of a legal entity. If you enter into this Agreement on behalf of a legal entity, you represent that you are a duly authorized representative with the authority to bind that legal entity to this Agreement. All references to “you” and “your” in this Agreement mean the person accepting this Agreement as an individual or the legal entity for which the representative is acting. IF YOU ARE USING THE SERVICE ON BEHALF OF OR FOR THE BENEFIT OF ANY LEGAL ENTITY, YOU REPRESENT AND WARRANT TO US THAT YOU HAVE THE RIGHT TO ENTER INTO AND AUTHORIZE THE BINDING LEGAL ENTITY OF THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.
Please note that we reserve the right, at our sole discretion, to revise, modify or change, or to remove parts or all of these Terms at any time. You can always view the current version of the Terms on this site. The date when the Terms were last updated is indicated at the end of these Terms. Any new features and tools that are added to the Service in the future will also be subject to these Terms.
Your continued use of or access to the Service following the posting of any changes of the Terms will constitute your acceptance of those changes.
HOLOH is provided as a “beta” version and made available on an “as is” or “as available” basis service without support and your use of the Service is at your own risk.
We are not obligated to provide any maintenance, technical, or other support for the Service. However, if you need any help and support, please email info@holoh.com, we will do our best to help you.
HOLOH is free to use. Users bear all risks and all costs associated with the use of the Service, including, but not limited to, fees for internet access, costs for data backup, costs for the use of their device and peripherals, and any damage to equipment, software, information or data. Use of mobile to access HOLOH applications may make use of applicable third-party mobile and/or data services and thus may use such units allocated to these services and/or result in usage or other charges in connection with such third-party services.
You understand that HOLOH is in development and that we do not make any guarantees that the Service will be made generally available and make no commitment or guarantee and shall have no obligation relating to any availability/unavailability, uptime/downtime, performance, reliability, functionality, features, or other operation/interruption of the Service, including without limitation any integration or other feature of the Service designed to interoperate with any third-party offering (“Integration”).
You acknowledge that we may without any obligation or liability to you, any other User or party, suspend, terminate, limit, discontinue, change or modify in any way (in whole or in part), downgrade, and/or update the Service (in whole or in part), including without limitation any feature, functionality, integration or component thereof or stop providing the Service to you or any other User or party for any or no reason at any time. We reserve the right, to limit use of our products or services to any person, and in any geographic area or jurisdiction on a case-by-case basis.
We reserve the right to limit the quantities of any product or service we offer. All product/service descriptions and pricings are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product and service at any time. Any offer of service or product made on this site is void where prohibited by law. We will not be liable to you or any third party for any changes, suspension or discontinuance of the Service.
System Requirements: For the use of HOLOH, a camera, a microphone and loudspeakers are required.
Use of the Services requires compatible devices, internet access (fees may be applicable) and certain software (fees may be applicable). Updates or upgrades may occasionally be required. High-speed internet access is the most recommended. You agree that system requirements, which may change occasionally, shall be your sole responsibility. Service performance may be affected and depend upon compliance with the requirements above-mentioned.
Users are required to access HOLOH’s platform using supported devices and browsers to ensure full functionality and optimal performance. HOLOH supports Windows and Mac computers. The recommended web browser is Google Chrome; however, Microsoft Edge is also supported. Users must ensure that their device includes a functioning camera and microphone, a stable internet connection, and that both the operating system and browser are kept up to date. Failure to meet these requirements may result in limited functionality or an inability to access certain features of the platform. For more details, please visit our support page (link to it available below).
By using the Service, you confirm that you are of age and have reached the age of majority in your country of residence and that you are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with this Terms. Your access may be terminated without warning if we believe that you are under the age of 18 or are otherwise ineligible.
On our Website https://www.holoh.com, you have the option to register for HOLOH. Only a limited number of Users can currently register for and get access for free to HOLOH as registered Users.
You need to have a registered account to host a meeting in HOLOH. By signing up for free, you can create meetings in rooms/venues, while users without HOLOH accounts can only join meetings to which they've been invited.
For this purpose, certain contact details must be provided. You agree that any such information shall be accurate. Multiple registrations, registration under a false name, using pseudonyms or stage names or using several email addresses is not permitted. The required information we request at the time of registration must be entered in full. Otherwise, we shall reject the registration.
After online registration and confirmation of your registration via email, you will also get via email your HOLOH beta access activation as well as a link that leads to the page where you can choose a password to get access to and use the Service as a registered beta User.
Registration does not give any entitlement to beta access activation. Nor is the time of registration relevant to access activation. HOLOH access activation is not issued on a first-come, first-served basis but is based on internal system-related criteria and other circumstances as determined by us in our sole discretion. We cannot guarantee that your HOLOH BETA access will be activated, nor the time frame this access activation would take place.
By registering for HOLOH, you agree to (a) provide only accurate, complete, and up-to-date information and only maintain one HOLOH account. b) maintain and promptly update your account information, (c) maintain the confidentiality and security of your username and password d) Bear full responsibility for the activity on your account and the security of your account credentials - this includes taking reasonable measures to protect your account and accept all risks and responsibility associated with any authorized or unauthorized access to your account. e) never use another person's account and (e) immediately notify HOLOHco, if you discover or otherwise suspect any unauthorized use of your account.
