1. Acceptance of These Terms

These Terms of Use ("Terms") are a binding agreement between you and MUD Foundation Inc., a Florida nonprofit corporation ("MUD Foundation," "we," "our," or "us"), governing your access to and use of our website (including www.mud.foundation), our applications, and our XR “Metaverse as a Service” platform and related services (together, the "Services").

You accept these Terms when you create an account, click to indicate your agreement, or otherwise access or use the Services. If you do not agree, do not use the Services. If you are using the Services on behalf of an organization, you represent that you are authorized to bind that organization.

2. Definitions

Programs are MUD Foundation's initiatives, exhibitions, workshops, camps, and events (Media Under Dystopia, XRCamp, WISPer, Sound Art, MUDAO). Program Content is work created as a deliverable of a Program (Section 5). Community Content is work you create independently using the Services (Section 5). The XR Platform/Services means MUD Foundation's device-agnostic XR ecosystem, including MUD Verse, XR Creator Studio, the runtime, and related tools. Premium Services are paid tiers offered under separate terms. A Workspace is a collaborative space managed by administrators such as an educator, partner, or institution. Instant Access lets a Workspace administrator invite temporary users via a shared link and access code, without full registration or an email address.

3. Eligibility, Minors, and Accounts

You must be at least 13 to use the Services on your own. Users aged 13–17 may use the Services only with the involvement and verifiable consent of a parent or legal guardian, who accepts these Terms on their behalf. The self-serve Services are not directed to children under 13, and we do not knowingly allow them to create accounts; children under 13 may participate in Programs only through a supervised arrangement with a parent/guardian, school, or partner that provides any consent required by law. Where students or minors take part through a Workspace or an Instant Access link created by an educator or partner, that administrator and their organization are responsible for having authority to invite them and for obtaining any parent/guardian or school consent required by law (including under COPPA and FERPA, where applicable). You are responsible for activity under your account.

4. License to Use the Services

Subject to these Terms, MUD Foundation grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, educational, artistic, or organizational purposes consistent with our nonprofit mission. No ownership rights in the Services are transferred to you, and we reserve all rights not expressly granted.

5. Intellectual Property: Program Content vs. Community Content

MUD Foundation is artist-run and treats creators' rights seriously; ownership depends on how and why a work was created. Community Content — work you create independently, outside the defined deliverables of a Program — remains yours, and by making it available on the platform you grant MUD Foundation the limited marketing license in Section 6. Program Content — work created as a defined deliverable of a Program — is governed by that Program's written agreement; where there is none, the default is that the creator keeps ownership and grants MUD Foundation a license for the Program's stated purposes. MUD Foundation does not claim ownership of a participant's work merely because it was made during a Program, and any transfer or co-ownership of IP must be set out in a signed writing identifying the specific work. You must have rights to anything you upload; MUD Foundation's names, logos, and platform materials remain MUD Foundation's.

6. License to Use Community Content for Nonprofit Outreach

By publishing Community Content on the platform, you grant MUD Foundation a worldwide, royalty-free, non-exclusive license to display, reproduce, share, and distribute that content (without selling it) for community engagement, nonprofit outreach, education, and mission-related marketing. Where reasonably practical, MUD Foundation will credit you as the creator. If you delete Community Content or your account, MUD Foundation will stop new uses within a reasonable time, though copies already incorporated into distributed materials may persist and backups clear on our normal cycle.

7. Free and Premium Services

MUD Foundation offers free access to core community Services and may offer Premium Services such as enhanced XR experiences, workshops, exhibitions, or subscriptions. Pricing, availability, and restrictions for Premium Services are published separately and may be governed by additional terms.

8. Acceptable Use

You agree not to upload or share unlawful, defamatory, harassing, obscene, infringing, or harmful content; impersonate any person or misrepresent your affiliation; attempt unauthorized access to the Services, other accounts, or our systems; or interfere with or disrupt the Services. Violations may result in suspension or termination under Section 14.

9. Your Content and Indemnification

You are responsible for content you create, upload, or share. To the extent permitted by law, you agree to indemnify and hold MUD Foundation harmless from third-party claims, damages, and reasonable expenses arising from content you upload, your breach of these Terms, your violation of law or of another person's rights, or your infringement of intellectual property.

10. Health, Safety, and XR Experiences

Please read this carefully. Virtual and augmented reality can cause discomfort or injury, including motion sickness, dizziness, disorientation, rare seizures, eye strain, emotional responses, and physical injury from collisions with real-world objects while wearing a headset. Use the Services in a clear, safe space, take breaks, stop if you feel unwell, and supervise minors using XR.

