END-USER LICENSE AGREEMENT

Last Updated: March 31, 2026

This End-User License Agreement ("Agreement") is a legal agreement between you ("User") and Voices of the Forgotten Foundation, Inc., a California 501(c)(3) nonprofit corporation ("Company," "we," "us," or "our") for the use of our video games, virtual reality experiences, and related digital content (collectively, the "Software").

By downloading, installing, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree to these terms, do not download, install, or use the Software.

1. ELIGIBILITY AND AGE REQUIREMENTS

You must be at least 13 years of age to use the Software. If you are between the ages of 13 and 18 (or the age of majority in your jurisdiction), you may only use the Software with the consent of a parent or legal guardian who agrees to be bound by this Agreement on your behalf.

The Software contains historical content related to the Holocaust and other sensitive subject matter that some users may find emotionally distressing. We encourage parents, guardians, and educators to review the Software and any applicable content ratings before permitting minors to access it.

2. CONTENT ADVISORY

The Software is developed as part of the Company's nonprofit mission to combat antisemitism and preserve Holocaust memory through interactive media. It may depict historical events, including scenes of persecution, violence, and human suffering, presented in an educational and historically respectful context. Content ratings and additional advisories, where available, are provided on the relevant distribution platform or on our website at voicesoftheforgotten.com.

3. LICENSE GRANT

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Software for your personal, non-commercial use on devices you own or control.

The Software is provided free of charge unless otherwise indicated at the point of purchase or download. If paid content, downloadable content, or premium editions are offered, the applicable pricing and terms will be disclosed prior to purchase.

4. EDUCATIONAL AND INSTITUTIONAL USE

We encourage the use of the Software in educational settings, including schools, museums, community organizations, and other institutions. Institutions that wish to use the Software as part of a curriculum, exhibit, or organized program may do so under this license for non-commercial educational purposes. For institutional licensing inquiries, bulk access, or partnership opportunities, please contact us at info@voicesoftheforgotten.com.

5. LICENSE RESTRICTIONS

You agree not to:

6. THIRD-PARTY PLATFORMS

The Software may be distributed through third-party platforms and distribution services, including but not limited to digital storefronts, gaming platforms, and virtual reality platforms. Your use of those platforms is subject to their respective terms of service and end-user agreements, which may impose additional obligations or restrictions. In the event of a conflict between this Agreement and the terms of a third-party platform through which you obtained the Software, the third-party platform's terms shall govern with respect to that platform's services, and this Agreement shall govern with respect to all other matters.

7. INTELLECTUAL PROPERTY

The Software, including all content, graphics, user interface, audio, video, and text, is owned by the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws. This Agreement does not grant you any rights to our trademarks, service marks, or logos.

8. USER-GENERATED CONTENT

If the Software includes features that allow you to create, upload, or share content, the following terms apply. If the Software does not include such features, this section does not apply.

You retain ownership of content you create but grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display such content in connection with the Software and our nonprofit mission. You represent that you have all necessary rights to grant this license and that your content does not violate any third-party rights or applicable laws.

9. PRIVACY

Your use of the Software is also governed by our Privacy Policy, available at voicesoftheforgotten.com/legal#privacy-policy. By using the Software, you consent to the collection and use of your information as described in the Privacy Policy.

10. UPDATES AND MODIFICATIONS

We may update or modify the Software from time to time. Such updates may be required to continue using the Software. We may also modify this Agreement at any time by posting the revised terms on our website. If we make material changes, we will provide notice through the Software or on our website. Your continued use of the Software after such changes constitutes acceptance of the modified Agreement.

11. TERMINATION

This license is effective until terminated. We may terminate this Agreement at any time if you fail to comply with any of its terms. Upon termination, you must cease all use of the Software and destroy all copies in your possession.

12. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE SOFTWARE.

14. INDEMNIFICATION

You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising out of your use of the Software or violation of this Agreement.

15. DISPUTE RESOLUTION

Before initiating any formal legal action, you agree to contact us at info@voicesoftheforgotten.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. If the dispute is not resolved during that period, either party may pursue resolution through binding arbitration administered in accordance with the rules of JAMS, to be conducted in the State of California. Each party shall bear its own costs and fees. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

16. GOVERNING LAW

This Agreement shall be governed by the laws of the State of California, without regard to its conflict of law provisions.

17. SEVERABILITY

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.

18. ENTIRE AGREEMENT

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and the Company regarding the Software and supersedes all prior agreements and understandings.

