Virbela End-User License Agreement (Terms of Use)
Revision Date: January 16, 2026
1. Acceptance of this EULA
Thank you for visiting our website www.virbela.com (“Our Site”), and/or your interest in using Virbela’s virtual campus products and services, provided by Virbela LLC, a Washington limited liability company. For the avoidance of doubt, Virbela LLC is an independent entity and is not affiliated with, owned by, or a subsidiary of eXp World Holdings, Inc. or any of its affiliates (collectively, “eXp”). Virbela LLC operates independently of eXp and provides its Services (as defined below) to you under the terms of this End-User License Agreement (“EULA”).. Please read this EULA carefully.
This EULA constitutes a binding legal contract between you and Virbela and governs your use of all products and services as may be available through Our Site, our Virbela 3D virtual software, our Virbela Go web platform, and/or software delivered as services, our mobile application, and/or in any other forms or media developed and/or provided by or through Virbela (collectively with Our Site, the “Services”), and to those products as may be available to you through Virbela’s 3D virtual campus client application software or the Virbela Go web platform for use with the Services (“Products”).
As used in this EULA:
● "AI Services" means the generative artificial intelligence features, tools, and functionalities integrated into the Product, which may be powered by Virbela or third-party providers.
● "Input" means any data, text, images, or prompts provided by a User to the AI Services.
● "Output" means the content, data, or assets generated by the AI Services in response to a User’s Input.
* See, also, Section 27- Guidelines Regarding Virbela’s Open Campus and Virbela Go Open Campus
2. Accounts and Passwords. You must have an account with Virbela (“User Account”) to subscribe to any aspect of the Services. Your User Account must be in your real name. You agree to: (1) provide true and accurate account information, (2) choose a strong and secure password; (3) keep your password secure and confidential; (4) not transfer any part of your User Account; (5) promptly report any actual or suspected breach of your User Account; and (6) cancel your User Account when it is no longer in use. You are responsible for anything that happens through your User Account, including any actions or communications initiated by authorized automated agents or AI Services linked to your account, unless you close it or report misuse.
3. Access and Control by Subscribing Party. If your access to the Services or any portion thereof is provided to you under a subscription through an organization, such as your employer, school, or a client of yours (your “Organization”), then that party has the right to control your access to and use of the Services and receive reports regarding your use of the Services, and any data, information, or material you upload to, share, or create in the Services**, including any Input provided to, or Output generated by, AI Services**. Your Organization may also choose to terminate your access at any time and for any reason. Your Organization may also choose to change the name of the campus or campus owner, but any such changes would only apply to your access to and use of the Services after the change.
4. System Requirements. Use of the Services and Products requires one or more compatible hardware devices, software, browser compatibility, mobile device capabilities, and Internet access (which may include mobile data services) (collectively, “System Requirements”). For example, to access Virbela’s Open Campus via the downloadable desktop application, or to access the Services via the Virbela Go web platform, you must use a hardware device and/or software that meets certain specifications, which can be found on the Virbela knowledgebase. In addition, for certain Products such as the Virbela Go web platform, you must use a modern web browser and provide camera and microphone permissions to use certain aspects of the Services. You are responsible for obtaining and maintaining all System Requirements. Virbela is not responsible for any issues or costs associated with your failure to meet the System Requirements.
For Services utilizing Virbela Go or AI Services (such as real-time transcription, translation, or automated assistance), you acknowledge that performance is dependent on your browser’s ability to handle high-performance data processing and WebRTC protocols. These features require the transient processing of audio and video streams. Unless the "Record" feature is explicitly activated by a Meeting Host, these raw streams are processed in real-time and are not stored by Virbela after the specific AI processing task is complete.