By registering for HOLOH , you acknowledge and agree that your registration, if not previously withdrawn, will remain valid for at least the duration of HOLOH. You may request that we remove your registration at any time via the registration email or info@holoh.com.
HOLOHco reserves the right to suspend or terminate user accounts at any time, in its sole discretion with or without notice and to refuse any and all current or future use of the Service due your violation of the Terms, or if we determine in our sole discretion that suspension or termination is in the best interest for a safe environment for users of the Service
YOU CAN UNSUBSCRIBE FROM HOLOH AT ANY TIME BY USING THE UNSUBSCRIBE LINK FOUND IN THE SYSTEM EMAIL.
You don’t need to be registered for HOLOH to join meetings as a Participant/Guest, whereby attendance to a meeting as a Participant is exclusively possible upon invitation via a meeting link (Link) and under these Terms.
Each meeting room is currently built for a certain maximum number of attendees and cannot be used by more persons at the same time.
Only a registered User can create a meeting Link. Every meeting will have at least one registered User as Host but attendance and access to the meeting room will not require the Host’s attendance. Registered Users may create an unlimited number of meetings but cannot hold multiple meetings in attendance at the same time.
The Link to access the meeting room may be valid for a certain period of time.
When entering a meeting the Users are asked to enter a username.
Meetings are all limited to a certain number of hours and therefore timed. Each meeting duration is limited in time, up to three hours of duration the meeting may be automatically terminated. A meeting will be terminated once its last attendant leaves the room. For the sake of clarity this means whatever data was shared over the collaboration features of that room shall disappear from that meeting room. Once everyone has left the room, the Link will expire.
Limitations specific to any service may be contained within the Service.
All the Users, registered or not registered, Hosts or Participants are entirely responsible for maintaining the confidentiality and security of their access data (e.g. meeting link, username, password) and bear full responsibility for their activity and the security of their credentials. The User access data is not transferable without prior written consent of HOLOHco.
You understand and agree that we will handle your access to and use of HOLOH, as acceptance of the Terms and grant you a personal, non-exclusive, non-transferable, limited right to access and use HOLOH under compliance with these Terms. We reserve the right to change or restrict your use of the Service at any time with or without notice to you.
You are responsible for compliance with all laws governing the monitoring or recording of conversations as the Host. A Host can choose to record entire meetings or fractions of a meeting. By using the Services, you authorize HOLOHco to store recordings. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the recorded session.
Meeting recording is a beta feature in HOLOH. Currently the meeting recording duration is limited to length of the meeting being recorded.
Recordings carry the information of the date, place and time of holding, who attended such meeting and if there was a meeting title it is also kept in the recording record.
The HOLOHco website contains information on how to close your Account.
If you fail to comply with any provision of this Agreement, HOLOHco may interrupt the Service and terminate this Agreement with immediate effect.
Upon the release of a generally available version of HOLOH, your access to and use of the Service will automatically be transferred upon notice of termination by us.
Registered and already activated beta Users shall be automatically transferred to the Public Launch version via agreement and will be bound by the respective general availability Terms. Registered Users who signed up but not yet activated, will be invited to the Public Launch version.
These Terms will not apply to a generally available version of HOLOH and products and services. We do not provide HOLOH Users with discounts or special conditions on future purchases of any HOLOH products or services. If HOLOH does not make it to general availability, after suspension or termination of your access to or use of the Service for any reason, you will not have any further right to access or use HOLOH or other HOLOH products, and your data will be deleted.
User content (“Content”) is all content or information Users make available through the use of the Service (e.g. during a meeting) and any other information made available while using the Service (e.g. content such as text, messages, comments, screenshots, pictures, photographs, voice, music, videos, streams) and other materials created and/or shared by Users via HOLOH or third-party services.
While you are using our Service, please be aware of your surroundings, and communicate safely.
You agree that your use of the Service is at your own risk, and that you will not use the Service to violate any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so. This includes but is not limited to laws or regulations related to recording, intellectual property, privacy, and obtaining all required consent, licenses, rights, authorizations, and/or permits. Further, you agree that in conjunction with your use of the Service you will not make available any unlawful, inappropriate, or commercial content and not submit inaccurate, misleading, or inappropriate content, including data submissions, or requests.
You especially agree that you will NOT use, and/or will NOT permit any User to use, the Service to:
If you become aware of any violation of these Terms in connection with use of the Service by any person, please contact us.
HOLOH is for everyone, regardless of race, gender identity, sexual orientation, ethnicity, nationality, color, immigration status, social and economic class, educational level, political belief, religion, and mental and physical ability or any other attribute that may be used to label people and/or communities. In order to make and keep HOLOH a better place to communicate for everyone, it is important that all our Users respect the rights of others and refrain from misusing the Service.
Accordingly, when using the Service you agree that you (and your invited Users) will follow the rules set forth below.
DO NOT USE THE SERVICE
We reserve the right to terminate your use of the Service for violating the prohibited uses.
