Terms of Use

REXR SOFTWARE, PRODUCTS AND SERVICES

These Terms of Use (“Terms“) constitute a legally binding agreement made between the user of the REXR Software and Services (“you”) and Realified OÜ, a company registered under the laws of Estonia, registry code 14504715 address Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Telliskivi tn 60a/5, 10412 (“REXR”, “we”, “us” or “our”), concerning your access to and use of our Software and Services which includes but are not limited to 1) the REXR Product which comprises of: 1a) a Windows PC Desktop software application, and 1b) an Android Mobile software application; and 2) other Services such as our Website, Support, etc (“REXR Software & Services“). You agree that by creating an account and using the REXR Software & Services, you have read, understood, and agree to be bound by all these Terms.

1) Description of the REXR Product

The REXR Product comprises of a Windows PC Desktop software application, and an Android Mobile software application. Our Product allows you to turn any game into an immersive VR gaming experience. In order to use our Product, you need to have previously registered on our Website and be a paying customer. Please note, you need to use (and, where applicable, purchase) PC games and VR equipment (i.e. mobile phone holder for VR) to experience games in VR. Games might be subject to separate Terms and Conditions and pricing model and your experience may vary depending on the game you choose to play.

 

2) Technical requirements to use the REXR Product

You can use our Product anywhere in the world with equipment and configuration as explained in our Product Guide, a proper internet connection, and an Active account in our system.

If the Internet connection or any other technical requirements do not meet the recommended settings mentioned in our Product Guide, we cannot guarantee the best experience of use to you.

 

3) Health and Safety Warning

Some people may experience motion sickness, nausea, disorientation, blurred vision or other discomfort while viewing virtual reality content. If you experience any of these symptoms, stop using the VR experience immediately and remove the VR equipment.

When using wireless VR equipment, please exercise caution because your movements are not limited and thus you may harm yourself or damage the objects or people around you while using the REXR Product to create a virtual reality experience. You are fully responsible for any harm that is inflicted to you, surrounding objects or third parties due to your use of VR equipment or the REXR Product.

Parents or guardians must instruct children or minors about the safe use of the REXR Product.

 

4) Account

To use the REXR Product, Software and Services, you need to complete the sign-up process and purchase a subscription to make your account active on www.rexr.io, and download the REXR Product’s Desktop and Mobile Software. You must provide your e-mail address, country of residence and any other information requested by us in order to complete the signup process. The account is required for access, authentication and authorization to the REXR Product and other services provided by us.

You must be at least 13 years of age to create an account. REXR is not intended for use under the age of 13.

You retain ultimate administrative control over your account. You are responsible for keeping your account secure while you use the REXR Product and Software. You are responsible for all activity that occurs under your account. You are responsible for maintaining the security of your account and password. You must notify us promptly if you become aware of the unauthorized use of your account in conjunction with the Products or Services we provide. We cannot and will not be liable for any loss or damage from your failure to comply with this obligation.

Changes to your account may be requested only by using the e-mail address you provided while signing up with REXR or subsequently updated while authenticated on our website.

 

5) Recommended games

The list of recommended games to be used with REXR Product is available on our website at www.rexr.io. The list is subject to change and you should always consult the list before using REXR Product.

The REXR Product is provided as-is. Due to the fact each game is developed, managed, supported and owned by the applicable game studio, your gameplay experience with REXR may vary from game to game. To help you have the best experience, we’ve shared suggestions for recommended games on our website based on our own testing and customer feedback, please note this list is not exhaustive and may change from time to time.

 

6) Pricing

Our pricing and payment terms are available on our website at www.rexr.io. Once you’re logged in, prior to payment, additional promotions or special pricing / payment options may be made available to you. A valid credit card payment is required for the use of the REXR Product. If you agree to a subscription price then that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

We will immediately invoice you after you have signed up for the REXR Product and chosen a subscription plan. If you are a minor between the ages 13-18, you must have your parent or guardian’s approval to purchase subscription to the REXR Product.

For monthly subscriptions, you are invoiced in advance on a monthly basis respectively and the payment is non-refundable. There will be no refunds or credits for partial months or refunds for months unused; however, you will be able to use REXR Product for the length of the paid billing period.

By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account or other approved methods of payment for fees that you authorize for us.

You are responsible for providing us with a valid means of payment. You are responsible for all fees, including taxes, associated with your use of REXR Product.

 

7) Functionality

The REXR Product will only be functional if you have a valid subscription plan. Once you terminate your subscription or fail to make a payment, the REXR Product will not be functional until you have re-subscribed or made the payment.

Upon unsubscribing or failing to make a payment, we shall suspend your account. You will be able to reactivate your account during the next twelve months after your last payment. If you do not reactivate your account, your account will be permanently deleted after the lapse of twelve months from the last payment.

 

8) No warranty and limitation of liability

We provide you the REXR Product on an 'as is' and “as available” basis, without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the REXR Product, including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

We do not warrant that the REXR Product will meet your requirements; that the REXR Product will be uninterrupted, timely, secure, or error-free; that the information provided or obtained through the use of REXR Product is accurate, reliable or correct; that any defects or errors will be corrected; that the REXR Product will be available at any particular time or location; or that the REXR Product are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of the REXR Product.

