Terms and Conditions

Effective Date: February 2nd, 2019

PlugXR Terms of use Agreement

Thank you for deciding to use PlugXR, we are delighted that you are as curious as we are about the world around you!

It’s important that you read this Terms of Use Agreement (this “Agreement”) as it is a legally binding agreement between you and PlugXR (“PlugXR,” “we,” “us” or “our”) regarding PlugXR’s application, available for download on mobile devices (“PlugXR App” or the “App”), its website and its other products, services and features it may make available to you (the “Services”). By using or accessing the Services you agree to the terms of this Agreement. For some of our Services you may have additional terms and conditions to accept so please be aware of this and if there is any conflict between those and this Agreement then the new terms will apply to you.

What is PlugXR?

PlugXR is a one-stop access to the world of Augmented Reality. Packed with tons of features, to assist in the creation of quick and easy AR experiences, it’s just the right tool to flesh out your business creatively.

The PlugXR App uses the camera on your smartphone, whilst the app is enabled to recognise images through the camera and show on-screen dynamic content on top of what you see 'in the real world' – what’s known as 'augmented reality'.

We use artificial intelligence, computer vision technology and other functionality – including, where you choose to enable it, facial recognition technology – to make this happen.

You can find out more about our app and how it works at www.PlugXR.com

As part of our offering to other businesses, we enable them to offer AR feeds and augmented reality content via the PlugXR App, their own devices and/or web platforms as part of their advertising and marketing campaigns.

At PlugXR we are working to build a service which is useful and fun for our users. The PlugXR Services covered by this Agreement are constantly evolving as we add new features to improve your experience. We may need to update this Agreement as a result of this and so we would encourage you to regularly review it; the process for us updating it is set out in section 9 below.

PlugXR is the collective name for the group of companies whose parent is PlugXR, Inc. (registered in USA, File number 7199524). When we refer to ‘’we’’ or ‘’our’’ or ‘’PlugXR’’ in this Agreement we are referring to PlugXR, Inc.

" The PlugXR Services are intended to be used by those who are 13 and over; if you are not 13 then please do not continue to download or use the Services unless you have the express consent of your parent or guardian "

Privacy

Your privacy is important to us and so we encourage you to please read and understand the contents of our Privacy Policy before using the PlugXR App or PlugXR Creator or Services or accessing the PlugXR Platform.

Your Use of the PlugXR App & Creator & Services

The PlugXR App permits you to use the PlugXR software application for mobile devices (“PlugXR App”) and the PlugXR information technology augmented reality and image recognition platform (“PlugXR Platform”) that PlugXR may make available from time to time from your mobile device (“Device”).

Once you download the PlugXR App onto your Device and agree to be bound by this Agreement and the Privacy Policy, you may use the PlugXR App to use the PlugXR Platform.

Accessing Content we make available to you

We give you access to some great content! Our Service allows you to view, upload and store content created by us and from third parties including other users (“PlugXR Content”). So you can use the PlugXR Content, the Services and Platform, PlugXR grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable licence to it. This licence is for the sole purpose of letting you use and enjoy the Service consistent with this Agreement, our usage policies and any additional license terms you might receive.

Any software that we give you access to may automatically download and install upgrades, updates or other new features. Your Device settings may allow you to adjust these automatic downloads. You may not copy, modify, distribute, sell or lease any part of the Service nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so.

Sharing your User Generated Content with PlugXR

When you use the PlugXR App and Services to view PlugXR Content you may also be scanning images of what is around you or adding content yourself from other sources (“User Generated Content”). You are submitting this digital User Generated Content to our Platform.

Don’t worry, you retain whatever ownership rights that you had in the User Generated Content but so we can continue to provide you and other users with our Service you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, host, modify, display, reproduce, edit, publish, create derivative works from, publicly display, distribute and otherwise use the User Generated Content to enable us to operate, develop, make available, promote and improve the PlugXR Service and Platform.

Any User Generated Content you add must comply with our Community Guidelines. If your User Generated Content contains information about yourself, including your image, then please review our Privacy Policy where you will be able to learn more about what others can see about you and how you can manage that.

Third Party Content

We are lucky to be able to make available to you content from lots of different sources including other users, publishers and other third parties (“Third Party Content”). This is what enables us to give you such a great AR experience! We may review any content that appears on the Services – whether that’s added by you or a third party - and remove without notice any content that we reasonably believe to be in breach of this Agreement and all associated policies e.g., Community Guidelines, however, we are not obliged to do this and so we do not take responsibility for any content that others provide through the Services.

We welcome feedback and if you have comments or want to report an issue relating to PlugXR Content, User Generated Content or Third Party Content, including any content that you feel is outside of our Community Guidelines then please email us at info@PlugXR.com.

Proprietary Rights

We reserve all intellectual property rights in the PlugXR App, the PlugXR Services and the PlugXR Platform, except for the rights expressly granted in this Agreement and you accept and acknowledge that all intellectual property rights in the PlugXR Content belong to PlugXR or its licensors.

