Terms of service

Updated on August 2rd,2023

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By accessing this website, you acknowledge that you have read, understood, and agree to the following terms. In case you do not understand or agree to any of the terms, you should immediately exit this website. These terms of service (hereinafter “these terms") comprises a legally binding agreement between a user and XREAL Inc., its subsidiaries and affiliated companies (collectively,“XREAL”or "company"). The purpose of these terms is to stipulate rights, obligations, responsibilities and other necessary matters between a user and the company in relation with the access to, use of our website and any other website or mobile site where these terms are posted (collectively “websites”), and use of other related services provided by XREAL (collectively “services”). Before you access this website, please carefully read these terms. If you do not consent to these terms, use of XREAL services may be restricted. XREAL may revise these terms at any time by updating these Terms and posting updates on the websites. Accordingly, users should review the Terms periodically to determine if any changes have been made. Revised terms will be effective since the effective date as noticed. If a user uses XREAL services after such a revision, the user is deemed to have agreed with the revised terms.

1. Application and Scope

DO NOT USE THE WEBSITES UNLESS YOU HAVE FULLY UNDERSTOOD AND ACCEPTED THE TERMS OF SERVICE. BY ACCESSING OR USING THE WEBSITES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE THE WEBSITES, YOU AGREE TO BE BOUND BY AMENDED AND RESTATED XREAL TERMS. THESE TERMS ARE LEGALLY EFFECTIVE BETWEEN YOU AND XREAL.

2. Your right to use the websites and XREAL services

1. The websites are only for your personal use. You may not distribute, exchange, modify, sell, or transmit anything you copy from the websites, including but not limited to any text, images, audio, and video, for any business, commercial, or non-personal use purposes. You agree not to interrupt or attempt to interrupt the operation of the websites in any way.
2. You may use our websites only for lawful purposes. You may not use our websites:
   1. In any way that breaches any applicable local, national or international law or regulation.
   2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent intent, purpose or effect.
   3. For the purpose of harming or attempting to harm any person, especially minors, in any way.
   4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
   5. To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation.
   6. To knowingly transmit any data, or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other malicious programs or computer code designed to adversely affect the operation of any computer systems, either software or hardware.
3. When using our websites, you also agree:
   1. Not to reproduce, duplicate, copy, or re-sell any part of our websites in contravention of the provisions of the terms of our websites.
   2. Not to access without authority, interfere with, damage or disrupt: (1) any part of our websites; (2) any equipment or network on which our websites are stored; (3) any software used in the provision of our websites; or (4) any equipment or network or software owned or used by any third party.
   3. You are responsible for ensuring that all persons who access our websites through your internet connection are aware of, agree to and comply with these terms. You are jointly and severally liable for their actions in relation to their use of our websites.

3. Registration of user account

1. When you open an account with XREAL, you should provide true information only and is not to be protected for disadvantages from providing false information. The username and password used for the websites and services can be used by you only. You can not lend, transfer or sell the account to another person. XREAL has the right to suspend, close or delete an account without a notice in case where it finds the account is used by a person not originally registered or in XREAL’s reasonable judgment you have failed to comply with any of the provisions of these terms, and XREAL is not liable for and damages or loss of data as a result.
2. You should take reasonable measures to protect your account information and password. The company is not liable for the losses and results from the disclosure of the account and password due to reason imputable to you. You agree that you will inform XREAL without delay if and when the password or account is used without authority or there is a violation of security, etc. If you know or suspect that your account has been compromised, you must promptly notify us at support@xreal.com.
3. XREAL makes reasonable efforts to ensure the security of user accounts and information, but is not able to guarantee complete security. The company is not liable for the losses incurred from illegal behaviors such as hacking, spreading of viruses by a third party, etc. even though the company has made due efforts for security.
4. We may close your account and your corresponding services may be terminated if
   1. Your account has not been used to access any XREAL service or products for 12 consecutive months; and
   2. There is no service subscriptions associated with the account that has not expired.

4. Purchases and after sale service

1. You may place an order on the websites, your purchase and use of XREAL services will be subject to the company’s Terms of Sale and After Sales Service Policy.
2. Protection of personal data The company values relations with you and is aware that the secrecy of personal data you provided during XREAL services is an important factor of the relation. Please refer to our Privacy Policy for more information on how we collect and handle your information..

