META HORIZON START PROGRAM TERMS AND CONDITIONS

The following sets out the terms and conditions (the “Terms”) that apply to your participation in the Meta Horizon Start Program (the “Program”) which is designed to help developers build and grow their products. These Terms are an agreement between the Program participant (whether you are an individual acting on your own behalf or a member of a developer, developer org and acting on behalf of such organization) (hereafter “you”, “your” or “Developer”)) and Meta Platforms Technologies LLC (“we”, “us”, “our” or “Meta”).
  • If you are participating in the Program on behalf of or in connection with an organization, employer or within the scope of your affiliation or employment with an organization or informal group (any, and each, an "Organization"), you understand and agree that these Terms are binding on you, individually, and your Organization; and
  • You warrant and represent that you have the authority to participate and bind your Organization to these Terms.

1. ACKNOWLEDGMENT OF TERMS

Your application to and participation in the Program, its related Benefits (defined below), and use of other Meta products and services are all governed by the Supplemental Meta Platforms Technologies Terms of Service, including all incorporated terms, conditions, and policies (collectively, the “TOS”). The TOS is incorporated herein by this reference. These Terms are in addition to and not in lieu of the TOS.
As a condition of participating or attempting to participate, in the Program you agree to be bound by these Terms and the decisions of Meta, which are final and binding in all respects. If you breach any of these Terms, your participation, including, without limitation, any application, in the Program is VOID and you must immediately forfeit any and all benefits, if any have been provided to you.
Meta may terminate the Program and your access to any or all Benefits at any time without notice.

2. PARTICIPATION IN THE PROGRAM

2.1 Applying to the Program To be eligible to apply you must meet the following criteria:
(a) have a valid email address;
(b) be at least the age of majority in your jurisdiction of residence;
(c) have a registered developer Organization in good standing; and/
(d) if you are participating in connection with your VR work within an Organization, that Organization is privately held.
2.2Benefits If your application is successful, Meta will provide you information on how to access program benefits available to you (the “Benefits”). The Benefits that you may be provided may be subject to additional requirements. You acknowledge that the Benefits you may receive as part of your participation in the Program will be determined by Meta in its sole discretion and communicated to you separately by Meta. The following also apply to Benefits:
(a) The Benefits and availability thereof are subject to change without notice.
(b) You understand that you may be ineligible to receive certain Benefits based on your place of residence.
(c) Eligibility to receive certain benefits may vary.
(d) You also understand that any Benefit(s) you are provided may be subject to additional terms and conditions as specified at the time the Benefit is provided or in its accompanying documentation.
(e) You understand that any Benefit(s) made available by third parties may be subject to terms and conditions agreed between you and each such third party and you further understand and agree that Meta will not be a party to any such agreement and will not have any liability or obligation with respect to such Benefit(s).
(f) In accordance with our Privacy Policy, Meta may disclose your data to third parties to make any of the Benefits available to you.
(g) All Benefits are provided “AS IS” and are nontransferable nor redeemable for cash. Any alleged or actual ambiguity or discrepancy related to the Program will be resolved by Meta in its sole discretion.
(h) Meta will not be responsible or liable to you if you do not accept or use any Benefit(s) (or any portion thereof) for any reason. You waive the right to assert as a cost of participating in the Program, any and all costs of verification and redemption or travel to claim or utilize the Benefits and any liability and publicity that might arise from claiming or seeking to claim or utilize the Benefits.
(i) Any and all expenses related to accepting and making use of the Benefits or participating in the Program that are not specified by Meta as being provided as part of the Benefits are your sole responsibility. Without limiting the foregoing, you understand that, except where expressly specified by Meta (or a third-party Benefit provider) in writing as being part of a Benefit to be provided to you, all hardware, software, internet-access, transportation, lodging, and any other cost or expense necessary to participate in the Program or to make use of a Benefit are your sole responsibility.
(j) You are solely responsible for all taxes related to or due from the acceptance of your Benefits, and that, if required in Meta’s sole discretion, Meta may file a tax reporting form for the total value of the Benefits with the U.S. Internal Revenue Service. You understand that you may be required to complete additional tax-reporting documentation as deemed necessary by Meta in its sole discretion prior to your receipt of any Benefit(s).
(k) You may not transfer or assign any Benefit you are provided, except as permitted by Meta in writing and at its sole discretion. You understand that Benefits may not be sold, bartered, or redeemed for cash.

3. PUBLICITY RELEASE

Except where prohibited by law, you grant to the Released Parties (defined below) the irrevocable, sublicensable, free-of-charge, absolute right and permission to use, publish, post or display your name, photograph, likeness, voice, biographical information, social media handle, avatar, any quotes attributable to you, any interview responses provided by you, and any other indicia of persona and, if applicable, the trade name, trademark, and logo of an Organization you are affiliated with or an employee of (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ sole discretion), including, without limitation, identifying you or the Organization as a member of the Program, for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to you, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet) without any limitation of time and without notice, review or approval, and you release all Released Parties from any and all liability related to such authorized uses. You acknowledge and agree that nothing contained in this Agreement obligates Meta to make use of any of the rights granted herein and you waive any right to inspect or approve any such use. The rights and releases granted in this section shall survive the termination and/or expiration of these Terms.

