Meta Platforms Technologies Products Commercial Terms
Last updated: 1 January 2025
MPT Products (as defined in the Supplemental Meta Platforms Technologies Terms of Service, located at https://www.meta.com/legal/quest/updated-terms-of-service/) may be used for personal and non-commercial purposes (referred to herein as "personal use"), and for commercial, business, and other non-personal purposes (referred to herein as "commercial use"). These Meta Platforms Technologies Commercial Terms ("MPT Commercial Terms") cover commercial use of MPT Products, and such commercial use is governed by the Meta Terms of Service (located at facebook.com/terms/), the Supplemental Meta Platforms Technologies Terms of Service (located at https://www.meta.com/legal/quest/updated-terms-of-service/), and these MPT Commercial Terms, which collectively form an agreement ("Terms") between you and Meta Platforms, Inc. ("Meta" or "we" or "us" or "our"). References to "you" or "your" herein mean the person, company, corporation, organisation, business, partnership, sole proprietorship or other entity (each herein referred to as an "entity") on behalf of which, or for whose benefit, the commercial use takes place. Commercial use is also governed by our Supplemental Meta Platform Technologies Privacy Policy (located at https://www.meta.com/legal/quest/updated-privacy-policy/), which supplements the Meta Privacy Policy (located at facebook.com/policy) and together those policies explain how we collect, use and share information when you use MPT Products. The term "Meta Products" as used in our terms and policies includes MPT Products.
For purposes of these MPT Commercial Terms, references to the "Supplemental Terms" herein mean the Supplemental Meta Platforms Technologies Terms. The data policy or policies applicable to commercial use of an MPT Product will depend on how you access such product. The applicable data policies applicable to your commercial use of MPT Products are our Supplemental Meta Platforms Technologies Privacy Policy (located at https://www.meta.com/legal/privacy-policy/) and the Meta Privacy Policy (located at facebook.com/policy); together, these two policies explain how we collect, use and share information when, using your Meta account, you engage in commercial use of a MPT Product.
Certain Meta Company Products that are not Meta Products are also available for use on the MPT Products, and your use of them is subject to the relevant Terms and Conditions for those Meta Company Products (including relevant data policies). In addition, certain Third-Party Services (as defined in the MPT Terms) are available on the MPT Products, and your use of those services may be subject to the terms, conditions and policies governing those Third-Party Services, which may include limitations or prohibitions on commercial use of such services (see the Supplemental Terms for further details).
If you are engaged in any commercial use of an MPT Product, you represent and warrant, to the extent permitted by applicable law, that you are not doing so as a consumer. Furthermore, to the extent that you are an individual engaged in any commercial use of an MPT Product, you represent and warrant that you have the legal authority to bind to the Terms any entity on behalf of which, or for whose benefit, you are using an MPT Product.
If you are an entity engaged in any commercial use of MPT Products, you represent and warrant that you (a) have the legal authority to bind to the Terms those employees and representatives to whom you make available MPT Products for their commercial use and (b) will be responsible for the acts or omissions of such employees and representatives in connection with their commercial use of MPT Products.
These MPT Commercial Terms apply to any commercial use of an MPT Product, regardless of whether the MPT Product is purchased by an individual user or by an entity that makes it available for commercial use by an individual user, and regardless of whether the MPT Product is used solely for commercial use or for a combination of commercial and personal uses. If you use an MPT Product for any personal use, the applicable provisions of the Supplemental Terms and Meta Terms of Service (and not these MPT Commercial Terms) apply to such personal use.
Before making an MPT Product available for commercial use by others, you must notify them that their commercial use of MPT Products will be governed by the terms and that their data will be subject to the applicable data policies referenced above. You must not make the use of an MPT Product mandatory as a condition of employment or any other dealing that you have with any other entity or individual user. You acknowledge that Meta is not obligated to provide or make available any information related to an individual user's personal accounts to an entity associated with the user.