You acknowledge that performance is dependent on your browser’s ability to handle high-performance data processing. Virbela operates under a 'Shared Responsibility Model': Virbela is responsible for the security of the Services and the underlying AI infrastructure, while You are responsible for the security of your User Accounts, the nature of the Input provided to AI Services, and ensuring that your employees do not disclose sensitive credentials within AI prompts
5. Revisions. Virbela reserves the right to revise this EULA and our Virbela End-User Privacy Policy at any time and in our sole discretion. Any revisions will be effective when we post the revised version on Our Site or within the Product. Your continued use of the Services after such revisions signifies your acceptance of the revised EULA and/or Virbela End-User Privacy Policy. We also reserve the right to update the Products or Services at any time, including by adding or removing features. For web-based Products and AI Services, such as Virbela Go and integrated third-party AI features, updates and modifications may be deployed automatically and in real-time without requiring a manual update of the Product. Your continued use of such web-based or AI-integrated Services after a deployment signifies your acceptance of the changes to the functionality and any applicable third-party AI provider terms.
6. Age Requirements. The Services and Products are not intended for children under thirteen (13). By using the Services, you affirm that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction) or an emancipated minor. If you are under eighteen (18) years of age, you affirm that you have the consent of your parent or legal guardian to use the Services and Products. Furthermore, your use of specific AI Services within the Product may be subject to additional age restrictions imposed by third-party AI providers; you agree to comply with all such third-party age requirements as a condition of accessing those specific features.
7. Grant of License. Subject to your compliance with this EULA, Virbela grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install the Products and use the Services for your internal business or personal use, as applicable, as provided in this EULA. This license includes the right to access the Services via the downloadable desktop application or the Virbela Go web platform, provided you meet the then-current System Requirements. This license also includes access to integrated AI Services, subject to any additional usage policies or restrictions provided by Virbela or its third-party AI providers. You acknowledge that this license does not grant you any rights to the underlying models, weights, or proprietary algorithms of the AI Services. Any rights to Output generated through your use of the AI Services are governed by Section 11 of this EULA. Except as expressly provided in this EULA, you have no other rights in the Products or Services. Virbela reserves all rights not expressly granted to you.
8. Fees and Payment. Access to the fee-based aspect of the Services (e.g., Team Rooms, Team Suites, Virbela Go subscriptions, or Private Campus) requires the payment of a fee. You agree to pay all fees or charges to your User Account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. While certain Services, such as Virbela Go, may be purchased directly via credit card through Our Site, Virbela also offers payment via written contract or Purchase Order (“PO”) for qualifying Organizations. If you are paying via a separate written agreement or PO, the payment terms of that specific agreement shall govern; in all other cases, the terms of this Section 8 apply. > You must provide Virbela with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or other payment provider (“Payment Provider”) as a condition to signing up for a fee-based Service unless an alternative payment method has been authorized by Virbela in writing. Your Payment Provider agreement governs your use of the designated credit card or other payment provider, and you must refer to that agreement and not this EULA to determine your rights and liabilities. By providing Virbela with your credit card number or other payment provider and associated payment information, you agree that Virbela is authorized to immediately invoice your User Account for all fees and charges due and payable to Virbela hereunder and that no additional notice or consent is required.
Virbela further reserves the right, in its sole discretion, to establish and modify usage limits concerning the AI Services. These limits may include, without limitation, the maximum number of requests, the length of AI-generated responses, or the frequency of access to specific AI models. Such limits may vary based on your subscription tier, account standing, or overall system demand. Virbela will not charge additional fees for AI Service usage beyond your agreed-upon subscription or contract price without providing prior notice and obtaining your consent.
You agree to immediately notify Virbela of any change in your billing address or the credit card or other payment provider used for payment hereunder. Virbela reserves the right at any time to change its prices and billing methods, either immediately upon posting on Our Site or within the Product, or by e-mail delivery to you. All fees are non-refundable. All fees are exclusive of any applicable sales, use, import, or other taxes, which are your responsibility.
9. Termination and Nonrenewal of User Account. We reserve the right to terminate, restrict or suspend your User Account and/or your access to the Services (including access to any integrated AI Services) at any time, without notice and without any liability to you, if we believe that you have violated any law, have done anything that may harm other users or Virbela, or have violated any of the provisions of this EULA or the Virbela End-User Privacy Policy. For web-based Services such as Virbela Go, access may be deactivated immediately upon termination or suspension.
You can also terminate your User Account at any time. No refunds will be issued for any portion of a subscription fee remaining on your account for the current billing cycle at the time of termination.
Any provisions of this EULA that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions (including those relating to User Generated Content and AI Output), warranty disclaimers, and limitations of liability.
