End User License Agreement
Last updated: June 18, 2026
This End User License Agreement (“Agreement”) is a binding legal contract between you (“You” or “User”) and V111A, Inc. (“Company,” “We,” or “Us”). By downloading, installing, or using the Villa Spatial Fitness application (the “Service”), you agree to be bound by the terms of this Agreement.
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS A WAIVER AND RELEASE OF LIABILITY, AN ASSUMPTION OF RISK, AN ARBITRATION CLAUSE, AND A CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
You must be at least eighteen (18) years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement.
1. HEALTH & SAFETY WARNINGS
1.1 General Warning. This Service requires physical movement in your real-world environment. The Service is designed as a fitness and entertainment tool and is not a medical device. It is not intended to diagnose, treat, cure, or prevent any medical condition.
1.2 Medical Consultation. You should consult a physician or other qualified healthcare provider before starting this or any fitness program, particularly if you:
- (a) Have a pre-existing medical condition, injury, or disability;
- (b) Are pregnant or nursing;
- (c) Have a history of cardiovascular disease, respiratory conditions, or musculoskeletal issues;
- (d) Are taking any medications that may affect your physical performance or balance; or
- (e) Have any other condition that could be worsened by physical exertion.
1.3 Environment Safety. You are solely responsible for creating a safe area for movement. Before starting any session, you must:
- (a) Clear your environment of furniture, rugs, pets, children, cables, and other hazards;
- (b) Ensure adequate lighting and a stable, non-slip surface;
- (c) Maintain sufficient space around you for full range of motion; and
- (d) Verify that your device is securely positioned and will not fall during use.
1.4 Inherent Risks of Screen-Based Physical Activity. You acknowledge that the Service encourages physical movement while viewing a screen. This combination carries inherent risks, including but not limited to loss of spatial awareness, distracted movement, collisions with objects or surfaces, and overexertion. These risks exist regardless of the instructions, feedback, or guidance provided by the Service.
1.5 Tracking Inaccuracy. YOU ACKNOWLEDGE THAT THE SERVICE RELIES ON COMPUTER VISION TECHNOLOGY TO TRACK YOUR BODY MOVEMENTS, AND THAT THIS TECHNOLOGY:
- (a) May be inaccurate, delayed, or fail to detect movements correctly;
- (b) May provide incorrect feedback regarding your form, positioning, or movement;
- (c) May misinterpret your movements, potentially leading to unsafe exercise execution; and
- (d) Is subject to environmental factors including lighting, camera angle, clothing, and background interference.
You are solely responsible for monitoring your own body mechanics and safety, and you agree not to rely exclusively on the Service’s tracking or feedback for safe exercise execution.
2. ASSUMPTION OF RISK, WAIVER, AND RELEASE OF LIABILITY
2.1 Assumption of Risk. You acknowledge and voluntarily assume all risks associated with the use of the Service, including but not limited to risks of:
- (a) Physical injury, including sprains, strains, fractures, or muscle damage;
- (b) Aggravation of pre-existing conditions;
- (c) Property damage to your environment, device, or personal belongings;
- (d) Injury resulting from inaccurate tracking, incorrect feedback, or system errors;
- (e) Injury resulting from following instructions or prompts provided by the Service; and
- (f) In extreme cases, permanent disability or death.
These risks exist whether or not caused by the ordinary negligence of V111A, Inc., its officers, directors, employees, agents, or affiliates. Nothing in this Agreement excludes or limits liability for gross negligence or willful misconduct where such exclusion is prohibited by applicable law.
2.2 Waiver and Release. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE V111A, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, OR LIABILITIES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE, PRODUCT LIABILITY, AND PERSONAL INJURY.
2.3 Sole Responsibility. You are solely responsible for your physical safety while using the Service, regardless of any instructions, feedback, scoring, difficulty levels, progression suggestions, or other guidance provided by the Service. The Service’s gamification elements (including scores, streaks, achievements, and competitive features) are not calibrated to your individual fitness level and should not be treated as personalized exercise recommendations. You acknowledge that motivational or gamified elements (such as streaks, leaderboards, and scoring) may encourage continued physical activity and should not be relied upon as indicators of safe exertion levels.
