Moth+Flame offers a cloud-based and locally-installed software platform for immersive learning called Promise, Promise Learning, or Promise Immersive Learning (“Services”). Our products are accessible through the web and through a number of device types (e.g., desktop, laptop, tablets, smartphones, and VR/AR/XR devices).
This agreement, the Moth+Flame Terms of Service (“Terms”), outlines the terms regarding your use of our products and services. These Terms are a legally binding contract between you and Moth+Flame. (“Moth+Flame”, “we” or “us”) so please read carefully. If you do not agree with these Terms, you may not register or use any of the Services.
1 - Using our Services
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access other than as expressly set out in these Terms. Other than User Content (addressed below), you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
1.1 - Fair Usage
Our Fair Use Policy has been created to prevent improper use of Moth+Flame (Promise) software, so we can offer all our customers an excellent user experience. The Fair Use Policy for our SaaS solution includes user access, data processing, storage, sharing, and API traffic. Each Moth+Flame (Promise) license is to be used by one person only, and reasonable amounts of data creation for a single person, and is not to be shared with any other user. We determine the scope of Fair Use we take into account your license against the typical usage across the universe of accounts. When we detect out of the ordinary levels of usage in your Moth+Flame (Promise) account, we’ll contact you to discuss the situation and potential alternatives. If usage does not come into compliance with our policy, we reserve the right to limit your account or terminate your license and access to the system.
1.2 - Eligibility
By agreeing to these Terms, you represent and warrant to us that:
(a) your registration and your use of the Service is in compliance with all applicable laws and regulations;
(b) you have not previously been suspended or removed from the Service.
1.3 - User Responsibility
You are solely responsible for ensuring that you comply with all applicable legal requirements for the operation of training devices.
2 - Your Promise Account
You may need a Moth+Flame (Promise) Account in order to use some of our Services. Your Moth+Flame (Promise) Account can be assigned to you by an administrator, such as your employer, a co-worker, or a Moth+Flame employee. An account is defined as one named user individual (“User”) that can use the Service at a time. Multiple Users may not use the same User account via sharing login details or utilizing a team-based email address, and only one human being can be associated with a particular User account. If you are using a Moth+Flame (Promise) Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
To protect your Moth+Flame (Promise) Account, keep your password confidential. You are responsible for the activity that happens on or through your Moth+Flame (Promise) Account. Try not to reuse your Moth+Flame (Promise) Account password on third-party applications.
3 - Ownership; Proprietary Rights
The Service is owned and operated by Moth+Flame. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Moth+Flame are protected by intellectual property and other laws. Except as expressly authorized by Moth+Flame, you may not make use of the Materials. In addition, we will own any and all right, title, and interest in, and to any feedback, suggestions, information, or materials you convey to us related to the Service in connection with your use of the Service ("Feedback"). You hereby assign to Moth+Flame all right, title, and interest in such Feedback.
4 - Your Content in our Services
Certain features of the Service may permit users to generate or post content, including messages, reviews, video, audio, graphics, folders, data, text, photographs, images, and data gathered by a device (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In short, what belongs to you stays yours.
To provide our Service, we do require a license to your User Content, so that we can store your data on our servers, process it, and transmit it to you: when you upload, submit, store, send or receive content to or through our Services, you hereby grant to Moth+Flame (and those we work with) a non-exclusive, worldwide license to use, store, reproduce, process, modify, publish, transmit, display, and distribute your User Content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new products and services. This license continues even if you stop using our Services.
Why do we need these rights? The following situations are a few examples of where we would need these rights:
4.1 - User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Moth+Flame and users of the Service to use and distribute your User Content; and your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe any third-party right, including any intellectual property, privacy or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
4.2 - User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. Moth+Flame may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Moth+Flame with respect to User Content.
5 - Data Expiry Policy
After a free trial or a paid license expires, all content that was created on the Moth+Flame (Promise) platform with the associated Moth+Flame account is deleted after 90 days, per our retention policy. This means that content is not accessible after 90 days.
6 - Third-Party Services
Moth+Flame may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information.
7 - About Software in our Services
Moth+Flame gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Moth+Flame as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Moth+Flame, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.
The Software may contain or be accompanied by software code provided by third parties (“Third Party Software”) that is subject to separate license terms (the “Third Party Terms”), and not any license contained in these Terms. Your use of the Third Party Software in conjunction with the Service in a manner consistent with the Terms is permitted. However, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third Party Software.
8 - Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether. Moth+Flame may stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
8.1 - Terms of Agreement
The term of this Agreement will commence on the Effective Date and, unless earlier terminated, will expire at the end of the Term. If you purchase Services, the term of this Agreement will commence on the Effective Date and, unless earlier terminated in accordance with this Agreement, will continue for the duration of any Contract Term set forth in an applicable Order Form.
8.2 - Subscription Terms
All license subscriptions to the Services are provided on a fixed term of twelve (12) months and require payment in full at the time of purchase. Subscriptions must be paid in advance and are **not available** on a monthly installment basis. By subscribing, you agree to the twelve-month term and the advance payment requirement. Moth+Flame does not offer recurring monthly billing options for its Services.
9 - Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER MOTH+FLAME NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
10 - Liability for our Services
WHEN PERMITTED BY LAW, MOTH+FLAME, AND MOTH+FLAME’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MOTH+FLAME, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, MOTH_FLAME, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
11 - Indemnity
You agree to defend, indemnify, and hold Moth+Flame and our affiliates, officers, agents, and employees harmless from and against any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees) made against us by any third party due to or arising out of your use of the Service.
12 - Force Majeure
Moth+Flame will not be liable for any failure or delay in the availability of the Service or any other performance of its obligations under these Terms on account of strikes, shortages, riots, insurrection, pandemics, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond Moth+Flame’s reasonable control, including any failure of wireless cellular services, provided by any third party in connection with your use of the Service.
13 - Dispute Resolution
These Terms provide that all disputes between you and Moth+Flame will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.
14 - Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Moth+Flame and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorney's fees.
15 - About these Terms
These Terms provide that all disputes between you and Moth+Flame will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.
We may modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should cancel your Moth+Flame (Promise) Account and discontinue your use of that Service.
These Terms control the relationship between Moth+Flame and you. They do not create any third party beneficiary rights. If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Contact Us
If you have questions about this Agreement or about Moth+Flame (Promise), please visit our contact page or email us at support@promisevr.com