Except as expressly authorised herein or with our written consent, you are not permitted to make any MPT Products available for secondary commercial use by third parties, including by selling or renting MPT Products to such third parties. You may make your Meta VR Products available to third-party customers ("Customers") in connection with your commercial use of Meta VR Products for location-based experiences, arcades, training sessions or demonstrations (each, an "Extended Use"), provided that you will:
be responsible for all customer access and use of the Meta VR Products;
separately obtain any necessary permissions or licences to any third-party services that you permit to be used with the Meta VR Products in the extended use;
collect and set the fees (if any) you charge to customers, including any sales, value-added or other taxes as required by applicable law;
ensure the proper maintenance of the premises where the extended use takes place by, at least, keeping the premises clean (if applicable), providing sufficient space for optimal use of the Meta VR Products, keeping the Meta VR Products clean and in good working order and ensuring that the Meta VR Products are regularly charged;
prior to allowing customers to use the Meta VR Products, provide a video or some other "proper use" training that instructs customers on the proper use of the Meta VR Products and sufficiently warns customers about balance and other safety-related issues;
provide to customers all content-specific warnings for third-party services that you use in your extended use, including any warnings provided by the third-party service provider;
provide to customers accurate and complete disclosures that comply with applicable law regarding the privacy and security of any data collected, used, stored, transferred or processed by you in connection with your customers' use of any software or experiences that you provide and of the Meta VR Products, which, at a minimum, will include the following disclosures:
That you will collect, use and have access to data about a customer's end users for the purposes of provisioning, managing and monitoring the customer's use of Meta VR Products or other software and experiences that you provide, and for providing support to customer; and
Meta is not responsible for the collection, use, storage and disclosure of data by you related to customer's use of Meta VR Products or other software and experiences that you provide.
follow all health and safety warnings provided by Meta with or in connection with the use of the Meta VR Products.
You are responsible for ensuring that the privacy settings for use of an MPT Product are satisfactory to you and to each individual user of the MPT Product.
Except as expressly authorised herein or with our written consent, you may not use or take any actions to use Meta VR Product devices with any apps or other software that: (i) disable, override or otherwise alter the Meta VR Product devices' operating system, any system-level features or other system behaviour; (ii) contain any features, functionalities or other elements that could confuse users regarding the distinction between (1) such apps or software and (2) the system-level software, settings or controls for the applicable Meta VR Product device (for example, by mimicking any system-level feature, or introducing any feature that users would reasonably expect to be a system-level feature); (iii) suppress user access to Meta health and safety warnings, information or instructions, terms of service, privacy policies, notices or disclosures, codes of conduct, or other terms, policies, notices or similar items, including those available to users through device settings or as included in device setup or feature enablement user flows; or (iv) use developer accounts or developer test accounts for purposes other than the development of applications in accordance with the Meta Quest Developer Policies and Meta Platform Technologies SDK Licence Agreement.
To the fullest extent permitted by applicable law, except for the limited warranties set forth in Section 9 of these MPT Commercial Terms, (i) MPT Products are provided "as is" for commercial use and we make no representations or warranties about commercial use of MPT Products; (ii) we make no representations or guarantees that MPT Products always will be safe, secure or error-free, or that it will function without disruptions, delays or imperfections; (iii) we expressly disclaim any liability for any commercial use, whether of an MPT Product dedicated solely to commercial use or of an MPT Product used both for commercial and personal uses; and (iv) we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, ORAL OR WRITTEN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Under applicable law, it may not be possible to exclude certain statutory warranties or guarantees and, in that event, to the fullest extent permitted by applicable law, we limit our liability to the replacement or repair, or cost of replacement or repair, of the MPT Product. We do not control or direct what third parties do or say, and, to the fullest extent permitted by applicable law, you agree that we are not responsible for such third parties' actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful and other objectionable content). You expressly acknowledge and agree that, to the fullest extent permitted by applicable law, your access to and use of MPT Products is at your sole risk and no oral or written information, guidelines or advice given by Meta will create a warranty.
