XRSPACE is an application of AI XR social entertainment platform developed by XRSPACE Co., Ltd. (“we”, “us” or “our”), which lets people to create, express and enjoy performance, comics and animes, and enables unprecedented capabilities with amazing AI powered avatars (“XRSPACE Service” or “Service”).  

These XRSPACE Terms of Use (“Terms”) set forth the conditions, rights and obligations, by which all users who apply for the use of XRSPACE Service (“users” or “you”), on your download, installation, access to and use of XRSPACE Service. Please read Terms carefully before beginning to use XRSPACE Service. Once you click the “Let’s Create!” button and continue to register a user account or continue to sign in to use XRSPACE Service, it shall be deemed that you have agreed and are willing to abide by all the provisions of Terms and comply with relevant laws and regulations. If you do not agree to Terms, please do not register the user account or use XRSPACE Service. 

We may revise Terms from time to time and update the date on Terms last updated on our official website or further provide a pop-up window on the landing page of XRSPACE Service for you to access the information. Your continued use of XRSPACE Service will be deemed that you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you shall no longer use XRSPACE Service, and should contact us to delete your user account.

1. Age Requirement

XRSPACE Service is not provided for children under the age of 13. If you are a minor in your jurisdiction of residence, you must ask your parents or legal representative to carefully read Terms and obtain their consent so that you can use XRSPACE Service. By using XRSPACE Service, you represent that you are at least 13 years old, and your parents or legal representatives have agreed to your use of XRSPACE Service. In case of violation, we may terminate your use of XRSPACE Service at any time. 

2. Device Requirement

In order to use XRSPACE Service, you need a device which can meet the requirements of system software and hardware, transmission capabilities, and version compatibility. The quality of XRSPACE Service may be affected by many factors, such as your location or network bandwidth and speed etc. You are responsible for the charges of Internet service and third-party service incurred for accessing XRSPACE Service when using XRSPACE Service.

3. User Account

Before you use XRSPACE Service, you must register a user account. You can register a user account by providing the information of your email address, mobile phone number and/or password, or with a third-party account (such as a mobile operator account, an Apple account or a Google account). By registering a user account, you represent and warrant that (i) the information you provide is true and correct, and (ii) you have no previous record of suspension or termination of use by XRSPACE.

If you choose to register the user account with a third-party account, we may obtain your information from these third-party accounts. Depending on the information you provided to the third party and the agreement between you and the third party, the information may include your email address, name, age, subscription type, and the country/region to which your third-party account belongs, etc. Such information is helpful to us in determining what content you may or are allowed to access. Once you agree to provide the information, we may also be authorized to take some actions on your behalf, and such authorization will be clearly notified to you before you provide it. 

You are solely responsible for maintaining the confidentiality and security of your user account. We are not responsible for any loss caused by unauthorized use of your user account. If you suspect that your user account is misappropriated, please immediately notify us via email. Without our prior written consent, your user account (including any related benefits) or any related contractual rights, authorizations, or obligations, you may not sell, assign or transfer to any third party. 

4. Pre-Release Test

We may provide access to preview, early access, alpha, beta, or similarly designated pre-release versions of XRSPACE app (collectively, “Pre-Release Test”). Please note that these versions may only have limited features, may be available only for a limited period of time, and may contain other limitations. If you participate in a Pre-Release Test designated as confidential by us, you shall keep all information regarding such Pre-Release Test (including XRSPACE Service, contents, and features provided in such Pre-Release Test) and your participation confidential, including after public announcement of such Pre-Release Test, until we give you authorization that you may disclose this information. You agree that (i) Pre-Release Tests may contain bugs that may cause loss of data or damage to your device; (ii) you participate Pre-Release Tests at your own risk and we are not liable for loss of data or damage to your device caused by Pre-Release Tests in accordance with Disclaimer in Article 13 and Limitation of Liability in Article 14; (iii) any material and content that you provide or generate as well as any setting and usage history associated with your user account in Pre-Release Tests may be deleted where necessary at our discretion during the testing process; and (iv) you shall not provide your download link, access code or key of Pre-Release Tests to any other person without our prior written consent. 