6. Third-party websites and content

1. Our websites may contain links to other websites, as well as articles, photographs, text, video or other content belonging to or originating from third parties or information and materials uploaded by other users of the website, including to bulletin boards and chat rooms (collectively “third-party websites and content”).
2. Such third-party websites and content are provided for your convenience only, and are not investigated, monitored, or checked by XREAL for accuracy, appropriateness, or completeness. Information and materials on third-party websites have not been verified or approved by XREAL. The views expressed by other users on our websites do not represent XREAL’s views or values. We do not guarantee that our websites, or any content on it, will be permanently available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our websites for any reason. If you wish to complain about information and materials uploaded by other users, please contact us. .
3. You should review the applicable terms and policies, including privacy policy, of any third-party website to which you navigate. XREAL is not liable to you over any claims arising from any purchases you make on third-party websites or from other companies.
4. You may link to XREAL’s home page, provided you do so in a way that is fair and legal and does not damage XREAL’s reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on XREAL’s part without XREAL’s written authorization. You must not establish a link to our websites in any website that is not owned by you. Our websites must not be framed on any other site, nor may you create a link to any part of our websites other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to link to or make any use of content on our websites other than that set out above, please contact us.

7. Interactive services

1. We may from time to time provide interactive services on our websites, including, without limitation chat rooms and bulletin boards (“interactive services”). Where we do provide any interactive service, XREAL will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
2. We will use our best efforts to assess any possible risks for you from third parties when you use any interactive service provided on our websites, and XREAL will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, XREAL is under no obligation to oversee, monitor or moderate any interactive service XREAL provides on our site, and XREAL expressly excludes our liability for any loss or damage arising from the use of any interactive service by you in contravention of XREAL’s content standards, whether the service is moderated or not. Our products and services are not intended for children under the age of 16 and you may not use our products and services if you are under the age of the majority in the jurisdiction where you reside. We advise parents or guardians who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware by their parents or guardians of the potential risks to them. Where XREAL does moderate an interactive service, XREAL will provide you with a means of contacting the moderator, should concerns or difficulties arise.
3. These content standards apply to any and all material which you contribute to our site (“contributions”), and to any interactive services associated with it. You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
   1. Contributions must:
   2. Be accurate (where they state facts).
   3. Be genuinely held (where they state opinions).
   4. Comply with applicable law in any country from which they are posted.
   5. Contributions must not:
   6. Contain any material which is defamatory of any person.
   7. Contain any material which is obscene, offensive, hateful or inflammatory.
   8. Promote sexually explicit material.
   9. Promote violence.
   10. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
   11. Infringe any copyright, database right or trade mark of any other person.
   12. Be likely to deceive any person.
   13. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
   14. Promote any illegal activity.
   15. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
   16. Be likely to harass, upset, embarrass, alarm or annoy any other person.
   17. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
   18. Give the impression that they emanate from XREAL, if this is not the case.
   19. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

8. Intellectual property right

1. XREAL owns all intellectual property rights regarding the content and other materials posted by XREAL on the websites. All intellectual property rights relating to the websites, including but not limited to copyright, trademark, patent, business secret and other monopoly information relating to the websites (including but not limited to text, image, audio, video, graphic, interface, design, layout structure, related data or electronic documents) are protected by current laws and related international treaties. You may not copy, download or print any portion of our websites without XREAL's prior written permission in each instance. Any permission granted will be for personal use only, and XREAL’s status (and that of any identified contributors) as the authors of content on our websites must always be acknowledged. You must not use any part of the content on our websites for commercial purposes without obtaining a license from XREAL or our authorized licensors. If you print off, copy or download any part of our websites in breach of these terms, your right to use our websites will cease immediately and you must, at XREAL's option, return or destroy any copies of the materials you have made, in addition to XREAL's other remedies under the law or in equity.
2. The intellectual property right or portrait right relating to the contents that are made, uploaded or disclosed by you via the websites and services belong to you and are not transferred to XREAL. You, however, recognize and agree that the contents uploaded or disclosed by you can be used by XREAL across the world to provide services within the limit permitted by law.
3. XREAL or our employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works via our websites. If you do so, you waive any and all rights in the content so transmitted, including any and all intellectual property rights, and agree that XREAL, our employees, or any third party may use your ideas and materials for any purpose and will not treat them as confidential or proprietary.

9. Warranty

XREAL AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS AND ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE WEBSITES, ANY PRODUCTS AND SERVICES CONTAINED ON THE WEBSITES OR THE SUITABILITY OF THE INFORMATION CONTAINED IN THE MATERIALS, INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THE WEBSITES FOR ANY PURPOSE. THE WEBSITES, ANY PRODUCTS OR SERVICES (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OBTAINED THROUGH THE WEBSITES, AND ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. XREAL AND/OR ITS RESPECTIVE SUBSIDIARIES, AFFILIATES, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITES, SUCH PRODUCTS AND SERVICES AND SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