10. Notices
Except as otherwise expressly set forth in this EULA, all notices from Virbela to you under the EULA will be in writing, sent by email or through the Services (e.g., a Virbela notification published in your User Account or displayed in an online session). All notices from you to Virbela shall be emailed to [email protected], except for legal notices, such as notices regarding copyright infringement assertions, which shall be sent to [email protected]. Notices will be deemed to have been duly given (a) the day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.
11. User Generated Content and AI Services
● 11.1 Ownership: You own the UGC you create and the Output generated through your use of the AI Services.
● 11.2 AI Service Behavior & Change Management: AI Services utilize session-level adaptivity for experience optimization and do not constitute training of foundation models. Virbela utilizes a disciplined Change Management process; in the event a third-party AI model is sunsetted or materially altered, Virbela will provide 30 days’ notice to Organizations.
● 11.3 Sub-Processor Transparency: A list of current AI sub-processors and their data residency locations is maintained at https://trust.virbela.com.
12. Intellectual Property Rights. Virbela and its licensors own and retain all right, title, and interest in and to the Products and Services, including, without limitation, all software, 3D assets, campus designs, code, graphics, and the "look and feel" of the virtual environments. This ownership extends to the proprietary architecture of the Virbela Go web platform and any system prompts, proprietary algorithms, or curated datasets provided by Virbela as part of the AI Services. You are prohibited from using Virbela’s trademarks, logos, or brand features without prior written consent. Except for the limited license granted to you in Section 7, nothing in this EULA shall be construed as conferring any right or license to Virbela’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge that the AI Services utilize third-party intellectual property, and your use of such Services does not grant you any ownership interest in the underlying third-party AI models or technology.
13. Data Storage Virbela is not a backup service. Once Input or Output is deleted or expires, it is purged. Consistent with the EU Data Act and global portability standards, Virbela provides tools to export UGC and AI Output in a structured, machine-readable format to facilitate service transitions.
14. Other Content, Sites and Apps. While using the Services, you may encounter content or information that may be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Virbela generally does not review content provided by our users or others. You agree that we are not responsible for others’ (including other users’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse.
You acknowledge that the AI Services are powered by third-party providers. Your use of these third-party AI Services, and any other third-party sites, apps, or features integrated into the Services (such as web-links accessed within Virbela Go), is at your own risk. Virbela does not control, and is not responsible for, the availability, accuracy, or safety of the technology provided by third-party AI providers. Virbela may also offer products and services of third parties through our Services. If you use these third-party products or services, your use will be subject to the terms and conditions and privacy policies of the applicable third party. You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your User Account, that app or site can access information on Virbela related to you. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Virbela is not responsible for these other sites and apps – use these at your own risk.
15. Recordings and AI Transcription. A host can choose to record meetings or enable AI-powered features such as real-time transcription and summarization. By using the Services, you consent to Virbela storing these recordings**, transcripts, and summaries**. You will receive a notification within the Product or the Virbela Go interface when recording or AI transcription is active. Your continued participation in a meeting after such notification constitutes your express consent to the capture and processing of your voice, likeness, and communications for these purposes.
15.1 AI Training Simulations. Certain Services include AI-powered training simulations ("AI Simulations") in which you interact with AI characters for learning, coaching, or assessment purposes. By participating in an AI Simulation, you acknowledge and agree to the following:
(a) Data Processing. During an AI Simulation, your voice, text inputs, and interactions may be captured and processed to provide real-time coaching, feedback, and assessment. By default, this data is processed transiently — meaning it is used to generate feedback and is then deleted, typically within 72 hours.
(b) Assessment Reports. AI Simulations may generate assessment reports that include competency scores, behavioral observations, and coaching recommendations based on your performance ("Assessment Reports"). You acknowledge that Assessment Reports are algorithmically generated and should be used as one input among many for learning and development purposes.
(c) Recording Retention. If recording retention is enabled by you or your Organization, your simulation sessions (including audio and transcripts) may be stored for playback, coaching review, or supervision purposes. You will receive notice within the Product when recording retention is active.
(d) Organization Access. If you are using AI Simulations through an Organization subscription, your Organization may access your Assessment Reports, simulation recordings (if retained), and related performance data for training, coaching, and administrative purposes.