5. Advertisement

You understand and agree that we have the right to display third-party commercial advertisements, promotions or information (including commercial and non-commercial information) on XRSPACE Service. All advertising contents, text descriptions, pictures, samples or other sales information that you browse through XRSPACE Service are designed and proposed by the respective third-party advertisers and product or service providers. You shall make your own discretion and judgment on the accuracy and credibility of advertisements. You shall be responsible for any purchases, transactions and any damages or losses suffered therefrom in accordance with the information arising from advertisements or promotions, and in no event will we be liable for any of the aforementioned circumstances.

6. License

The contents, information, materials and tools on XRSPACE Service, including but not limited to XRSPACE trademarks, logos and icons, applications, games, web browsers, avatars, sounds, graphics, images, photos, pictures, videos, texts, works of creation, communication features, interactive features, transmission features, generative AI (artificial intelligence) features and the contents and materials generated thereby (collectively, “XRSPACE Content”) are either owned or licensed by us or third parties and protected by applicable laws. 

You acknowledge that all XRSPACE Service and Content are protected by patent law, trademark law, copyright law and other intellectual property laws. By agreeing Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use XRSPACE Service and Content for your personal non-commercial use only. In addition to the above, all rights, ownership and interests in XRSPACE Service and Content are not transferred to you. We reserve all rights not expressly granted to you in Terms. If you use XRSPACE Service or Content for commercial or unauthorized purpose without our express consent, we may take any appropriate measures to limit, suspend or terminate your use of any of or all XRSPACE Service or Content at our discretion.

7. User Content

Users of XRSPACE Service can create, share, transmit, publish or upload your avatars, moods, 3D Reels, spaces, motions, comments, messages, texts, sounds, recordings, pictures, photos, videos or virtual objects, etc. (collectively, “User Content”) through Service. Once you publish your User Content through Service, you have granted us a non-exclusive, fully transferable, sub-licensable, worldwide, royalty-free, and perpetual license (the full validity period and subsequent extension of the rights if the law does not allow perpetuity) with respect to such User Content, for the purpose of operating and providing XRSPACE Service and Content to you and other users, by using any tools and means that we deems appropriate, to host, use, copy, reproduce, modify, edit or translate your User Content, create derivative works, publicly display, publicly broadcast, publicly transmit, market, promote, distribute and share your User Content, and license other users on Service and other third parties, in any format and on any other platforms, to view, access, use, download, modify, edit, reproduce, create derivative works, publish and/or transmit your User Content, either now published or hereinafter created. If you do not grant the license, you will not be able to use Service. For the avoidance of doubt, your User Content includes all the data and information that you upload or be collected through your device for connecting to XRSPACE Service. 

You represent and warrant that you own all your User Content or have obtained all the necessary rights to grant us a license in accordance with Terms. You also represent and warrant that your User Content or any of our use of your User Content through XRSPACE Service will not infringe, misappropriate or violate the intellectual property rights, rights of publicity or privacy of any third party, or lead to violations of any of applicable laws or regulations. To the extent permitted by applicable laws, you agree not to assert your moral rights (or equivalent rights under applicable laws) against us or any third party associated with XRSPACE Service, such as attribution of authorship of any User Content. 

We do not claim ownership of your User Content. However, if we consider that any User Content violates Terms, or may cause damage to us, third parties or other users, we have the right to remove, delete or refuse to display such User Content at our discretion. 

You can delete some of your User Content individually or all at once by deleting your user account. Your deleted User Content is no longer visible to other users upon your deletion except that, under the following circumstances, User Content may still be retained on XRSPACE Service: 

1. User Content cannot be immediately deleted due to technical limitations of our system (in which case, the deletion will be completed within a maximum of 90 days from the date of your deletion);

2. Your deleted User Content involves that of other users or has been used by other users in creating their User Content which is not deleted (in which case, the license will continue to be valid until all related content is deleted); or

3. Deletion of your User Content will restrict our ability to: (i) investigate or identify illegal activities or violations of Terms, such as misuse of Service; (ii) comply with legal obligations, such as preservation of evidence; or (iii) comply with requests from judicial, administrative, governmental or law enforcement authorities.  

User Content will be retained for no longer than necessary for the purpose for which it was retained. Under all circumstances, the license will continue to be valid until such User Content is completely deleted.