10. Limit of indemnification and liability

1. You understand and agree to following to the extent permitted by law:
   1. The websites and services are provided to you "as it is" and you use the websites and services under your own responsibility and shoulder the risk by yourself.
   2. XREAL is not liable for damages or losses incurred as a result, including: (1) any damages or losses caused by users’ violation of this agreement; (2) any damages or losses caused by user’s use of our websites in a way not designed for or intended by XREAL; (3) Indirect loss or special loss; (4) Losses incurred by using our websites to link to third-party content; (5) Losses incurred by a reason imputable to the user (this include, but is not limited to physical injuries or harms to the user such as visual impairment from over usage of this services); (6) Other losses incurred from a reason that is not imputable to XREAL’s fault.
2. The company does not make any promise or guarantee for any detailed matters that are not specified in these terms in relation with services within the scope permitted by law, which are stated as exemption clauses. The company is exempted from any liability of guaranty for this service, including implicit guaranty on the aspect of product, aspect of adequacy and aspect of non-infringement, regardless of whether explicit or implicit. Except in cases where explicitly mentioned within the maximum limit permitted by law, the company is not liable for an infringement or a purported infringement of the websites and services to a third party’s ownership or intellectual property right.
3. In cases where there is a loss to the company or a third party by your violation of the provisions of these terms, you should indemnify all the loss incurred to the company or the third party. In cases where a third party claims compensation for damages incurred by your illegal behaviors or violation of these terms, you should exempt the company from the responsibility on your own responsibility and expenses and in cases where the company is not exempted, you should make compensation for all the losses incurred to the company.
4. We are not responsible for viruses, malware, trojans, spyware, or other malicious script or code of any kind or nature, and you must not introduce them. We do not guarantee that our websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our websites. You should use your own virus protection software. You must not misuse our websites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our websites, the server on which our websites are stored or any server, computer or database connected to our websites. You must not attack our websites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under several laws of several countries. We will report any such breach to the relevant law enforcement authorities and XREAL will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our websites will cease immediately.
5. If you use our websites for any commercial or business purposes, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our websites constitutes a violation of their intellectual property rights, or of their right to privacy.

11. Governing law and place

This agreement and any disputes, claims or proceedings arising out of or in any way relating to this agreement shall be governed by the laws of P.R. China without reference to its conflict of laws rules. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall first be resolved between the Parties through amicable negotiation, failing which, shall be referred to and finally resolved by a court of jurisdiction in Beijing, China.

12. Force Majeure

Unless otherwise provided in the terms and conditions of the relevant products or services, under no circumstances shall XREAL be held liable for any delay or failure or disruption of the content or the services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

13. Suspension and termination

XREAL will determine, in XREAL’s sole and absolute discretion, whether there has been a breach of these terms through your use of our websites. When a breach has occurred, XREAL may take such action as we deem appropriate. Failure to comply with these constitutes a material breach of the terms upon which you are permitted to use our websites, and may result in XREAL taking all or any of the following actions:

1. Immediate, temporary or permanent withdrawal of your right to use our websites.
2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our websites.
3. Issue of a warning to you.
4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5. Further legal action against you.
6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of these terms. The responses described in the terms are not limited, and XREAL may take any other action XREAL reasonably deems appropriate.

14. General conditions

1. These terms stated hereby comprises complete agreement between the parties and prevails against all written or oral communications, agreements, statements and related contents previously made. These terms prevail against other conditions or agreements included or mentioned in other methods or implicitly in a transaction, convention or the course of a transaction. All conditions or agreements known to against this are excluded to the extent permitted by law. XREAL may, from time to time, revise these terms, which will be effective on posting on the websites. Your continued use of XREAL websites and services shall be deemed as agreement to the revised terms.
2. You may not assign or transfer the using right or other status based on these terms and such assignment or transfer, if any, is invalid. The company’s failure to exercise any right under these terms does not constitute a waiver of the rights concerned. A waiver of rights under these terms is not valid unless otherwise consented to in writing and signed by the company. A waiver for a violation of agreement does not comprise a waiver for future violation or condition. In whatsoever reason, in cases where the company or the competent court decide a clause or a part of the clause of these terms is illegal, impossible to fulfill or invalid under the applicable laws of a specific jurisdiction: (a) these terms does not affect other jurisdiction within the scope not applicable of the decision or the finding; and (b) the rest clauses (within the maximum scope permitted by law) continue to remain in full effect. In cases where either party fails to fulfill the obligation under these terms due to a situation of force majeure, the party shall not be deemed to have breached such terms.
3. In cases where clauses in these terms become invalid or impossible to fulfill by whatsoever reason, other clauses remain valid and legally binding on both parties.

15. Language

These terms of service are written in the English language. Translations in other languages have been provided for your convenience. In case of discrepancies between the English text version and any courtesy translation, the English version shall prevail.

16. Contact us

If you have any questions about these terms, please contact us at: XREAL Inc. Email: support@xreal.com Address Zhongguancun, the Silicon Valley of Beijing. AVIC Plaza A2, 43 N. 3rd Ring W. Rd, Haidian District, Beijing, China