(e) Aggregated Insights. Virbela may use de-identified, aggregated data derived from AI Simulations to improve assessment accuracy and calibrate scoring models. This data does not include your name, likeness, or other personally identifiable information.
16. Prohibited Use. You represent and warrant that you will not use the Services and Products for any of the following:
· To conduct any illegal activity;
· To transmit any malicious code, such as viruses, worms or Trojan horses;
· To harass, abuse or harm another person;
· To interfere with or disrupt the Services or any servers or networks connected to the Services;
· To send or facilitate the transmission of unauthorized or unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
· To resell the Products or Services;
· To allow others to use the Products and Services through your User Account;
· To reverse engineer, decompile, or otherwise attempt to derive source code from the Products or Services;
· To use the Products and Services to develop or market a product or service that is similar to or in competition with the Products or Services;
· To create derivative works based on the Products or Services;
· To disguise the origin of any content transmitted through the Services;
· To use any automated system (including "robots," "spiders," or "offline readers") to access the Services in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional web browser;
· To scrape or harvest any data or information from the Services without our prior written consent;
· To use the Services to infringe upon the intellectual property rights of others;
· To remove or obscure any proprietary notices from the Products or Services.
· To use AI Services to generate content that violates the Community Policies, create deceptive synthetic media (such as "deepfakes") intended to mislead or harm others, or to engage in "jailbreaking" or other attempts to circumvent the safety filters, rate limits, or underlying architecture of the integrated AI models.
· You shall not use 'prompt injection' or other reverse-engineering techniques to extract Virbela's proprietary system prompts, underlying logic, or instructions
· You shall not engage in prompt injection, adversarial attacks, or any technique designed to extract the underlying training data, system prompts, or operational logic of the AI Services. Any attempt to bypass Virbela's safety or security filters is a material breach of this EULA
· You shall not use the Services to test or probe the AI Services for 'business logic' vulnerabilities or to develop competing AI models through 'model scraping' or 'output harvesting'
You agree that we may investigate and take any appropriate legal action against anyone who violates these prohibitions.
17. Warranties You Provide. You represent and warrant that: (a) you have the legal power and authority to enter into and be bound by this EULA; (b) you own or have the necessary rights and permissions to use and authorize Virbela to use your UGC and any Input you provide to the AI Services; and (c) your UGC**, your Input, and your use of the Output** do not and will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant that your use of the AI Services will comply with all applicable third-party provider terms of use and safety guidelines.
18. Indemnification. You agree to defend, indemnify and hold harmless Virbela and its parent, subsidiaries, affiliates, and each of their respective officers, directors, employees, agents and licensors (collectively, the “Virbela Parties”) from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your use of the Services and Products (including the Virbela Go platform and AI Services); (b) your UGC**, Input, or your use of Output**; (c) your breach of this EULA**, any applicable third-party AI provider terms,** or the Virbela End-User Privacy Policy; or (d) your violation of any law or the rights of any third party. Virbela reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Virbela in asserting any available defenses..
19. Copyright Infringement Assertions. Virbela respects the intellectual property rights of others. We respond to notices of alleged copyright infringement and terminate the User Accounts of repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf; b) A description of the copyrighted work that you claim has been infringed; c) A description of where the material that you claim is infringing is located within the Services (including, if applicable, the specific AI-generated Output or the URL within the Virbela Go platform); d) Your address, telephone number, and e-mail address; e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached at:
Virbela LLC
Attn: Designated Copyright Agent
Email: [email protected] and [email protected]
20. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND PRODUCTS IS AT YOUR SOLE RISK, AND THE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. VIRBELA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
VIRBELA MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. THIS INCLUDES, WITHOUT LIMITATION, ANY OUTPUT GENERATED BY THE AI SERVICES OR THE PERFORMANCE OF THE VIRBELA GO WEB PLATFORM ACROSS DIFFERENT BROWSERS OR HARDWARE CONFIGURATIONS.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICES (INCLUDING AI-GENERATED OUTPUT AND CONTENT ACCESSED VIA VIRBELA GO) IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE SERVICES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE AI SERVICES UTILIZE EXPERIMENTAL TECHNOLOGY AND MAY PRODUCE OUTPUT THAT IS INACCURATE, OFFENSIVE, OR OTHERWISE INAPPROPRIATE. VIRBELA DOES NOT GUARANTEE THE ACCURACY OF ANY TRANSLATIONS, TRANSCRIPTIONS, OR SUMMARIES PROVIDED BY THE AI SERVICES. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY OF ANY AI-GENERATED OUTPUT BEFORE RELYING ON IT.
