Dr Certified terms of service

1. Who we are

Dr Certified (“the game”) is made and published by SabuTech, a sole trader registered with the Dutch Chamber of Commerce (KVK 99588145), Radarweg 228, 1043 NS Amsterdam, the Netherlands. Email: contact [at] sabutech [dot] net. “We” and “us” mean SabuTech; “you” means the person who plays.

These terms cover the game on Meta Quest, its updates, and this website. They are written in English, and the English text applies.

2. How these terms apply

These terms apply when you buy, download or play the game. Read them before you buy; you can save or print this page at any time.

• You buy the game on the Meta Horizon Store, so Meta's Store Terms and Supplemental Terms of Service apply too. If they conflict with these terms, Meta's terms win.
• These terms are between you and SabuTech. Meta isn't a party to them and isn't responsible for the game.
• If you're under 18, read these terms with a parent or guardian, who accepts them for you.
• A “consumer” is someone who gets the game for personal use, not for a business. Some sections apply only to consumers, and some only to everyone else; they say so.

3. Health and safety: read before you play

Virtual and mixed reality affect people differently. Before you play, read Meta's Health and Safety Warnings for your headset and follow them. They are part of these terms. In addition:

• Clear your space. The board sits on a real table. Use a stable table you won't lean on, and clear the area around it of hot drinks, glass, sharp or fragile things, stairs and anything you could trip over. Keep pets and people out of reach of your arms.
• Stay where you are. The game is played seated or standing in one place, and it never asks you to walk. Mixed reality can make distances look different, so move your hands slowly near real objects.
• Photosensitivity. A very small number of people can have a seizure from flashing lights or patterns, even if it has never happened to them before. This game has flashing lights. If you or anyone in your family has epilepsy, ask a doctor before you play. Stop right away if you feel dizzy, sick or confused, or if your eyes or muscles twitch. Flashes in the game are limited to 3 a second, and REDUCE FLASHING (in OPTIONS, under ACCESSIBILITY) holds them steady.
• Motion. The camera never moves. In the ambulance call-out the board and props rock a little: REDUCE MOTION turns that off, and with MOTION CALL-OUTS off those call-outs are never offered.
• Take breaks. Start with short sessions and rest regularly. Stop if you feel motion sickness, eye strain, a headache, sore hands or wrists, or any discomfort, and don't drive or do anything demanding until you feel normal again.
• Not when you shouldn't. Don't play when you're very tired, unwell, or under the influence of alcohol or drugs. If you have a pacemaker, hearing aid or other medical device, or are pregnant, check Meta's warnings and ask a doctor first.
• Children. The headset isn't for children under 10, so neither is the game. An adult should supervise children who play, set up their space and make sure they take breaks.

4. Playing is your choice, in your space

You decide where you play, for how long and who is around you. We can't see your room, so it's up to you to keep it safe and to follow the warnings in section 3. If you ignore them and that causes an injury or damage, that is your own responsibility.

This doesn't take away our responsibility for harm the game itself causes through our fault (see section 11).

5. It's a game, not medicine

Dr Certified is a cartoon game about lifting strange things out of toy patients. It isn't medical training, medical advice or a test of real skills, and “certified” is a joke.

The hospital contract you sign at the start of the game is part of the story. It isn't a legal agreement. The name and signature you put on it stay on your headset (see the privacy policy).

6. Buying the game and refunds

• You buy the game on the Meta Horizon Store. Meta sells it on our behalf and takes the payment; we never see your payment details.
• Refunds are handled by Meta, under its refund policy. Ask Meta for a refund through your purchase history; we can't issue one ourselves.
• Check before you buy. You decide whether to buy based on the store page, the trailer and this website. The game runs on Meta Quest 3 and 3S and is in English. Apart from Meta's refund policy and your rights under the law, we don't give refunds because you changed your mind.
• Right to withdraw. In the EU, the EEA and the UK you normally have 14 days to withdraw from an online purchase. For a download, Meta asks you at checkout to agree that the download starts straight away and that you then lose this right. If that consent wasn't validly given, your right to withdraw stays.
• There are no in-app purchases. The “fees” you earn in the game are pretend money: they have no cash value and can't be bought, sold or exchanged.

7. Your licence to play

When you buy the game, SabuTech (not Meta) gives you a limited, personal, non-exclusive, non-transferable licence to install and play it on headsets linked to your Meta account, for your own non-commercial use. You get a licence to use the game, not the game itself.

Unless the law allows it or we agree in writing, you may not:

• copy, modify, translate, decompile, disassemble or reverse engineer the game, in whole or in part;
• make derivative works from it, or sublicense, rent, lend, sell or transfer it;
• use it commercially, for example in an arcade, at a paid event or in a business;
• use cheats, mods or tools that change the game's files, its saves or the anonymous play data, or get round the check that you own the game;
• use the game to harm, harass or deceive anyone, or to break the law.

Where the law gives you a right to do any of these things (for example, to decompile parts of software to make it work with other programs), that right isn't affected. We don't support modified copies of the game.

8. Videos, streams and screenshots

You're welcome to stream, record and share videos and screenshots of you playing, including on channels that earn money. Please don't suggest that we sponsor or endorse you, and don't extract the game's art, music or sound to use on their own.

9. Your progress and your data

Your progress and settings are saved on your headset. Uninstalling the game or resetting the headset deletes them, unless Meta's cloud backup is turned on. To protect your saves, turn that backup on. How the game handles data, including the anonymous play data, is explained in the privacy policy.