You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the PlugXR App, PlugXR Services, PlugXR Platform or any in PlugXR Content.

This Agreement does not grant you any right to use the trademarks, service marks, copyright works or logos of PlugXR, its licensors or any other third parties.

Termination

If you breach this Agreement or otherwise create unacceptable risk or exposure for us, we may immediately terminate this Agreement or cease to provide all or part of the Services to you. In such cases the Agreement will terminate except that Sections 4, 10-20 will survive termination and will continue.

We may terminate this Agreement for any reason by giving you notice. Upon termination, you will no longer be able to use the PlugXR App or Creator or Services and you must cease such use and also delete all copies of the PlugXR App that you have downloaded.

Your Restrictions and Usage Rules

You may not use the PlugXR App on any Device that you do not own or control, and you may not distribute or make the PlugXR App available over a network where it could be used by multiple devices at the same time.

You may not download the App on a Device that is not legally available in your country of residence.

You may not copy (except as expressly permitted by this Agreement and the usage rules described in Section 8.2), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the PlugXR App, PlugXR Services or any updates or any part thereof, or of any PlugXR Content (except to the extent any foregoing restriction is permitted by applicable law).

Usage Rules

You acknowledge that the PlugXR App contains security technology that limits your usage of the PlugXR App to the following applicable usage rules however whether or not the PlugXR App is limited by security technology, you agree to use the PlugXR App in compliance with the following applicable usage rules:

  • Your use of the PlugXR App is conditioned upon your prior acceptance of the terms of this Agreement.

  • You will be able to store the PlugXR App from up to five different Accounts (as defined in the Apple Terms of Service) on certain devices, including the Devices, at a time.

  • You will be able to store the PlugXR App on five authorized devices at any time.

  • You will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service).

  • The delivery of the PlugXR App does not transfer to you any promotional use rights in the PlugXR App or the PlugXR Content, &

  • You shall be able to manually sync the PlugXR App from at least one authorized device to devices that have manual sync mode, provided that the PlugXR App is associated with an Account (as defined in the Apple Terms of Service) on the primary iTunes authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes.

Changes to this Agreement

We may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in our products and services, in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice.

If we modify the Agreement, we will post a notice on the PlugXR website located at https://www.PlugXR.com, or put a notice within the PlugXR App. Your continued use of the Service following notice of the changes to the Agreement, policies, guidelines constitute your acceptance of our amended Agreement, policies or guidelines. You should discontinue to use the Service if you do not agree with the changes.

Infringement

Our Options

If the Service infringes or misappropriation, or in our reasonable determination is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense:

  • Obtain from the third party the right to continue to use the Service consistent with the rights granted hereunder; or

  • Modify or stop providing the PlugXR App or Service to avoid and eliminate such infringement or misappropriation.

Exclusions

We will not be liable for any infringement based on:

  • Modification of the PlugXR App by anyone other than us; or

  • the combination of the PlugXR App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the Software alone; or

  • Any Third Party Content

Disclaimer of Warranty

Our Options

If the Service infringes or misappropriation, or in our reasonable determination is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense:

  • Obtain from the third party the right to continue to use the Service consistent with the rights granted hereunder; or

  • Modify or stop providing the PlugXR App or Service to avoid and eliminate such infringement or misappropriation.

Exclusions

We will not be liable for any infringement based on:

  • Modification of the PlugXR App by anyone other than us; or

  • The combination of the PlugXR App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the Software alone; or

  • Any Third Party Content

Disclaimer of Warranty

The Services And Platform Have Been Developed With, And Are Provided With, Reasonable Care And Skill. Plugxr Does Not Make Any Other Promises Or Warranties About The Plugxr App Or Any Plugxr Content And In Particular Does Not Warrant That:

  • The Services Will Provide Uninterrupted Or Error-free Use And The Services Will Be Uninterrupted Or Error-free; And

  • The Services Will Operate Free From Loss, Corruption, Attack, Viruses, Interference, Hacking, Or Other Security Intrusion. You Shall Be Responsible For Backing Up Your Own System. Plugxr Does Not Warrant That The Plugxr Content Will Be Error-free, Complete, Accurate, Available Or Uninterrupted. Plugxr Expressly Disclaims Any Implied Warranties As To Merchantability Or Fitness For Purpose. Except As Set Out In Section 12 Below, Or In The Event That You Are Exercising Any Applicable Statutory Right To Refund Or Compensation, In No Case Shall Plugxr Be Liable For Any Loss Or Damage Caused By The Plugxr App Where:

    • There Is No Breach Of A Legal Duty Of Care Owed To You By Plugxr;

    • It Is Not A Reasonably Foreseeable Result Of Any Such Breach;

    • Any Increase In Loss Or Damage Results From Breach By You Of Any Term Of This Agreement;

    • It Results From A Decision By Plugxr, To Suspend Or Terminate Your Access To The Plugxr App Or The Plugxr Service, Or To Take Any Other Action During The Investigation Of A Suspected Breach Or As A Result Of A Breach, Of This Agreement;

    • It Relates To Loss Of Income, Business Or Profits, Or Any Loss Of Data Or Corruption Of Data In Connection With Your Use Of The Plugxr App Or The Plugxr Service; Or

    • The Loss Or Damage Is Indirect.