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (i) your use or inability to use the REXR Product; (ii) any modification, suspension or discontinuance of the REXR Product; (iii) REXR Product generally or the software or systems that make the XR Gaming App available; (iv) any other matter relating to the REXR Product.

Our liability is limited whether or not we have been informed of the possibility of such damages and even if a remedy is found to have failed its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control. However, our maximum liability is limited to 100 EUR.

If REXR Product is unavailable as a result of force majeure, we will not be in breach of any of our obligations towards you under these Terms

 

9) Release and Indemnification

You indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of these Terms, provided that we (1) promptly give you written notice of the claim, demand, suit or proceeding; (2) give you sole control of the defence and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases us of all liability); and (3) provide to you all reasonable assistance, at your expense.

 

10) Acceptable use policy

You shall not:

— create, transmit, display or make otherwise available any content that is unlawful;

— sell, modify, re-use, re-sell, distribute, reproduce or make any other use of the REXR Product;

— reverse engineer, decompile or disassemble the REXR Product or modify another website/app so as to falsely imply that it is associated with the REXR Product.

Violation of the foregoing prohibitions shall be considered a material breach and shall give us the right to terminate your access to the REXR Product without notice.

 

11) Intellectual Property rights

We hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our REXR Product and to download and install REXR Product and other software provided by us for this purpose, for your non-commercial personal use only, provided that you are in compliance with these Terms. Your license confers no title or ownership in the REXR Product; and the software is licensed, not sold, to you. Your license to REXR Product is subject to your prior acceptance of these Terms and your compliance with acceptable use policy. The license does not encompass the use of REXR Product for commercial purposes, such as use in VR game rooms, e-sport tournaments and the like.

We and our licensors, vendors, and/or agents retain ownership of all intellectual property rights of any kind related to the REXR Product. We reserve all rights that are not expressly granted to you under these Terms or by law.

 

12) Updates, upgrades and fixes

We may provide you, from time to time, with upgrades, updates or fixes according to our sole discretion. You agree to use reasonable endeavours to keep REXR Product up-to-date and install all relevant updates and fixes, and may, at your sole discretion, purchase upgrades, according to the pricing set by us.

An upgrade is a material amendment in REXR Product, contains new features and/or major performance improvements.

An update is a minor amendment in REXR Product, may contain new features or minor improvements.

A fix is a minor amendment in REXR Product, intended to remove bugs or alter minor features which impair the REXR Product’s functionality.

 

13) No affiliation

We are not affiliated with any game producer or other gaming software developer and the recommendations made regarding the games are purely based on user experience.

 

14) Data Protection

We process certain personal data in accordance with our Privacy Policy (https://rexr.io/privacy-policy).

 

15) Technical data usage

You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, games played, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to REXR Product. We may use this information to improve our products or to provide services to you, as long as it is in a form that does not personally identify you.

 

16) No right of withdrawal

You do not have a right to withdraw from a transaction or obtain a refund once delivery of digital content has started, at this point your transaction is final. You therefore expressly acknowledge, consent and agree that delivery of digital content commences at the moment the digital content is added to and/or enabled on your account or otherwise made accessible to you for download or use.

 

 

17) Term and termination

We have the right to suspend or terminate your use of the REXR Product and related services if you are not following these Terms or guidelines provided by us. We may refuse any current or future use of the REXR Product and related services if you are not following these Terms or guidelines provided by us.

We reserve the right to change these Terms or terminate the offering of the REXR Product at any time.

You may terminate your use of REXR Product at any time. There will be no refunds or credits for partial months or refunds for months unused; however, you will be able to use REXR Product for the length of the paid billing period.

 

18) Governing law and dispute resolution

Except to the extent applicable law provides otherwise, these Terms are governed by the laws of Estonia. All disputes arising from these Terms shall be settled via negotiations.

For Residents of EU Member States Only: For the purposes of any disputes hereunder, you agree that any Disputes arising out of or in any way related to these Terms or REXR Product may be resolved amicably or by means of European Online Dispute Resolution platform (ODR platform).

The ODR platform is a web-based platform that is specifically designed to help consumers who have bought goods or services online and subsequently have a problem with that online purchase, and allows consumers to submit their contractual dispute and conduct the Alternative Dispute Resolution (ADR) procedure online at

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

In case an amicable or ADR settlement is not found you may bring proceedings against us in the jurisdiction where we are domiciled or in the jurisdiction where you are domiciled, without resort to any form of class action.

 

19) Miscellaneous

In case these Terms are translated into some other language than English and there are contradictions between the English version and the translation, then the English version shall prevail over the translation.

If any part of these Terms is held invalid or unenforceable, the remaining portions will remain in full force and effect. Any failure on the part of us to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.

We provide customer support to you in the languages stated on our website www.rexr.io.

These Terms, along with our Privacy Notice constitute the entire agreement between you and us with respect to your use of REXR Product.

You may not assign these Terms, or any rights or obligations contained herein. We may, without prior notice, assign these Terms or any rights or obligations contained herein to any third party.

In case of questions about these Terms, contact us at support@rexr.io.

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