8. Third-Party Content

You may access the content provided by third parties (“Third-Party Content”) through XRSPACE Service. Please be aware that we only act as an intermediary between third party and you and are neither a party to the license agreement or terms of service between you and the third party, nor owns the right to Third-Party Content. In this case, we shall not be considered the licensor of Third-Party Content, to have granted you any rights to use Third-Party Content, to assume any obligation or responsibility with respect to Third-Party Content, or to make any representations or warranties with respect to Third-Party Content. The third parties are solely responsible for their Third-Party Content (including update or maintenance of such Third-Party Content, if any), of which we do not guarantee the accuracy or reliability, nor do we guarantee its accessibility at any time.  

If you use any Third-Party Content through Service, the applicable respective third party’s terms will govern their relationship with you, and you need to comply with any agreements reached between the third parties and you. Before importing any Third-Party Content to create your User Content, you must obtain consents or authorizations from such Third-Party Content owner(s). Once you decide to import Third-Party Content into Service, it shall be deemed that you have obtained all required rights with respect to such Third-Party Content and Article 7 of Terms will apply accordingly.

9. Prohibited Conduct 

You agree to be compliant with Terms and be solely responsible for and bears any consequences arising from your conduct and your User Content published on XRSPACE Service whenever you use Service. Unless expressly permitted by Terms or laws, the following conduct is prohibited on XRSPACE Service: 

1. Distribute, transfer, sublicense, lease, rent, lend or sell XRSPACE Service or Content or any parts thereof (including your user account) to any third party, or otherwise provide them in any way that we do not allow to any third party;

2. Attempt to decrypt, decompile, disassemble or reverse engineer any part of XRSPACE Service or Content, or otherwise extract the source code of XRSPACE application;

3. Delete, change or obscure any copyrights, trademarks, service marks or other proprietary notice of or accompanying XRSPACE Service or Content;

4. Except for legitimate interests (for example, reporting abusive or unethical conduct on XRSPACE Service), collect, store or share any personal information of other users on XRSPACE Service without their explicit consent;

5. Attempt to access XRSPACE Service or Content or download any User Content through XRSPACE Service by means of technology or tools (including but not limited to automated software, robot, scraper, crawler, data mining tool, agent, engine or any type of equipment) which are not provided by us or the third party approved by us;

6. Bypass, delete, disable, decrypt or otherwise circumvent any technical measures implemented by us or other third parties (including other users) to protect XRSPACE Service or Content;

7. Use, display, copy, mirror or frame XRSPACE Service or Content, our company name, trademark, logo or other proprietary information, or layout and design of any part of XRSPACE Service or Content without our express consent;

8. Upload, post, publish, submit, or transmit any User Content that infringes, misappropriates, or violates third party’s patents, trademarks, copyrights, trade secrets, moral rights or other intellectual property rights, private or confidential information, or rights of publicity or privacy;

9. Post or publish objectionable, offensive, illegal, deceptive or harmful User Content, or that related to terrorists, hate speech, incitement to violence, or crime;

10. Upload, post, publish, submit, or transmit any defamatory, insulting, threatening, offensive, indecent, obscene, pornographic, violent, gore, gambling, abuse, falsehood, violation of public order or good customs or other illegal texts or pictures or any form of files or content;

11. Sell weapons, drugs, prohibited drugs, pirated software or other prohibited goods;

12. Provide any substantial support or resources for terrorist acts;

13. Attempt to probe, scan or test vulnerability of Service, or violate or circumvent any security or identity verification measures;

14. Use any hidden texts or metadata with our trademarks, logos, or URLs without our express consent;

15. Interfere with or damage operation of XRSPACE Service by means of, including but not limited to, sending viruses, overloading, flooding, or bombing;

16. Send spam, including but not limited to unsolicited or unauthorized advertisements, promotional materials or informational announcements;

17. Delete, obscure or change in any way any name indications, warnings or links that appear on XRSPACE Service or Content;

18. Violate any applicable laws or regulations;

19. Encourage or induce anyone to engage in any of the above conduct; and

20. Use XRSPACE Service or Content or any part thereof for any commercial purpose without our express consent or in a way that is not permitted by Terms. 