Our liability shall be limited to the fullest extent permitted by applicable law, and, subject to this limitation, under no circumstance will we be liable to you for any lost profits, revenues, information, data or content, or for any consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to these MPT Commercial Terms, the Supplemental Terms or the Meta Products (including MPT Products), however caused and on any theory of liability, including negligence, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these MPT Commercial Terms, the Supplemental Terms or the Meta Products will not exceed the greater of USDÂ 100 or the amount that you have paid us in connection with the applicable MPT Product in the past twelve months. In some jurisdictions, this may not be possible and, in that event, our liability is limited to the fullest extent permitted by applicable law.
We do not warrant that MPT Products can be commercially used in any specific regulated field or sector (for example, the government, healthcare, financial services or educational fields), or is suitable or designed for use for any particular commercial use, field or sector, or security environment. It is your responsibility to determine whether an MPT Product can be used in compliance with applicable laws and regulations in relation to any particular commercial use or regulated field or sector, as well as any applicable video recording, audio recording, biometric data, and other privacy and data protection laws. You agree not to use an MPT Product for any commercial use that, under applicable law, would impose additional legal requirements on us or otherwise expose us to any liability relating to any third party.
THERE ARE IMPORTANT HEALTH AND SAFETY WARNINGS AND INSTRUCTIONS THAT YOU MUST READ BEFORE USING A MPT PRODUCT, WHICH ARE AVAILABLE AT https://www.meta.com/legal/quest/health-and-safety-warnings/. FOR AVOIDANCE OF DOUBT, AND AS STATED IN SUCH HEALTH AND SAFETY WARNINGS, MPT PRODUCTS ARE FOR INDOOR USE ONLY.
WARNING: FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO AN MPT PRODUCT DEVICE, ACCESSORIES OR ANY CONNECTED DEVICES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING THE MPT PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU, AND ANY OTHERS TO WHOM YOU HAVE MADE AVAILABLE ACCESS TO OR USE OF MPT PRODUCTS, HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.
MPT Product devices are covered by a Limited Warranty (located at https://www.meta.com/legal/limited-warranty/) offered by Meta Platforms Technologies, LLC. Nothing in these MPT Commercial Terms or the Supplemental Terms is intended to either abridge or expand the scope of that limited warranty. NOTE: YOUR COMMERCIAL USE OF META PLATFORMS TECHNOLOGIES PRODUCTS DOES NOT PROVIDE YOU WITH ENTERPRISE-LEVEL WARRANTY AND SUPPORT SERVICES, WHICH MAY OTHERWISE BE AVAILABLE FOR EXISTING META VR PRODUCTS OR MPT PRODUCTS.
To the fullest extent permitted by applicable law, you agree to defend (at our request), indemnify and hold harmless Meta and its affiliates, its and their independent contractors and service providers, and each of their respective directors, officers, employees and agents (collectively, "Meta Parties"), from and against any claims, liabilities, damages, losses and expenses (including, but not limited to, reasonable legal fees and costs) arising out of or in any way connected with (a) your purchase or use of, or inability to use, the MPT Products, (b) your violation of any applicable law or any rights of any third party, (c) any actual or alleged breach by you (or by any third party to whom you made available access or use of the MPT Products) of the Terms or any other applicable terms, policies, warnings or instructions provided by Meta or a third party in relation to the MPT Products, (d) any use of an MPT Product in violation of applicable law, or any distribution, transfer or export of an MPT Product, by you and any other user of the MPT Products, (e) any content that you provide, upload or transmit via Meta Products, and (f) any access to or use of the MPT Products by any third party to whom you have made available access or use of the MPT Products. In the event that you provide a Meta Party's defence to such a claim, you agree that such Meta Party (x) shall be consulted regarding, and shall have the right to approve (at our sole discretion), defence strategy, any appeal and any settlement of the claim, (y) shall have the right to select defence counsel and (z) may further participate in the defence of the claim with counsel of our own choice at our own expense.
Certain commercial uses may involve activities that pose a high risk of causing death, bodily injury or damage to property, including, but not limited to, use in connection with hospital or medical care services, emergency response or notification systems, other critical services or systems requiring high availability or reliability, and similar activities (collectively, "high-risk use"). MPT Products were not designed for high-risk use or any activities requiring fail-safe performance. To the fullest extent permitted by applicable law, we disclaim any responsibility for any high-risk use of MPT Products, and disclaim any express or implied warranty of fitness of MPT Products for a high-risk use.