FROM TIME TO TIME, VIRBELA MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT VIRBELA’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
While Virbela strives for high reliability, you acknowledge that AI Services may occasionally experience 'hallucinations' or service degradation. Virbela will provide status updates regarding known AI Service outages via the Trust Center at https://trust.virbela.com. Virbela’s security program includes regular human-led penetration testing and business logic validation. We maintain a Vulnerability Disclosure Policy (VDP) to allow for the responsible reporting of security or safety concerns related to the AI Services
21. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VIRBELA PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT VIRBELA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE EULA OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PRODUCTS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE SERVICES OR PRODUCTS; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES OR PRODUCTS, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS LIMITATION APPLIES EQUALLY TO ANY DAMAGES RESULTING FROM THE USE OF AI SERVICES, INCLUDING BUT NOT LIMITED TO ERRORS, OMISSIONS, OR INACCURACIES IN AI-GENERATED OUTPUT, OR THE TEMPORARY UNAVAILABILITY OF THE VIRBELA GO WEB PLATFORM.
THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A VIRBELA PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A VIRBELA PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A VIRBELA PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
UNDER NO CIRCUMSTANCES WILL VIRBELA PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (I) THE TOTAL AMOUNT PAID TO VIRBELA BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (II) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A VIRBELA PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A VIRBELA PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A VIRBELA PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THIS LIMITATION APPLIES EQUALLY TO ANY DAMAGES RESULTING FROM THE USE OF AI SERVICES. Virbela maintains professional Cyber Liability Insurance consistent with industry standards for enterprise SaaS providers. Upon request, Virbela will provide a Memorandum of Insurance (MOI) to subscribing Organizations to verify coverage levels.
22. Virbela’s Open Campus. Virbela provides a common area in its virtual world for all users called the “Open Campus.” Use of the Open Campus is subject to this EULA and the Community Policies. Access to the Open Campus may be available via the downloadable desktop application or the Virbela Go web platform. You acknowledge that certain features, visual fidelity, and AI-powered interactions may vary based on your method of access. Virbela reserves the right to modify or restrict access to the Open Campus at any time for maintenance, safety, or system updates.
23. Severability, Waiver, and Construction. If any part of this EULA is found to be unenforceable, then that part will be construed to reflect the parties' intentions and the rest of the EULA will remain in full force and effect. The failure of Virbela to enforce any right or provision in this EULA will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section headings used in this EULA are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.” This construction applies to all technical and AI-related definitions herein, including but not limited to "Input," "Output," and "AI Services," which shall be interpreted broadly to encompass evolving technologies..
24. General Provisions
● 24.1 Severability and Construction: If any part of this EULA is unenforceable, the rest remains in effect. "Including" means "including without limitation."
● 24.2 Governing Law & Arbitration: Governed by Washington law. Includes a specific clause for AI Accuracy and Privacy disputes to be settled via binding arbitration in the Seattle, Washington.
● 24.3 Global Export & Portability: Complies with U.S. export/encryption laws. Consistent with the EU Data Act, Virbela provides tools to export UGC and AI Output in a machine-readable format to facilitate service transitions.
● 24.4 Security Audit & Insurance: Virbela maintains a security program aligned with SOC 2 Type II control requirements and professional Cyber Liability Insurance. We provide audit summaries and a Memorandum of Insurance (MOI) upon request.
● 24.5 Shared Responsibility: Virbela is responsible for the platform and AI infrastructure security; the User is responsible for account security and the nature of their AI Inputs.
● 24.6 Independent Entities. The Parties are separate and independent entities. Nothing in this EULA is intended to create, nor shall it be construed to create, any relationship between the Parties, or between Virbela LLC and eXp World Holdings, Inc., other than that of independent entities. Neither Party has the authority to make commitments for or to bind the other to any obligation.
