General Terms and Conditions of Sale and Use
Article 1: Definitions
• Seller: The company NOVALAB SASU, with a capital of €1,000, whose registered office is located at 8 rue du Dobropol, 75017 Paris, registered with the RCS under number 87876473700010, APE code 6202A, VAT identification number FR93878764737.
• Client: Any natural or legal person acquiring the OMNICASTVR Software.
• OMNICASTVR Software: The software developed by the Seller, which is the all-terrain VR piloting and supervision tool, providing absolute control over group sessions, APK installation, remote application launching, simultaneous screen mirroring of VR headsets, and headset power management.
• Omni Package: The pricing plan chosen by the Client which determines the maximum number of VR headsets that can be managed and displayed simultaneously on a single device (computer/tablet) via the OMNICASTVR Software.
• Activation Key: A unique alphanumeric code provided to the Client allowing the activation and licensing of the OMNICASTVR Software on a specific device, and defining the acquired Omni Package.
• Annual License: The right to use the OMNICASTVR Software, valid for a duration of one (1), two (2), three (3), four (4), or five (5) years starting from the Activation Key fabrication date, requiring renewal to maintain the Software's functionality upon expiry of the subscribed period.
• Lifetime License: Permanent right to use the OMNICASTVR Software for the Computer Hardware on which it is activated, without time limitation.
• Hardware Fingerprint: A file generated by the OMNICASTVR Software on the Client's Computer Hardware, containing unique information to identify the device without collecting personal data.
• Computer Hardware: Refers to any desktop computer, laptop computer, or Microsoft Surface type tablet on which the OMNICASTVR Software is installed or intended to be installed.
• Pre-configured Hardware: All computer equipment (computer, graphics card, Wi-Fi access point/router, etc.) supplied and pre-configured by the Seller to ensure the optimal functioning of the OMNICASTVR Software.
Article 2: Purpose
These General Terms and Conditions (GTC) define the contractual terms applicable to the marketing of the OMNICASTVR Software by the Seller, whether sold as a standalone license or pre-installed on the Pre-configured Hardware supplied by the Seller, and specifically for the Annual Licenses (1 to 5 years).
Article 3: Features and Functionalities of the OMNICASTVR Software
The OMNICASTVR Software enables the simultaneous streaming of VR headset screens. After initial activation, it operates autonomously without requiring an internet connection or subscription.
The OMNICASTVR Software is characterized by:
• Management Capacity: The Client selects an Omni Package upon acquisition, which defines the maximum number of headsets that can be managed and displayed simultaneously (ranging from 1 to 12 headsets, depending on the package).
• License Types: The Software is acquired as an Annual License whose duration is determined by the Client (1 to 5 years) at the time of purchase.
• Unique Key Activation: The Software requires a unique Activation Key to be licensed and to determine the associated Omni Package and license duration.
• Software Download: The Client will receive a download link for the Software via email when it is purchased alone.
• Activation Process: Upon first use, the Software prompts the Client to generate a Hardware Fingerprint. The Client must then send this Hardware Fingerprint to the Omnicast VR teams via a dedicated form on the Seller's website. Once the form is completed and the Hardware Fingerprint file is uploaded, the Client will receive their Activation Key via the email address mentioned in the form. They can then upload this key into the Software to activate the license and fully utilize Omnicast VR.
• Offline Operation: Once the license is activated and stored locally, the Software operates autonomously, without internet connection, relying on this license to know the headset limit and its validity.
• Headset Management: The number of headsets that can be registered in the Software's database is not limited to specific headsets. The Client can integrate different headsets from their fleet at any time. It is the activated License that determines the number of headsets that can be piloted simultaneously. If the maximum number of headsets defined by the License is reached, the Software will clearly inform the user.
• Multi-device Licenses: For deployment on multiple Computer Hardware devices, the Client must acquire a separate Activation Key for each desired device.
Article 4: Order
The order for the OMNICASTVR Software is placed via our website or through distributors via a signed quote, a purchase order, and commercial contact. Any order implies the full and unconditional acceptance of these GTC by the Client.
Article 5: Price and Payment Terms
The prices of the OMNICASTVR Software are displayed in Euros (€) excluding taxes and are determined based on the Omni Package selected and the duration of the Annual License subscribed to, as well as the acquisition scenario (Software only or with Pre-configured Hardware). Payment methods accepted are bank transfer and credit card.
Article 6: Delivery and Installation
• Acquisition du Logiciel seul :
Acquisition of Software Only: The OMNICASTVR Software is delivered to the Client electronically (download link) after order validation and payment. Installation and configuration on the Client's Computer Hardware are the Client's sole responsibility. The Activation Key will be generated and sent after receiving the Client's Hardware Fingerprint via the process described in Article 3.
• Acquisition du Logiciel avec Matériel Pré-configuré :
Acquisition of Software with Pre-configured Hardware: The OMNICASTVR Software is delivered pre-installed and pre-configured on the Pre-configured Hardware supplied by the Seller. The Seller undertakes to deliver the Pre-configured Hardware and the Software within the agreed timeframes. The Activation Key will be pre-activated on the Pre-configured Hardware or instructions for activation will be provided.