You agree to arbitrate any claim, cause of action or dispute between you and Meta that arises out of or relates to these MPT Commercial Terms or your commercial use of the MPT Products ("Commercial Claim"). This provision does not cover any commercial claims relating to (i) violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of the Brand Usage Guidelines, violations of your or our confidential information or trade secrets, or (ii) efforts to interfere with MPT Products or engage with MPT Products in unauthorised ways (for example, automated ways). If a Commercial Claim between you and Meta is not subject to arbitration, you and Meta agree that such claim must be resolved exclusively in the US. District Court for the Northern District of California or a state court located in San Mateo County, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim. Without prejudice to the foregoing, you agree that Meta, in its sole discretion, may bring any claim that it has against you related to efforts to abuse, interfere or engage with MPT Products in unauthorised ways in any competent court in the jurisdiction in which you reside that has jurisdiction over the claim, provided; however, if you are a consumer and the foregoing forum provision is unenforceable under applicable law, such claim will be resolved in a court located in your jurisdiction of residence.
We and you agree that, by entering into this arbitration provision, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING. For example, you may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular commercial claim (or a request for particular relief) cannot be arbitrated according to the limitations of this Section, then only that commercial claim (or only that request for relief) may be severed and brought in court. All other commercial claims (or requests for relief) will remain subject to this Section. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions. If any party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing. This notice of dispute to us must be sent to the following address: Meta Platforms, Inc., 1601 Willow Rd., Menlo Park, CA 94025, US. The arbitration will be governed by the AAA's Commercial Arbitration Rules ("AAA Rules"), as modified by these MPT Commercial Terms, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator's award will be maintained as confidential only to the extent necessary to protect either party's trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that we will pay for your filing, administrative and arbitrator fees if your commercial claim for damages does not exceed USD 75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you do not wish to be bound by this provision (including its waiver of class and representative claims), you may exercise your right to opt out in accordance with the dispute resolution provision set forth in the Supplemental Terms; by exercising such right to opt out under the Supplemental Terms, you will be deemed to have also opted out of the obligation to arbitrate any commercial claim under this Section of these MPT Commercial Terms. All commercial claims between us, whether subject to arbitration or not, will be governed by California law, excluding California's conflict of laws rules, provided; however, if you are a consumer and applicable law requires the application of a law other than California law, such other law will govern.
These MPT Commercial Terms may be updated from time to time to accurately reflect our services and practices. If changes to these MPT Commercial Terms would adversely affect your commercial use of MPT Products or your responsibilities under these MPT Commercial Terms, we will notify you before we make such changes and give you an opportunity to review them before they come into effect. We may also notify you in advance regarding other changes to these MPT Commercial Terms where required to do so by applicable law. We hope that you will continue using MPT Products, but if you do not agree to our updated MPT Commercial Terms, you must cease commercial use of MPT Products, and, if you are an entity, cause your employees and representatives to do the same. Your continued commercial use of MPT Products after the effective date of the updated MPT Commercial Terms constitutes your acceptance of those terms.
With respect to your commercial use of MPT Products, if there is a conflict between, on the one hand, these MPT Commercial Terms and, on the other hand, the Supplemental Terms or the Meta Terms of Service, these MPT Commercial Terms shall govern to the extent of the conflict.
These MPT Commercial Terms are effective until terminated and will terminate when the Supplemental Terms between you and us are terminated. Upon such termination, the provisions in Sections 6-16 of these MPT Commercial Terms will remain in place and survive termination.
For avoidance of doubt, the provisions stated in Section 4.5 of the Meta Terms of Service also apply to these MPT Commercial Terms. Meta may at any time assign, transfer, charge or subcontract all or any of its rights or obligations under these MPT Commercial Terms. Nothing in these MPT Commercial Terms limits any of our rights under the Meta Terms of Service or any additional terms that they reference.
The terms (and any agreements incorporated by reference therein), make up the entire agreement between you and Meta regarding your commercial use of MPT Products, and supersede any prior agreements between you and us regarding such commercial use.