4. TERM AND TERMINATION

4.1 Term. These Terms shall remain in effect for so long as you participate in the Program, unless earlier terminated by either you or Meta.
4.2 Termination.
(a) You may terminate these Terms at any time upon written notice to Meta (email sufficient) If you have made any other agreements with Meta that rely on these Terms, these Terms will survive termination only as necessary to give effect to such agreements.
Meta may, in its sole discretion, immediately terminate these Terms upon written notice (email sufficient) without liability to you if you breach these Terms, including through making false statements in connection with your application to the Program or off-platform behavior which risks the safety of our users or employees. In such event, you may no longer participate in the Program and shall immediately forfeit, return, and cease use of any Benefits granted to you under the Program or these Terms.
Meta may terminate the Program, in whole or in part (including withdrawing Benefits), at any time with or without notice, at its discretion and without any liability to you. In such an event, your participation in the Program and any use of the Benefits will cease. Meta has no obligation to provide substitute Benefits or other compensation to you.
4.3 Effect of Termination. Whether these Terms are terminated for any reason or no reason, upon termination your participation in the Program and any use of the Benefits will cease. Meta has no obligation to provide any further Benefits, replacement Benefits, or compensation of any kind. Additionally, you will promptly destroy or (if requested by Meta) return any Meta Confidential Information (defined in Section 7 (Confidentiality) below) disclosed to you in connection with your participation in the Program and all copies thereof, unless expressly prohibited from doing so under applicable law. Furthermore, any sections of these Terms which reasonably ought to survive such termination, including without limitation Section 3 (Publicity Release), Section 4.3 (Effect of Termination), Section 5 (Representations and Warranties; Disclaimers), Section 6 (limitation of Liability; Release), Section 7 (Confidentiality) and Section 8 (General)

5. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

5.1 Representations and Warranties. You represent and warrant that (a) you have provided valid, accurate, and truthful information in connection with your application to the Program; (b) you are at least the age of majority in my jurisdiction of residence; (c) you have committed no fraud or deception in applying to the Program or in claiming any Benefits offered to you; (d) you have and will continue to comply with the these Terms; and (e) you are not an employee, officer, director, member, manager, representative or agent of Meta or of any Released Parties (defined below) whose employees/agents are not eligible to participate in the Program or a member of the immediate family or household of any such employee/agent.
5.2. DISCLAIMER OF WARRANTY. NOTHING IN THIS AGREEMENT ACTUALLY OR PURPORTEDLY LIMITS, EXCLUDES, OR MODIFIES, ANY STATUTORY CONSUMER GUARANTEE OR ANY IMPLIED CONDITION OR WARRANTY, THE EXCLUSION OF WHICH FROM THIS AGREEMENT WOULD CONTRAVENE ANY APPLICABLE STATUTE, LAW, OR RULE OR CAUSE ANY PART OF THIS AGREEMENT TO BE VOID ("NON-EXCLUDABLE GUARANTEES"). TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, AND EXCEPT FOR ANY NON-EXCLUDABLE GUARANTEES, YOU UNDERSTAND AND AGREE THAT THE PROGRAM AND ALL BENEFITS ARE PROVIDED "AS IS" WITH NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT, CUSTOM, OR LAW, MADE BY META, ANY BENEFIT PROVIDER OR OTHER PROMOTIONAL PARTNER, OR ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, DIVISIONS, OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AGENTS OR REPRESENTATIVES (COLLECTIVELY, "RELEASED PARTIES") OR FOR WHICH ANY OF THE RELEASED PARTIES MAY BE LIABLE. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND THAT NO RELEASED PARTY WILL HAVE ANY LIABILITY FOR UNAUTHORIZED INTERVENTION IN ANY PART OF THE APPLICATION PROCESS OR TECHNICAL OR HUMAN ERROR OF ANY KIND THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROGRAM OR PROVIDING OF BENEFITS.