Article 7: License Management and Transfer
7.1. License Types (Annual Licenses)
• The Client acquires the right to use the Software for the subscribed duration (from 1 to 5 years). Upon expiry of this period, the Software will become inoperable. The Client must contact the Seller to renew their license for a new duration and reactivate the Software. The start date of the license validity is calculated as the Activation Key fabrication date.
• Lifetime License: The Client acquires an unlimited time right to use the OMNICASTVR Software on the Computer Hardware on which it is activated. This license does not require renewal.
7.2. Loss or Destruction of Computer Hardware
In the event of loss and/or destruction of the Computer Hardware on which an OMNICASTVR Software license was activated, the license associated with that hardware is considered permanently lost. For any new installation on another Computer Hardware, the Client must purchase a new license at the current rate. No refund may be claimed for the license initially lost.
7.3. Software Migration to another Computer Hardware
The transfer of the OMNICASTVR Software license from one Computer Hardware to another is a paid service, invoiced to the Client based on a quote. To do this, the Client must grant the Omnicast VR teams remote access to the original computer where the license is currently installed. This remote intervention will be performed in the presence and with the consent of the Client, to ensure that the Software and its license are fully rendered inoperable on the initial machine. Once this deactivation is confirmed, a new activation process as described in Article 3 will be implemented to generate and install a new license on the new Computer Hardware designated by the Client.
7.4. Modification of the License Level (Omni Package)
In the event the Client requests a modification of their license level, meaning an increase in their Omni Package, a new price will be applied. After acceptance of the updated quote and payment by the Client, the Seller will generate a new Activation Key corresponding to the new Package. The Client can then activate this new key in the Software to benefit from the superior service level. This license upgrade service will be invoiced to the Client based on a quote.
Article 8: Right of Withdrawal
In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of their right of withdrawal. The same applies to the supply of digital content not provided on a material medium whose performance has begun after the consumer's express prior agreement and express waiver of their right of withdrawal. As soon as the Activation Key for the OMNICASTVR Software has been generated and sent to the Client, the supply of the service and/or digital content is considered to have commenced and is irreversible. Consequently, the Client acknowledges and accepts that they do not have any right of withdrawal or refund from the date the Activation Key is sent. As the Seller cannot verify whether the Software is being used by the Client after the key is sent, no refund will be possible.
Article 9: Technical Conditions of Use and Recommendations
The proper functioning of the OMNICASTVR VR headset piloting and streaming solution, particularly the quality and regularity of the screen mirroring for a simultaneous number of headsets, depends on a combination of computer criteria inherent to the hardware and its environment.
9.1. Operating System (OS)
The OMNICASTVR Software is designed to run exclusively on Microsoft Windows 10 and 11. Older versions of Windows have not been tested and their compatibility is not guaranteed. The Software is not developed to be installed or used on operating systems such as Linux, macOS (Apple), or Android.
9.2. VR Headset Compatibility
The Software is compatible with VR headsets from brands HTC, PICO, and Meta. For Meta headsets, the Client is informed that a manufacturer update (notably version V74 and later) may cause malfunctions in the screencopy component, resulting in flickering or other visual alterations. Other VR headset brands have not been tested, and their compatibility is not guaranteed by the Seller.
9.3. Software Installation Hardware (Computer)
The Software's performance directly depends on the power of the Computer Hardware on which it is installed: The quality and regularity of the headset screen mirroring depend on the computer's information processing power. The higher the number of headsets streamed simultaneously, the greater the required processing power. The Software primarily consumes resources from the processor (CPU) and, to a much lesser extent, from the graphics card (GPU). Undersized Computer Hardware for the number of streamed headsets may lead to capacity limits, CPU consumption spikes, overheating, and ultimately, total Software malfunction.
9.4. Wi-Fi Connectivity (Router/Access Point)
The second key factor in the proper functioning of the Software and headset streaming is the capacity of the Wi-Fi band (throughput in Mbps) of the headsets and the associated routers and/or Wi-Fi access points. The Wi-Fi frequency (2.4GHz or 5GHz) has a strong impact on performance; the 5GHz frequency is strongly favored for optimal streaming. Very powerful Computer Hardware paired with a less powerful Wi-Fi router (e.g., 2.4GHz with limited bandwidth) will be bottlenecked by the network's capacity. However, the streams that do pass will generally be of good quality.
9.5. Interconnection of Elements and Bitrate Management
The elements mentioned above (computer power and Wi-Fi capacity) are interconnected and critically influence one another. The user must find the right balance between the number of headsets streamed simultaneously and the screen mirroring data weight managed via the Software's bitrate manager. The bitrate manager allows choosing between maximizing stream quality (with a high bitrate) and maximizing the number of headsets to stream (with a low bitrate). In conclusion, the user will be responsible for adapting the combination of "number of streamed headsets" and "screen mirroring data weight (bitrate)" to the capacity of their own Computer Hardware and Wi-Fi network. For every Software-only sale, the Seller undertakes to provide the Client with recommendations regarding their estimated actual streaming capacity.