Limitation of Liability

Except as set forth in Section 13, PlugXR’s aggregate liability under this Agreement will shall be limited to the lower of the sum equal to the data cost of downloading the PlugXR App to your Device or £75.

No Limits or Exclusions

Nothing in this Agreement excludes or limits PlugXR’s liability for fraud, fraudulent misrepresentation or for death or personal injury.

Suspension of the PlugXR App and PlugXR Services

We can, at any time, suspend your use of the PlugXR App and/or PlugXR Services. We will do this if we think it is reasonably necessary because

  • We have concerns about the security of the PlugXR App, PlugXR Platform or PlugXR Services;

  • We are obliged to do so in order to comply with the order of a court, regulatory authority or other government body;

  • We reasonably believe that your account information or augmented reality face profile is fake and/or you are impersonating another person;

  • We reasonably believe that you are using the PlugXR App or PlugXR Services in a manner that is inconsistent with or breaches any of our or third parties’ usage rules; or

  • We are investigating a report against your account or any User Generated Content you have added.

We will usually give you advance notice of any suspension and tell you why. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally, we may not be able to contact you to give you advance notice.

Mobile & Other Devices

We currently do not charge you for use of the PlugXR App but please be aware that your carriers normal rates and fees, such as data charges, will still apply.

Access to PlugXR Content & Third Party Sites

Your access to PlugXR Content is entirely at our discretion. We have the right to remove or change PlugXR Content at any time without notice to you and to determine which PlugXR Content you will have access to at any given time. We make no guarantee that PlugXR Content will be constantly or consistently available. PlugXR has no liability to you for the content of any Third Party Content.

You acknowledge that PlugXR Content is for general information purposes only and is not intended to be relied upon for specific advice.

If any PlugXR Content contains links to third party applications or websites (“Third Party Sites”), you accept and acknowledge that PlugXR is not responsible for the content or functioning of such Third Party Sites. We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links in the PlugXR Content does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. If you choose to access Third Party Sites, you do so at your own risk and you agree to be bound by any additional terms of use (including any third party privacy policies) that apply to such Third Party Sites. PlugXR has no liability to you for your use of any Third Party Sites.

Injunctive Relief

We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.

Choice of Law and Jurisdiction

This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with English law. The Parties hereby agree to submit to the exclusive jurisdiction of the English Courts in respect of all disputes arising out of or in connection with this Agreement.

APPLE INC

If the Platform that you download, access and/or use runs on Apple’s iOS operating system:

  • The Platform may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;

  • Our acknowledge and agree that:

    • Apple has no obligation at all to provide any support or maintenance services in relation to Platform. If you have any maintenance or support questions in relation to the Platform, please contact us, not Apple, using the contact details set out at the end of this Agreement;

    • Except as otherwise expressly set out in this Agreement, any claims relating to the possession or use of the Platform are between you and us (and not between you, or anyone else, and Apple);

    • In the event of any claim by a third party that your possession or use (in accordancewith this Agreement) of the Platform infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and

    • Although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;

  • you represent and warrant that:

    • You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and

    • You are not listed on any United States Government list of prohibited or restricted parties; and

  • If the Platform does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Platform (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Platform and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using the Platform or relying on any of its content.

Miscellaneous

IP Infringement

you represent and warrant to us that the User Generated Content does not and will not infringe the rights (including the intellectual property rights) of any third party, is not obscene, defamatory, pornographic or otherwise offensive, and shall comply with all applicable laws, rules and regulations. If any claim or allegation is made against us, that the User Generated Content infringes any laws and/or the rights (including, without limitation, the intellectual property rights) of any third party you agree to help us resolve this and also indemnify PlugXR from and against all claims or losses that PlugXR might suffer as a result of such infringement.

Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the use of this PlugXR App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.

Third Party Beneficiaries

Any person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of this Agreement.

Non-Waiver

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.

Severability

The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.

Assignment

You may not assign your rights under this Agreement to any third party; we may freely assign our rights under this Agreement and the Agreement, including for the purposes of a merger, acquisition, sale of assets, by operation of law or otherwise.

Product Questions, Comments, Claims and Contact Information

We are responsible for addressing any questions, comments or claims relating to the PlugXR App and Service and/or your use of the PlugXR App and Service, including but not limited to:

  • Product liability claims

  • Personal data claims;

  • Any claim that the PlugXR App fails to conform to any applicable legal or regulatory requirement; and

  • Claims arising under consumer protection or similar legislation.