25. Beta Services
Virbela may offer "Beta Services" (experimental AI models or Virbela Go features). These are provided “AS IS” for evaluation only and are not subject to standard Service Level Agreements or uptime warranties. Virbela may discontinue Beta Services at any time.
26. Export Control. You may not use, export, import, or transfer the Products or Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Products or Services, and any other applicable laws. In particular, but without limitation, the Products and Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. You acknowledge that the AI Services and the Virbela Go platform utilize sophisticated encryption and software technology that may be subject to additional U.S. export restrictions. You represent and warrant that you are not located in any such country or on any such list. By using the Products and Services, you represent and warrant that you are not located in any such country or on any such list. You also will not use the Products and Services for any purpose prohibited by U.S. law.
27. Government End Users. The Products and Services (including the Virbela Go platform and AI Services) are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the commercial computer software and commercial computer software documentation are being licensed to U.S. Government end users (a) only as commercial items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
28. Survival
The EULA remains effective for so long as your User Account remains active, or your Organization’s subscription(s) remain active, whichever is longer. Upon expiration or termination of this EULA, the obligations which by their nature are intended to survive expiration or termination of the Agreement shall survive, including, without limitation, Sections 18 (Indemnification), 20 (Warranty Disclaimer), 21 (Limitation of Liability), 22 (Severability/Waiver/Construction), 23 (General Provisions), 28 (Customer Satisfaction), and 29 (Feedback).
29. Virbela Community Policies
Virbela strives to provide a positive, stimulating and safe environment for encouraging collaboration. We believe that almost all of our users will naturally contribute to promoting such an environment, but as a reminder, here are some guidelines (not intended to be comprehensive) to keep in mind.
No Bullying and/or Harassment - Virbela allows users to speak freely on matters and people of public interest, but we strive to take action on reports of abusive, harassing, threatening, or defamatory behavior directed at individuals. Repeatedly targeting users with unwanted friend requests or messages is a form of harassment.
Sharing, posting, or transmitting any material or communication that is designed to provoke, harass, upset, embarrass, or antagonize anyone (including Virbela staff or other users), especially trolling, bullying, or intimidating, is strictly prohibited within any Service of Virbela;
Do not impersonate - Virbela requests users use their real names and account identities when using the Services. Users are prohibited from publishing the personal information of others without their consent. Claiming to be another person, creating a false presence for an organization or person, or creating multiple accounts undermines community and violates Virbela's EULA.
No Hateful Speech - Virbela does not permit use of the Services to disseminate hateful speech or to incite violence of any kind. While we encourage you to challenge ideas, institutions, events, and practices, Virbela does not permit individuals or groups to use the Services to attack others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, familial status, disability or medical condition, or other protected class.
Graphic Content - Virbela can be a place where people turn to share their experiences and raise awareness about issues important to them. Sometimes, those experiences and issues involve graphic content that is of public interest or concern. In many instances, when people share this type of content, it is to condemn it. However, graphic images shared for sadistic effect or to celebrate or glorify violence will not be tolerated on our Services.
Nudity - Virbela has a strict policy against the sharing of pornographic content and any explicitly sexual content. We also impose limitations on the display of nudity.
Intellectual Property - Before sharing content on Virbela, please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights including, but not limited to, not conducting copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
Regulated Goods - It is not permitted to complete transactions involving goods or services which violate any of the terms of this EULA, our Privacy Policy, or any other agreement you have with, or policy of, Virbela. It is not permitted to complete transactions involving goods or services which are illegal or are regulated goods including but not limited to drugs, firearms, and human/animal anatomy or blood, on our platform.
Phishing and Spam - We take the safety of our users seriously and work to prevent attempts to compromise their privacy or security. We also ask that you respect our other users by not contacting them for commercial purposes without their consent.
AI Transparency: You are prohibited from misrepresenting AI-driven agents or automated systems as human beings. When deploying or interacting with automated systems, you must ensure such interactions are transparently disclosed to other users. Virbela will similarly provide conspicuous disclosure within the user interface when you are interacting with an integrated automated system.