19. CONTACT INFORMATION

For questions about this Agreement, please contact us at:

Voices of the Forgotten Foundation, Inc.
Email: info@voicesoftheforgotten.com
Website: voicesoftheforgotten.com


PRIVACY POLICY

Last Updated: March 31, 2026

Voices of the Forgotten Foundation, Inc. ("Company," "we," "us," or "our") is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website (voicesoftheforgotten.com) or use our video games, virtual reality experiences, and related digital content (collectively, the "Services").

By using the Services, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not access the Services.

1. INFORMATION WE COLLECT

Information You Provide

Information Collected Automatically

Information from Third Parties

2. THIRD-PARTY PLATFORMS AND SERVICES

Our Software may be available through third-party platforms and distribution services, including but not limited to digital storefronts, gaming platforms, and virtual reality platforms. These platforms may collect information about you independently, subject to their own privacy policies and terms of service. We encourage you to review the privacy policies of any third-party platform through which you access the Services. This Privacy Policy applies only to information collected directly by us and does not cover data collected by third-party platforms.

3. HOW WE USE YOUR INFORMATION

We use your information to:

4. HOW WE SHARE YOUR INFORMATION

We do not sell your personal information. We may share your information with:

5. COOKIES AND TRACKING TECHNOLOGIES

We use cookies and similar technologies to enhance your experience.

Types of Cookies We Use:

Your Choices: When you first visit our website, you will be presented with the option to accept or decline non-essential cookies. You may also control cookies through your browser settings at any time. Disabling cookies may affect certain features of the Services.

6. DATA RETENTION

We retain your information for the following periods:

We may retain certain information for longer periods where required by law or for legitimate business purposes such as resolving disputes or enforcing our agreements.

7. DATA SECURITY

We implement reasonable technical and organizational measures to protect your information, including encryption, access controls, and secure data storage practices. However, no method of transmission over the Internet or electronic storage is completely secure, and we cannot guarantee absolute security.

8. DATA BREACH NOTIFICATION

In the event of a data breach that compromises your personal information, we will notify affected individuals and relevant authorities as required by applicable law, including California Civil Code § 1798.82 and, where applicable, the EU General Data Protection Regulation. Notification will be made without unreasonable delay and will include a description of the breach, the types of information involved, and steps you can take to protect yourself.

9. YOUR RIGHTS AND CHOICES

Depending on your location, you may have the following rights regarding your personal information:

To exercise these rights, contact us at info@voicesoftheforgotten.com. We will respond to your request within the timeframe required by applicable law.

California Residents

Under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), California residents have the following additional rights:

Categories of Personal Information Collected: Identifiers (name, email address, IP address), internet or electronic network activity information (browsing history, usage data), and geolocation data (approximate location derived from IP address).

Categories of Personal Information Sold or Shared: None. We do not sell or share personal information.

To submit a request, contact us at info@voicesoftheforgotten.com. We will verify your identity before processing your request.

Residents of the European Economic Area, United Kingdom, and Switzerland

If you are located in the European Economic Area ("EEA"), the United Kingdom, or Switzerland, we process your personal data in accordance with the General Data Protection Regulation ("GDPR") and applicable local law.

10. CHILDREN'S PRIVACY

The Services are not directed to children under 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information promptly. If you believe we have collected information from a child under 13, please contact us immediately at info@voicesoftheforgotten.com.

For users between the ages of 13 and 16 in the EEA, we will obtain parental or guardian consent before processing personal data where required by GDPR.

11. INTERNATIONAL DATA TRANSFERS

Your information may be transferred to and processed in the United States or other countries where our service providers operate. We take steps to ensure that your information receives adequate protection in accordance with this Privacy Policy and applicable law, including through the use of Standard Contractual Clauses, data processing agreements, and other appropriate safeguards.

12. THIRD-PARTY LINKS

The Services may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties. We encourage you to review their privacy policies before providing any personal information.

13. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. The updated version will be indicated by the "Last Updated" date at the top of this page. If we make material changes, we will provide notice through the Services or by other means as required by law. Your continued use of the Services after any changes constitutes acceptance of the revised Privacy Policy.

14. CONTACT US

If you have questions about this Privacy Policy or our privacy practices, please contact us at:

Voices of the Forgotten Foundation, Inc.
Email: info@voicesoftheforgotten.com
Website: voicesoftheforgotten.com


DO NOT SELL OR SHARE MY PERSONAL INFORMATION

Voices of the Forgotten Foundation, Inc. does not sell or share your personal information as those terms are defined under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA).

If you have questions about how we handle your personal information or would like to exercise your privacy rights, including the right to access, correct, or delete your data, please contact us at info@voicesoftheforgotten.com. We will respond to your request within the timeframe required by applicable law.

For more details about our data practices, please review our Privacy Policy above.