You acknowledge these risks and agree to use XR features responsibly. This online acknowledgment is not a substitute for a signed waiver: for in-person Programs and events, MUD Foundation uses separate participation and waiver forms, and parent/guardian forms for minors. Nothing here limits any liability that cannot be limited under Florida law, including for gross negligence or willful misconduct, and waivers of a minor's claims are subject to the limits of Florida law.

11. Privacy and Data Roles

MUD Foundation handles personal data as described in our Privacy Policy, which is incorporated into these Terms. If you use the Services to collect or manage other people's personal data (for example, as a Program organizer or partner), you are responsible for complying with applicable privacy laws for that data, and you and MUD Foundation may need a separate data-processing arrangement defining each party's role.

Workspace administrators: if you create a Workspace or an Instant Access link and invite others (including students), you are responsible for the users you invite — for having authority to invite them, for providing any legally required notice and consent (including parent/guardian or school consent for minors), and for managing and revoking their access. You acknowledge that you can view the display names and access codes of users who join through your links, and you agree to handle that information responsibly.

12. Changes to the Services

The MUD Foundation platform is under continuous development. We may add, modify, suspend, or discontinue features or parts of the Services. We will give reasonable notice of material changes that significantly reduce functionality where we can. We are not liable for routine modifications, but this does not waive any liability that cannot be waived under applicable law.

13. Disclaimers and Limitation of Liability

Except where prohibited by law, the Services are provided "as is" and "as available," without warranties of any kind, express or implied (including merchantability, fitness for a particular purpose, and non-infringement). To the maximum extent permitted by law, MUD Foundation's total liability for all claims relating to the Services is limited to the greater of the amount you paid MUD Foundation in the 12 months before the claim or USD $100. These limits do not apply to liability that cannot be limited under applicable law, including (where applicable) bodily injury caused by MUD Foundation's negligence, gross negligence, willful misconduct, or MUD Foundation's own infringement of a third party's IP. Some jurisdictions do not allow certain disclaimers or limitations; in those places these provisions apply only to the extent permitted.

14. Suspension and Termination

We may suspend or terminate your access, with notice where reasonably practical (and immediately where necessary to prevent harm), if you violate these Terms, your actions create legal or safety risk for MUD Foundation or others, or continuing the Services is no longer operationally or financially feasible for MUD Foundation as a nonprofit. You may stop using the Services at any time. Sections that by their nature should survive termination — IP, disclaimers, limitation of liability, indemnification, and dispute resolution — survive.

15. Dispute Resolution

Please contact us first at info@mud.foundation so we can try to resolve any dispute informally. Except as stated below, disputes relating to these Terms will be resolved by binding arbitration administered by the American Arbitration Association under its applicable consumer rules, seated in Miami-Dade County, Florida. Either party may instead bring a qualifying individual claim in small-claims court. You may opt out of arbitration by emailing info@mud.foundation within 30 days of first accepting these Terms. For claims brought by an individual community user, MUD Foundation will pay AAA filing and arbitrator fees beyond any small filing fee to the extent required for the clause to be enforceable. To the extent permitted by law, disputes are resolved individually and class or class-wide proceedings are not permitted.

16. Changes to These Terms

We may update these Terms. We will post the updated version with a new "Last Updated" date, and for material changes we will provide reasonable advance notice (for example, a notice on the platform or by email where we have it). Changes are not retroactive. Your continued use after the effective date of an update means you accept it; if you do not agree, stop using the Services.

17. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Disputes not subject to arbitration will be heard exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to that venue.

18. Copyright / DMCA Notices

MUD Foundation respects intellectual property rights. If you believe content on the platform infringes your copyright, send a notice with the information required by the Digital Millennium Copyright Act to our designated agent at MUD Foundation Inc., 350 Northeast 75th Street, Unit 360-123, Miami, FL 33138, USA; contact info@mud.foundation. We will respond to valid notices, including by removing infringing content, and may terminate repeat infringers.

19. Entire Agreement; Severability; Miscellaneous

These Terms and the Privacy Policy are the entire agreement between you and MUD Foundation regarding the Services and supersede prior versions. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision is modified to the minimum extent needed to make it valid. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor (for example, in a nonprofit merger or restructuring).

20. Contact

MUD Foundation Inc., 350 Northeast 75th Street, Unit 360-123, Miami, FL 33138, United States. Email: info@mud.foundation.