Prohibited AI Conduct: You shall not use the Services to engage in "prompt injection," adversarial attacks, or reverse-engineering techniques designed to extract Virbela's proprietary system prompts or operational logic.
General Conduct: You agree to abide by all rules regarding No Bullying, No Harassment, and the protection of Intellectual Property as outlined in our full Community Policies.
30. Guidelines Regarding Virbela’s Open Campus or Virbela Go Open Campus
Virbela’s Open Campus is a free virtual world offered by Virbela and is subject to these guidelines, in addition to all other the terms in this EULA as set forth above; provided, however, that these guidelines shall control.
a) Prior Approval for Events: If you (including any organization to which you belong), wish to hold an event in the Open Campus involving a group size exceeding the number of simultaneous users associated with your Team Suites subscription, OR if you do not have a Team Suites subscription with Virbela and wish to hold an event involving more than 10 users, you must first seek and obtain prior written approval for such event from Virbela (and Virbela shall have sole discretion as to whether to grant such approval).
b) Strict Adherence to Community Policies: Virbela reserves the right to suspend or terminate access to anyone to the Open Campus, or any part or scene of the Open Campus, at any time, for failure to adhere to the Community Policies at Section 26, or any terms in these guidelines or this EULA, or in the event such access overburdens Virbela’s services (including staff or technical resources), at Virbela’s sole discretion.
c) Promotion of Events (e.g., via Social Media) for Open Campus: Virbela appreciates publicity from our customers and users, and we always strive to provide an outstanding experience. To this end, because Open Campus is a free service and requires adequate levels of Virbela resources to support, you agree that you will seek prior written approval from Virbela before promoting any events on our Open Campus in any media (including online social media), and you agree to cooperate with Virbela at our request to the extent we require such promotion to include information regarding limitations/restrictions and/or reference to our EULA, Terms of Use, or these guidelines.
31. Customer Satisfaction and Statistics for Service Improvement.
Notwithstanding anything else in this EULA, unless otherwise prohibited by applicable law, you agree that Virbela may conduct customer satisfaction related surveys (including, without limitation, requests for ratings and/or comments based on survey inquiries) by transmitting such surveys to you via contact information you provide to Virbela (e.g., via email or through the Services), for the purposes of improving our Services (the information you provide in response to such surveys also being referred to herein as “survey results”). You are not obligated to respond to such surveys; however, to the extent you do, you hereby grant Virbela a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and/or distribute such survey results throughout the world in any media, provided that such survey results do not identify you (unless otherwise expressly agreed upon by you).
Notwithstanding anything to the contrary in this Agreement, Virbela may monitor your use of Services, and collect and compile Aggregated Service Statistics (as defined below). As between Virbela and you, all right, title, and interest in Aggregated Service Statistics, and all intellectual property rights therein, are owed by, and are retained solely by Virbela. You acknowledge that Virbela may compile Aggregated Service Statistics
based on your use of the Services, and that Virbela may (i) make Aggregated Service Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Service Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Service Statistics do not identify you or your confidential information, unless otherwise expressly agreed upon by you. “Aggregated Service
Statistics” means data and information related to your use of the Services that is used by Virbela in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services.
32. Feedback
Any feedback that you provide to Virbela as a result of the testing and/or evaluation of Virbela Software or Virbela Services, including any Beta Service of Virbela, under this EULA may be used by Virbela to improve or enhance its products and, as such, you assign to Virbela, all right title and interest, in and to such feedback (unless otherwise expressly agreed upon in writing), and to the extent such feedback cannot be assigned to Virbela, you grant Virbela a non-exclusive perpetual, irrevocable, royalty-free, worldwide right and license to use and exploit such feedback without restriction. You additionally agree to treat such feedback regarding any Virbela Beta Service as confidential information in accordance with section 24 d) above.
33. US Export/Import Laws and Regulations.
You agree to comply with all US export/import laws and regulations with respect to use of the Service and you agree not to facilitate or enable use of the Service by any party that is either the target of UK, US, UN or EU financial sanctions or located or resident in a territory/country that is subject to comprehensive or extensive US, EU or UK economic sanctions.
[END OF VIRBELA END-USER LICENSE AGREEMENT]