2.4 No Fitness Suitability Guarantee. The Service does not assess, verify, or guarantee:
- (a) The suitability of any exercise or movement for your individual fitness level;
- (b) The safety or appropriateness of exercise intensity or progression;
- (c) The accuracy of calorie, performance, or exertion estimates; or
- (d) The reliability of any health-related metric or feedback.
2.5 Duty to Stop. You agree to immediately cease using the Service if you experience pain, dizziness, shortness of breath, nausea, chest tightness, or any other symptom that may indicate physical distress.
2.6 Unforeseeable Risks. You acknowledge that the use of the Service may involve risks that are not foreseeable at this time, and you expressly assume all such unforeseeable risks.
3. DATA PRIVACY & ON-DEVICE PROCESSING
3.1 Privacy-First Approach. We take a “Privacy First” approach to your biometric data. The Service uses your device’s camera to track your body movements (“Skeletal Data”) in real-time.
3.2 Local Processing Only. During normal use of the Service, all movement processing happens entirely on your device. We do not stream, record, or upload video footage of you or your home to our servers.
3.3 No Face Storage. We track body landmarks (such as hands and elbows) to enable gameplay. We do not scan your face for identity verification or store “face prints.”
3.4 Biometric Consent. Even though data remains local, your body movements may be legally defined as “biometric information” (e.g., hand geometry) under applicable laws, including the Illinois Biometric Information Privacy Act (BIPA). By using the Service, you consent to the real-time local processing of your movement data solely for gameplay purposes.
3.5 Beta Program. If you participate in our Beta Testing program, data collection practices differ materially from the above. Beta data collection is governed exclusively by a separate Beta Participation and Data Release Agreement, which requires your separate, explicit consent. Nothing in this Section 3 limits or modifies the data collection authorized under that separate agreement.
4. CAMERA & SENSOR ACCESS
4.1 The Service requires access to your device’s camera and related sensors in order to detect body movement and enable gameplay functionality.
4.2 By using the Service, you grant the Service permission to access these sensors solely for the purpose of real-time movement tracking and gameplay interaction.
4.3 You are responsible for ensuring that:
- (a) You have permission to record within your environment; and
- (b) No unauthorized individuals appear in the camera’s field of view.
4.4 Except as described in this Agreement or a separate Beta Participation and Data Release Agreement, the Service does not intentionally record or store video footage from your device.
5. USER-PROVIDED CONTENT & EXTERNAL AUDIO SOURCES
5.1 The Service operates as a passive, real-time signal processing tool that responds to audio already being rendered by your device’s operating system, without recording, storing, reproducing, or identifying the underlying content. Audio sources may include locally stored files, cloud-based streams, or audio from third-party applications and websites (collectively, “External Audio”).
5.2 Ownership and Responsibility. You retain all rights to your User Content. You represent and warrant that you own or have secured all necessary licenses, rights, and permissions to use such audio in connection with the Service.
5.3 No Affiliation. V111A, Inc. is not affiliated with, endorsed by, or partnered with any third-party music streaming services, video platforms, or web browsers.
5.4 Third-Party Terms. Your use of External Audio is governed by the terms of service of those respective third-party providers.
5.5 Passive Processing / No Synchronization Rights. The Service operates as a passive, real-time signal processing tool that responds to audio already being rendered by your device’s operating system, without recording, storing, reproducing, or identifying the underlying content. V111A, Inc. does not capture, store, redistribute, or rebroadcast any audio. The Service does not create derivative works of, synchronize with, or transform the underlying audio content. No synchronization rights are granted or implied by the use of the Service.
5.6 Indemnification. You agree to indemnify, defend, and hold harmless V111A, Inc. from and against any and all claims, damages, or liabilities arising out of your use of audio files that infringe upon the intellectual property rights of any third party.
6. INTEGRATED THIRD-PARTY STREAMS
6.1 The Service may provide access to certain third-party internet radio stations or “Infinite Streams.”
6.2 Availability. These streams are provided for your convenience “as-is.” V111A, Inc. does not own, operate, or control these streams and does not guarantee their continued availability, quality, or content accuracy.