We do not monitor or review chat, discussions, postings, transmissions, communications on the Service, we are under no obligation to do so, and assume no liability or responsibility arising from the contents of any such communications. We may change, edit, or remove any User material or conversations that we deem illegal, indecent, obscene, offensive, or otherwise violating our policies in any way. We will fully cooperate with any law enforcement authorities requesting or directing us to disclose the identity of anyone transmitting such materials.
If you are a legal entity or business using HOLOH or on whose behalf the Service is being used (Business User), you will hold harmless and indemnify HOLOHco and its affiliates from any claim, suit or action arising from or related to the use of the HOLOH Service or violation of these Terms, including any liability or expense arising from claims, including losses, damages, suits, judgments, litigation costs and attorneys’ fees. As Business User, you are responsible for the activities of Users who use the Service on your behalf of or as your result and you agree to ensure that any and all such Users will comply with these Terms.
Other than as expressly stated otherwise in these Terms, you acknowledge that it is your sole responsibility to determine that the Service meets your business requirements and, to the fullest extent permissible by law and without limitation, HOLOHco gives no warranties that the Service or Outputs will be fit for purpose, of satisfactory quality, uninterrupted or error free.
We reserve the right to suspend or terminate access and use at any time, as well as to remove any User Content which is abusive, illegal, disruptive, or that otherwise fails to conform to our standards, and to limit Users’ access, in full or in part, to the Service, at our sole discretion.
Breach of any of the provisions of these Terms may result in a permanent ban and/or the initiation of an investigation whereby we may request information from you (such as communication with other Users). We may suspend your access and use during any such investigation, until such information is presented and assessed.
Our HOLOH Privacy Policy explains the collection, use, transmission and disclosure of personal information provided by or collected from you by access and use of HOLOH. By agreeing to be bound by these Terms, you are also agreeing that you have read and understood the collection, use, transmission and disclosure of your personal information or data as described in our Privacy Policy.
You should review our Privacy Policy before using the Service.
HOLOH has been produced by and is the property of ROOM 3D Communications SA,14-16 Avenue Pasteur, L-2310 Luxembourg.
Unless otherwise expressly specified, all right, title, interest and ownership rights and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered) and any applications therefor and other intellectual property rights (together “Intellectual Property Rights”) in HOLOH, including but not limited to all text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content belong to us and/or our licensors. All rights are asserted and reserved, save for those granted under these Terms.
The software or Content of HOLOH may contain licensed materials, and our licensors may act to protect their interests in the event of any breach of these Terms. The use of the Service does not grant the User any rights or licenses with respect to such third-party software, components, or intellectual property, except for the limited right to use them as necessary to operate the Service in accordance with these Terms.
We grant you a non-exclusive, personal, revocable, non-transferable license to use HOLOH under these Terms on systems or devices which you own or control. Otherwise, these Terms do not grant you any right to use any branding or logos used in the Service or that otherwise belong to HOLOHco.
All third-party trade names and trademarks are the property of their respective owners, and we make no warranty or representation in relation thereto.
We do not warrant that the Service provided will be error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the site or the servers that make our services available are or will be free of viruses or other harmful components. To the maximum extent permitted by law, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not represent that the use of the Service will be secure, timely, uninterrupted or error-free, or that the Service will meet user requirements or that all errors in the Service and/or materials will be corrected. A warranty for material defects is excluded. Users have no right to claim error corrections. Users understand and agree that any material and/or data downloaded or otherwise obtained through the use of any of our service occurs at their sole risk and that they will be solely responsible for any damage to their computer system and/or loss of data that results from the download of such material and/or data.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
To the maximum extent permitted by law, in no event shall HOLOHco, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs or similar damages, whether in contract, tort (even negligence), strict liability or otherwise, arising out of your use of any our services or products, or for any other claim relating in any way to your use of the Service or any our product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or any other liability which cannot be limited or excluded under the applicable law.
You agree to indemnify, defend and hold harmless HOLOHco, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from or in any way related to your breach of these Terms or any document referenced herein, or your violation of any law or the rights of another. Any further rights, including claims for damages of HOLOHco, shall remain unaffected.
###International Use
The HOLOH Service is intended for use only from within the European Union and the European Economic Area. If you choose to access the Service from outside the European Union and the European Economic Area, you do so on your own initiative and at your own risk and you are responsible for compliance with all relevant laws and regulations.
We do not guarantee that the Service shall be appropriate and/or available for use in any particular location. Any liability on our part for the resulting disadvantages or damage due to lack of availability or discontinuance of the offer shall be excluded.
These Terms are governed by and construed according to the laws of the Grand Duchy of Luxembourg, without giving effect to any principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods is expressly and entirely excluded. The parties hereby submit to the exclusive jurisdiction of the courts of the Grand Duchy of Luxembourg in relation to any dispute arising therefrom, including both contractual and non-contractual disputes. The choice of law does not affect the validity of any mandatory consumer protection regulations of the consumer's own country.
There are no additional agreements. If individual provisions of these Terms are invalid, this shall not affect the validity of the remaining provisions.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting updates and changes on this Website. It is your responsibility to visit our site regularly to check for changes.