Article 10: Warranties and Maintenance
10.1. Legal Warranties
The Seller is liable for defects in conformity of the Software and, where applicable, the Pre-configured Hardware, under the conditions provided for in Articles L. 217-4 and following of the French Consumer Code and for latent defects of the sold item under the conditions provided for in Articles 1641 and following of the French Civil Code. Legal Warranty of Conformity: The Client benefits from a period of two (2) years from the delivery of the goods to take action. They can choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. The Client is exempt from having to prove the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods, except for second-hand goods. Warranty Against Latent Defects: The Client may decide to invoke the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, they can choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
10.2. Exclusion of Warranty
Warranties do not apply if the defect results from: Non-conforming use of the Software or Hardware by the Client. Modification or intervention on the Software or Hardware performed by the Client or an unauthorized third party. A case of force majeure.
10.3. Maintenance
The company NOVALAB SASU undertakes to provide corrective maintenance for the OMNICASTVR Software for a period of 5 years starting from the Activation Key fabrication date. Corrective maintenance aims to resolve confirmed anomalies and bugs in the Software that prevent its normal operation or significantly degrade its performance, under normal conditions of use. This corrective maintenance is included in the purchase price of the OMNICASTVR Software for the specified duration. However, evolutionary maintenance (which includes the integration of new features, performance improvements, or adaptation of the Software to technical or regulatory developments) is not included in the initial sales contract. It will be the subject, if necessary, of a separate sales contract at the Client's discretion, the terms of which (scope of services, duration, financial conditions, intervention methods, service levels, etc.) will be defined and accepted by the Client. The Seller reserves the right not to offer an evolutionary maintenance contract if the complexity of the evolution or the specificity of the Client's hardware configuration would make such maintenance economically or technically unviable for the Seller.
Article 11: Customer Service and Operating Conditions
11.1. Case of Software Only Acquisition (without Pre-configured Hardware)
The proper functioning of the OMNICASTVR Software intrinsically depends on the performance of the Computer Hardware on which it is installed, particularly the processor power, graphics card capabilities, and the power and configuration of the Wi-Fi access point or router used. The Seller cannot be held responsible for malfunctions, degraded performance, or random problems, in whole or in part, that are a direct consequence of insufficient or inadequate Computer Hardware or Wi-Fi network supplied and managed by the Client. The Seller declines all responsibility for problems related to third-party hardware or software configurations not validated by the Seller.
11.2. Case of Software Acquisition with Pre-configured Hardware
When the Software is acquired with the Pre-configured Hardware supplied by the Seller, the Seller guarantees effective and optimal operation of the solution as a whole. In the event of a problem related to the solution supplied by the Seller (Software and Pre-configured Hardware), the Seller undertakes to intervene free of charge in customer service for a period of one (1) year from the delivery date. This intervention includes the diagnosis and resolution of anomalies falling under the Seller's responsibility.
Article 12: Intellectual Property
The Seller is the sole and exclusive owner of all intellectual property rights related to the OMNICASTVR Software. The acquisition of the Software grants the Client a non-exclusive and non-transferable right of use, strictly limited to the acquired Omni Package and use on the Computer Hardware on which the Activation Key has been validated. Any reproduction, modification, adaptation, representation, distribution, and commercialization of the Software without the express written authorization of the Seller is formally prohibited.
Article 13: Limitation of Liability Related to Third-Party Technologies
The OMNICASTVR Software has been developed using existing technologies and communication protocols, notably ADB Wi-Fi and Screencopy. It is also designed to operate with the operating system of the VR headset manufacturers. The Seller strives to ensure the compatibility and proper functioning of the Software with these technologies and operating systems at the time of delivery. However, the Client acknowledges and accepts that VR headset manufacturers may release updates to their operating systems or communication protocols, which are entirely independent of the Seller's will and control. In the event that such a manufacturer update were to disrupt, alter, or render inoperable all or part of the OMNICASTVR Software's functionalities, particularly screen mirroring and piloting functions, the Seller undertakes to deploy all reasonable and diligent efforts to try to resolve the problem and restore the Software's proper functioning. However, if, despite these efforts, the problem proves insolvable or requires major modifications to the underlying technologies of the manufacturers, the Seller cannot be held legally responsible for malfunctions, data loss, or any other detrimental consequence resulting directly from this third-party update. The Seller's liability is strictly limited to the intrinsic defects of its Software and not to interferences caused by external elements over which it has no control.
Article 14: Personal Data
The Seller undertakes to process the Client's personal data in accordance with its Privacy Policy and the regulations in force (GDPR). For more information on our website: https://omnicastvr.com/en/politique-confidentialite for the English version and https://omnicastvr.com/fr/politique-confidentialite for the French version.
Article 15: Applicable Law and Disputes
These GTC are governed by French law. In the event of a dispute, the parties will strive to find an amicable solution. Failing this, any dispute relating to the interpretation or execution of these GTC shall fall under the exclusive jurisdiction of the courts of Paris.