10. Updates and changes to the game

• We provide the updates, including security updates, needed to keep the game working as described. We do this for as long as you can reasonably expect, and at least while the game is on sale on the Meta Horizon Store.
• We may also update the game for other good reasons: to fix bugs, improve it, add content or follow the law or Meta's rules. Updates cost you nothing.
• If a change would make the game noticeably worse for you, we'll tell you in advance. You can then end the contract within 30 days of the change and get a refund for the part you haven't been able to use.
• The game needs Meta's platform. If Meta stops supporting your headset or the store, that is outside our control.

11. Our responsibility to you (consumers)

What we never limit. Nothing in these terms limits or excludes our liability for:

• death or personal injury caused by our negligence or any other fault of ours;
• damage we cause on purpose or through deliberate recklessness;
• fraud;
• liability under product liability law;
• your legal rights as a consumer to a game that matches its description and works as it should, to the updates that keep it that way, and to a repair, a price reduction or a refund if it doesn't;
• anything else that the law of the country where you live doesn't allow us to limit.

What we're not responsible for. We're not liable for injury, loss or damage that we didn't cause, including when it's caused by:

• your surroundings, furniture, walls, other people or pets, or not following section 3;
• your headset, controllers or other equipment, the Meta Horizon platform or other apps;
• a modified or unofficial copy of the game;
• events outside our reasonable control, such as power cuts or Meta's services being down.

Your headset and your other data. If the game itself damages your headset or other digital content on it, and that wouldn't have happened if we had used reasonable care and skill, we'll repair the damage or compensate you. Otherwise we're not liable for such damage.

Other loss. In every other case where we are at fault, we're liable only for loss that was a foreseeable, typical result of our fault when you bought the game. Our total liability for it is limited to the price you paid for the game. Because the game is for personal use, we're not liable for business losses such as lost profit, income or opportunities.

The limits in this paragraph and the one before it never apply to the cases under “What we never limit”.

12. If you're not a consumer

If you get or use the game for a business, or are otherwise not a consumer, the game is provided “as is” and “as available”, without any warranty or promise about it. We're not liable to you for indirect or consequential loss, lost profit, lost data or business interruption. Our total liability to you is limited to the price paid for the game. This doesn't limit our liability for death or personal injury, for intent or deliberate recklessness of our management, or under product liability law.

13. Extra notes for some countries

United States

Section 11 also applies to you. In addition:

THE GAME IS PROVIDED “AS IS”. TO THE EXTENT YOUR STATE'S LAW ALLOWS, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT FOR DEATH OR PERSONAL INJURY, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, AND OUR TOTAL LIABILITY IS LIMITED TO THE PRICE YOU PAID FOR THE GAME. SOME STATES DON'T ALLOW THESE EXCLUSIONS OR LIMITS, SO SOME OF THEM MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS UNDER YOUR STATE'S LAW.

If you live in New Jersey: each exclusion and limit in this section and in sections 11 and 12 applies to you only as far as New Jersey law allows it, and any that New Jersey law doesn't allow doesn't apply to you.

United Kingdom

Nothing in these terms affects your rights under the Consumer Rights Act 2015, including your right to a repair or compensation if the game damages your device or other digital content because we didn't use reasonable care and skill.

Australia

Nothing in these terms excludes, restricts or changes the consumer guarantees and other rights you have under the Australian Consumer Law.

Quebec

If you live in Quebec, nothing in these terms limits the rights you have under the Consumer Protection Act or the Civil Code of Québec.

14. Who owns what

The game and everything in it, including its characters, Night Owl General, its art, music, sound, text and code, belong to SabuTech or the people who licensed them to us. “Dr Certified” is our name for the game. Meta and Meta Quest are trademarks of Meta Platforms, Inc. If you send us ideas or feedback, we may use them freely, without owing you anything.

15. Ending the licence

• You can stop at any time by uninstalling the game.
• We may end your licence only if you seriously break section 7, and only after telling you first, where that's reasonable.
• Ending the licence doesn't affect your legal rights as a consumer, or a refund you're already owed.

16. Changes to these terms

We may update these terms for a good reason, such as a change in the law, a new feature or a security fix. The date at the top shows the latest version, which applies to new purchases. A change never reduces your rights for a game you've already bought. If you'd like an earlier version, email us.

We may transfer these terms to another business that takes over the game (for example, if SabuTech becomes a company), as long as that doesn't reduce your rights. If we don't enforce a term straight away, we can still enforce it later.

17. Complaints

If something's wrong, email contact [at] sabutech [dot] net first. We'll answer within 14 days. We aren't affiliated with an alternative dispute resolution (ADR) body and don't commit to using one. If you live in the EU, you can also ask your national consumer authority for help (in the Netherlands, ConsuWijzer).

18. Law and courts

• Dutch law applies to these terms and to your use of the game, without the UN Convention on Contracts for the International Sale of Goods.
• If you're a consumer living in another country, this choice of Dutch law doesn't take away the protection of the mandatory rules of the law of that country. You keep it.
• If you're a consumer, you can bring a claim against us in the courts of the Netherlands or of the country where you live. We can bring a claim against you only in the courts of the country where you live.
• If you're not a consumer, the courts of Amsterdam, the Netherlands, decide any dispute.

19. If part of these terms isn't valid

Each sentence of these terms stands on its own. If a court decides that one of them is invalid or doesn't apply to you, the rest still apply. If you're a consumer, an invalid sentence is simply left out: we won't rely on a reworded version of it.

20. Contact

SabuTech, KVK 99588145, Radarweg 228, 1043 NS Amsterdam, the Netherlands. Email contact [at] sabutech [dot] net. How we handle your data is in the privacy policy.