6.3 No Rights Conferred. Accessing a stream through the Service does not grant you any ownership, redistribution, or synchronization rights to the audio content. Streams are intended for your private, non-commercial use within the Service only.
6.4 Third-Party Content. The audio content within these streams is the sole responsibility of the third-party broadcaster. V111A, Inc. is not liable for any offensive or infringing content transmitted via these streams.
6.5 Service Changes. We reserve the right to add, remove, or disable access to any specific radio station or stream at any time without notice.
6.6 Technical Integration Only. Our Service acts as a passive directory and technical interface to enable playback of external streams. We do not initiate, select, or control playback of any specific content, and we do not host, transform, or create derivative works from the audio files on our servers.
7. GAMEPLAY DATA & PERFORMANCE METRICS
7.1 The Service may generate gameplay statistics, performance metrics, and movement-derived analytics (“Gameplay Data”) based on your interaction with the Service.
7.2 You acknowledge and agree that all Gameplay Data, aggregated movement data, and related analytics generated through use of the Service are owned by V111A, Inc.
7.3 We may use such data in anonymized or aggregated form to:
- (a) Improve the Service and develop new features;
- (b) Conduct research related to gameplay, fitness performance, and motion tracking; and
- (c) Generate aggregate insights that do not identify individual users.
7.4 Gameplay Data does not include your personal video recordings unless otherwise disclosed in a separate Beta Participation and Data Release Agreement.
8. LICENSE GRANT & RESTRICTIONS
8.1 License Grant. Subject to the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial fitness and entertainment purposes.
8.2 Restrictions. You shall not:
- (a) Reverse engineer, decompile, or disassemble the tracking technology or any other aspect of the Service;
- (b) Modify, adapt, or create derivative works based on the Service;
- (c) Use the Service to build a competing product or service;
- (d) Sublicense, lease, rent, or transfer the Service to any third party; or
- (e) Remove or alter any proprietary notices, labels, or marks on the Service.
9. DISCLAIMER OF WARRANTIES
9.1 THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9.2 Without limiting the foregoing, we specifically disclaim all implied warranties of:
- (a) Merchantability;
- (b) Fitness for a particular purpose;
- (c) Non-infringement; and
- (d) Accuracy or reliability of body tracking, movement feedback, or performance metrics under any conditions.
9.3 We do not warrant that the Service will be uninterrupted, error-free, or that body tracking will function accurately in all lighting conditions, environments, or for all body types.
10. LIMITATION OF LIABILITY
10.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- (a) Personal injury or bodily harm;
- (b) Property damage;
- (c) Loss of profits, data, or goodwill;
- (d) Service interruption; or
- (e) Any other intangible losses.
10.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIM ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNTS YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100 USD).
10.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.
11. DISPUTE RESOLUTION & ARBITRATION
11.1 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by binding individual arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules.
11.2 Class Action Waiver. YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive your right to a jury trial and to participate in any class action, collective action, or representative proceeding.
11.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
11.4 Small Claims Exception. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of such court.
12. RELATIONSHIP TO OTHER AGREEMENTS
12.1 Your use of the Service may be governed by multiple agreements, including this EULA, the Terms & Conditions, the Privacy Policy, and (if applicable) the Beta Participation and Data Release Agreement.
12.2 Order of Precedence. In the event of a conflict between any of these documents, the following order of precedence shall apply:
- (a) Beta Participation and Data Release Agreement (if applicable, and only for matters relating to Beta participation);
- (b) This End User License Agreement;
- (c) Terms & Conditions; and
- (d) Privacy Policy.
12.3 The dispute resolution provisions of Section 11 (Binding Arbitration) shall govern all disputes across all related agreements, superseding any conflicting dispute resolution terms in other documents.
13. CONTACT
13.1 For general inquiries regarding this Agreement:
Email: legal@villa.live
13.2 For privacy-related inquiries:
Email: privacy@villa.live