We adopt zero tolerance rules for objectionable content and abusive users on XRSPACE Service. We may temporarily or permanently restrict your access to XRSPACE Service or Content, or revoke all or any part of the above authorization if we believe that you violate Terms. If you find any inappropriate User Content or users that violate the above rules, please send us an email at support@xrspace.io by report feature. We will take reasonable measures to expeditiously remove the inappropriate User Content that we become aware of.

10. Intellectual Property Rights

If we receive a complaint notice of suspected copyright infringement with respect to User Content, we may delete, remove or prohibit access to such User Content. If you believe that any content on XRSPACE Service infringes the copyright you own or control, please submit your complaint by sending an email at support@xrspace.io through report feature. Please note that the complaint should be sent by the copyright owner or the person authorized to act on behalf of the copyright owner. In the complaint, please clearly describe the copyrighted work you claimed to have been infringed and attach the evidence of infringement. Please be sure to consider whether fair use of copyright or similar exceptions may apply. In addition, you must provide your real name and effective contact information, such as mobile phone number and email address, etc., in the complaint. You understand and agree that we may collect any necessary information from you to ascertain your complaint and consider the opinions from the users who are suspected of infringing. If you deliberately make false statement in your complaint, it will be likely to cause damage to us or the suspected infringers (including but not limited to goodwill, commercial interests, and legal fees, etc.) and you shall compensate us or the suspected infringers for such damage. 

11. Update and Maintenance

We may provide updated version of XRSPACE application, and unless otherwise required by law, we will only provide maintenance for XRSPACE Service and Content provided by us. You need to update XRSPACE application on your device to access updated, enhanced, or revised features of XRSPACE Service and Content. You agree to automatically receive update notifications, and if the update if provided for fixing serious security vulnerabilities related to XRSPACE Service or Content, such updates may be automatically downloaded and installed on your device regardless of the update settings of your device. 

12. Feedback

Users may provide their ideas or suggestions regarding XRSPACE Service through feedback feature. You agree that any feedback regarding Service you provide are non-confidential and non-proprietary. We are free to use any feedback you provide for improving Service. You agree to waive all rights of your feedback, including but not limited to copyright and moral rights, and not to claim for monetary compensation therefor upon your submission.

13. Disclaimer

You acknowledge and agree that you are solely responsible for the risks of using XRSPACE Service. To the extent permitted by applicable laws, XRSPACE Service is provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to fitness for a particular purpose, title, quiet enjoyment or non-infringement. We do not warrant that XRSPACE Service will be provided or meet your requirements on an uninterrupted, secure, or error-free basis. You acknowledge and agree that we have no obligation to pre-screen, monitor, review, or edit any User Content published by you and other users on Service. We do not warrant the quality, correctness, timeliness, authenticity, completeness or reliability of XRSPACE Service. You acknowledge and agree that we will not check or investigate the background of any users, and your online or offline communications and interactions with other users are at your own risk. We do not warrant user’s conduct on XRSPACE Service. You agree to take reasonable precautions against all other users on XRSPACE Service especially if you decide to meet with them in private. 

14. Limitation of Liability

To the extent permitted by law, we shall not be liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including loss of benefits, loss of data, loss of goodwill, service interruption, device damage or system failure, or the cost of alternative services, due to Terms or due to the use or inability to use XRSPACE Service, or resulting from your use of XRSPACE Service in communications, interactions or meetings with other users, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, regardless of whether we have been notified that such damage may occur, or whether we have discovered the limitations of remedial measures of Terms cannot achieve their substantive purpose. We understand that in certain jurisdictions the laws do not allow the exclusion or limitation of liability for indirect or incidental damages. Therefore, the foregoing limitation of liability should not apply to the extent prohibited. 

To the extent permitted by applicable laws, under any circumstances, our aggregate liability caused by or related to Terms, events, use or inability to use XRSPACE Service will not exceed one thousand U.S. dollars ($1,000). 

15. Privacy

We value your privacy, and you can control the information provided to us. Please refer to our privacy policy to help you understand what information we collect and how we use it. You acknowledge and agree that we can retain any transmission or communication between you and us through XRSPACE Service and disclose such information when required by law. In addition, we have determined that such preservation and disclosure are reasonable and necessary in order to (i) comply with legal procedures; (ii) enforce Terms; (iii) respond to claims that any such information infringes the rights of others; or (iv) protect us, our employees, users of Service and public right, property and security, we may also preserve or disclose such information. 