6. LIMITATIONS OF LIABILITY; RELEASE

6.1 Limitation of Liability. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROGRAM OR ANY BENEFIT, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL OF YOUR CLAIMS, JUDGMENTS AND AWARDS AGAINST ANY RELEASED PARTY WILL BE LIMITED TO YOUR ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED TO PARTICIPATE IN THE PROGRAM (IF ANY) NOT TO EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL YOU BE PERMITTED TO OBTAIN ANY AWARD FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL THIRD-PARTY, OUT-OF-POCKET EXPENSES NOT TO EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) YOUR REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND YOU IRREVOCABLY WAIVE ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
6.2 Liability Release: TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, YOU AGREE TO RELEASE, DISCHARGE, HOLD HARMLESS, AND THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH PARTICIPATING IN ANY PROGRAM-RELATED ACTIVITY OR THE ACCEPTANCE, USE, OR MISUSE OF ANY BENEFIT(S).
YOU UNDERSTAND AND AGREE THAT, EXCEPT WHERE PROHIBITED BY LAW, THIS AGREEMENT IS A COMPLETE RELEASE AND DISCHARGE OF ALL OF YOUR CLAIMS AND RIGHTS AGAINST THE RELEASED PARTIES AND THAT NO ACTION WILL BE TAKEN BY OR ON YOUR BEHALF WITH RESPECT OF ANY SUCH RIGHTS.

7. CONFIDENTIALITY

7.1 Obligations. Your inclusion and participation in the Program is subject to strict confidentiality requirements. Absent Meta’s prior written consent, you agree to keep strictly confidential, and you will not disclose, any non-public or confidential information that is shared, provided, or otherwise disclosed to you in connection with, or as a result of, your participation in the Program or any Benefit, including without limitation the content of any non-public Meta terms, policies or guidelines and the content of any communications between you and Meta (“Confidential Information”). Furthermore, You hereby agree that all technical and non-technical materials and information concerning or related to Meta’s products, services, materials, online properties (including the discovery, invention, research, improvement, development, marketing, or sale of any of the foregoing), financial data and models, business and marketing plans, and any information related to the foregoing, as well as any materials or information disclosed or to which you have access in connection with your participation in the Program, shall, without limitation, constitute Confidential Information.
7.2 Exceptions. Section 7.1 (Obligations) will not apply to any Confidential Information (i) that you can show via contemporaneous evidence you rightfully knew prior to Meta’s disclosure of it to you; (ii) that you rightfully obtained from a third party without restriction on disclosure; or (iii) to the extent required by law or court order, provided that, you provide advance notice to Meta as promptly as possible and cooperate with Meta’s efforts to obtain a protective order or other safeguard(s) regarding such disclosure.
7.3 Personal Business Data. Any personal business data you provide in your application to the Program or in the course of the Program will be deemed your Confidential Information. Meta agrees it will only use such information in the course of evaluating your application and performing its duties under the Program, and will treat such personal business data in accordance with the principles set out in its privacy policy at https://www.meta.com/legal/privacy-policy/
7.4 Additional Terms. Any information shared by you and Meta in connection with the Benefits or the use of any other Meta products may be subject to additional Meta terms. Any other disclosures of your Confidential Information by Meta will be governed by the Meta Terms of Service at https://www.meta.com/legal/supplemental-terms-of-service/

8. GENERAL

8.1 Waiver. Any waiver of any term of these Terms, must be in writing, and a waiver in a particular instance will not be a waiver of such term for the future.
8.2 Severability. The invalidity or unenforceability of any part of these Terms will in no way affect the validity or enforceability of any other part hereof.
8.3 Sanctions and Trade Controls. You represent and warrant that you are not a national or legal resident of a jurisdiction where the laws of the United States or local law prohibits participating or receiving benefits in connection with the Program or in which the United States has embargoed goods (including, without limitation, Cuba, Sudan, Iran, North Korea, Syria, and any other jurisdiction designated by the United States Treasury's Office of Foreign Assets Control ("OFAC")), nor are you or any entity with which you are affiliated identified on OFAC’s Specially Designated Nationals And Blocked Persons List.
8.4 Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms will be governed by and construed in accordance with the internal laws of the State of California, without reference to conflicts of laws provisions. Any dispute must be brought in the state or federal courts located in San Mateo, California.
8.5 Entire Agreement. You agree that these Terms constitute the entire agreement between Meta and you regarding the Program. You agree that any alleged or actual ambiguity or discrepancy related to the Program or any Benefit will be resolved by Meta in its sole discretion. You understand that these Terms are final and binding on you in all respects.
BY ACKNOWLEDING THESE TERMS, YOU CONFIRM THAT YOU HAVE READ, FULLY UNDERSTAND, AND AGREE WITH ALL OF THE ABOVE. YOU ACKNOWLEDGE THAT THE TERMS ARE CONTRACTUAL, AND NOT BY WAY OF RECITAL, AND THAT YOU HAVE HAD AMPLE OPPORTUNITY TO INVESTIGATE ALL THE MATTERS INVOLVED IN ACCEPTING THESE TERMS. YOU FURTHER PROMISE THAT YOU ARE FULLY AUTHORIZED TO AGREE TO THIS AGREEMENT ON YOUR OWN BEHALF AND, IF APPLICABLE, ON BEHALF OF YOUR ORGANIZATION, AND THAT I HAVE DULY AND VALIDLY AGREED TO THIS AGREEMENT OF MY OWN FREE ACT.