16. Data Collection

You agree that we may regularly collect and use your technical data and related information about XRSPACE Service (including but not limited to technical information about your device, peripherals, accessories, and operating system and applications) to facilitate the provision of updates, technical support and other services (if any). You agree that we may use this information (in the case of being unable to identify you personally) to improve our products or provide you with XRSPACE Service, content or technology. 

17. Violation of Terms

If you fail to comply with Terms, or we suspect that you have not complied with any of the provisions of Terms, we may prevent or terminate your use of XRSPACE Service, content and/or your user account or your rights under Terms, and No refund or prior notice is required. We will notify you of the reason for our action, unless we have reason to believe that notifying you will cause us or others to assume legal responsibility, hinder investigations, endanger the operation of any XRSPACE Service or system, cause harm to other users, or violate Instructions from laws or law enforcement agencies. 

You further agree that your violation of Terms will constitute illegal and unfair business practices, and will cause irreparable monetary and non-monetary damages to us, and you agree that we can obtain whatever we deem necessary or appropriate in this case Injunctions or fair relief. These remedies are in addition to any remedies that we may have under the law or equity. 

If we do take any legal measures against you due to your violation of Terms, we have the right to recover from you, and you agree to pay, all reasonable attorney's fees and litigation costs, and any other relief granted to us. You agree that we are not responsible for you or any third party in the event that your use of XRSPACE Service or user account is terminated due to violation of this clause. 

18. Electronic File Representation

Except as otherwise provided by law or Terms, the user agrees that we can use electronic documents as a means of representation. If the content of the electronic documents can be fully presented and sufficiently identifiable, and can be checked in the future, the effect is the same as that of written documents.

19. Entire Agreement

Terms and any other guidelines, rules, policies or agreements cited in Terms constitute a complete and exclusive understanding and agreement between XRSPACE and you regarding XRSPACE Service and Content, and Terms replace and replace any and all previous XRSPACE Oral or written communication and agreement on services and content. 

20. Separability

If any legal authority having jurisdiction over either party finds or believes that any provision of this clause is unenforceable or invalid, the provision shall be excluded and the remaining provisions shall remain valid and enforceable. 

21. Transferability

Without our prior written consent, you may not assign or assign Terms by law or other means. Any attempt to transfer or assign Terms without consent is invalid. After you agree to Terms, it will be deemed that you acknowledge and agree that XRSPACE can freely transfer or transfer creditor's rights and debts arising from your use of XRSPACE Service to a third party in the future, and XRSPACE or the third party can be announced Or to notify you of the aforementioned changes by means of individual notification, your individual acknowledgement or agreement is no longer required, and XRSPACE does not assume joint and several liability to the extent permitted by law. Subject to the aforesaid provisions, this clause will bind and ensure the interests of all parties, their heirs and permitted assignees. 

22. Force Majeure

We, any user, or any other party involved in the creation, production or delivery of XRSPACE Service, shall not be liable due to force majeure, natural disasters, weather, fire, flood, global infectious diseases, terrorist acts or foreign enemies, satellites or networks Responsible for malfunctions, government orders or regulations, trade disputes or other reasons beyond your control. 

23. No Waiver

Our failure to enforce any rights or provisions of this clause will not be considered a waiver of such rights or provisions. The waiver of any such rights or regulations will only be effective if we have duly authorized representatives in writing and signing. Unless expressly provided in this clause, any party's exercise of any remedy in accordance with this clause shall not affect its other remedies in this clause or other aspects. 

24. Applicable Law and Dispute Resolution

If you have any dispute while using XRSPACE Service, please send us an email at support@xrspace.io. If we fail to resolve the dispute within ninety (90) days after successfully receiving your email or within the shorter period required by law, you or we may choose to submit the dispute to the court in accordance with the following rules. 

Terms and the relationship between you and XRSPACE shall be governed by the laws of the Republic of China, regardless of the provisions of the conflict of laws; you and XRSPACE agree that the Taipei District Court of the Republic of China has exclusive jurisdiction, all due to the provision of XRSPACE Service, content or related to Terms. All disputes shall be submitted to the court for decision.  

25. Notification

If you have any questions about Terms, please send an email to support@xrspace.io with your name, user account, ID and contact information.