End User License Agreement
Effective Date: 9 Aug 2022
Issued by FitXR Limited
1.1 FITXR LIMITED is a company registered in England and Wales, with company number 10652116 and has registered offices at International House, 24 Holborn Viaduct, London, England, EC1A 2BN. These are the terms and conditions (the “EULA” or "End User Licence Agreement”) FITXR LIMITED (“we”, “us”, “our”, “FITXR”) uses to govern our “BOX VR” game, our “FITXR" game (each, a “Game”) and the content and services related to the Game, the Mobile App and the technical requirements, use of location data, and licensing of the app. References to the "Game" in this EULA are to be interpreted as referring to the Game which is relevant to your purchase only (for example, if your purchase relates to ‘FITXR’, then ‘FITXR’ only).
1.2 We’ve tried to keep these terms as short as possible to help you to understand how you can use the Game. If you do not want to or cannot agree to this EULA, you must not buy, download, install, use, play or otherwise access the Game. By buying, downloading, installing, using or playing the Game (or a Virtual Item or subscription membership) you are agreeing to this EULA (being the latest version).
1.4 Where applicable, the Stores may allow you to get a refund in respect of or in connection with the Game (or a Virtual Item or subscription membership) in some instances. You should contact the Store directly that you purchased the Game from if you would like to request a refund.
1.5 You must be at least 16 years old to play the Game. If you are 18 or over, you agree to and accept this EULA. If not, you must not create an account, use our Game, or submit personal information in a Game or to FitXR (for example, your name, address, telephone number, or email address).
2.1 This EULA is a legal agreement between you and us, so please read it fully and carefully.
2.2 This EULA describes how you can use the Game.
2.3 If you break the terms and conditions of this EULA, we may stop you from using the Game, contact you regarding your use of the Game, or otherwise exercise our legal and equitable rights and remedies.
2.4 The Game is provided ‘as is’ and we make no (and disclaim all) representations and warranties with respect to it to the fullest extent permitted by applicable law. If you are located in the United Kingdom or the European Union, this exclusion does not apply to you.
2.5 This EULA may change from time to time. Please check our website https://fitxr.com/eula periodically to make sure that you’re aware of the latest EULA version.
2.6 If you pay for, install, download, access, play or otherwise use the Game (or a Virtual Item or subscription membership) after a EULA update, you are agreeing to the latest EULA version.
3. WHAT YOU CAN DO
Provided that you comply with the terms and conditions of this EULA, you can use the Game (or a Virtual Item or subscription membership) in the following ways:
3.1 To play the Game, in accordance with the terms and conditions of this EULA;
3.2 To share non-commercial screenshots and videos of your Game gameplay on your personal social media; and
3.3 To use upgrades, updates and additional Game content that we may make available from time to time (although we are not obliged to provide upgrades, updates and additional Game content).
4. WHAT YOU CANNOT DO
4.1 4.1 We use our commercially reasonable endeavours to protect the Game and our users, and it is important that the Game is not used in a way which is unfair or which might harm our rights or the rights of others. Accordingly, we reserve the right to take any and all action available to us with respect to any conduct by a player that violates the terms or the spirit of this EULA.
4.2 You cannot, except where it may otherwise be expressly permitted in this EULA:
4.2.1 sell, distribute or otherwise transfer copies or reproductions of the Game to any third party in any way;
4.2.2 in whole or in part reproduce, translate, reverse engineer, derive source code from, modify, adapt, merge, translate, disassemble, decompile, or create derivative works based on or of the Game, except where applicable law provides otherwise in which case the product and all end results of such acts shall belong to, vest in and be the exclusive property of FITXR on creation;
4.2.3 remove, disable or circumvent any proprietary notices, labels or copy protection software contained on or within the Game;
4.2.4 exploit the Game or any of its parts for any commercial purpose including, but not limited to, use at a cyber or internet café or any other location-based site;
4.2.5 use the Game for any illegal or immoral purposes;
4.2.6 separate or use component parts of the Game, or use the Game or any parts of it on more than one computer/device at a time;
4.2.7 export or re-export the Game or any copy or adaptation in violation of any applicable laws or regulations; or
4.2.8 otherwise use, copy, transfer, distribute, rent, lease, loan, sub-license or deal in the Game or any part or interest in it (except as expressly provided by this EULA) or in any manner which is inconsistent with this EULA.
4.2.9 upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
4.2.10 infringe our or anyone else’s intellectual property rights;
4.2.11 try to gain unauthorised access to our computers, data, systems, accounts or networks.
4.3 If we are threatened or face legal action because you break any of the terms and conditions in this EULA, we may hold you responsible. That means you may need to compensate us, and pay us back for any damage we suffer as a result, and for our legal and other expenses.
5. OUR INTELLECTUAL PROPERTY AND YOUR LIMITED USE LICENCE
5.1 The Game is made up of the intellectual property (including, without limitation, copyright works) of FITXR and/or FITXR's licensors. All use of the Game governed by the terms of this EULA. Any use, reproduction or redistribution of the Game not in accordance with the terms of this EULA is expressly prohibited. References to “Game” in this EULA shall include Virtual Items and each or any part of the Game and any online service which is made available through it, where and to the fullest extent that the content permits.
5.2 FITXR grants you (and by installing or using the Game you accept) a limited, revocable, non-exclusive right and license to install and use at any one time one (1) copy of the Game for your personal, non-commercial use on a single computer or mobile device (which may include, without limitation, compatible devices, equipment or peripherals) subject to the terms of this EULA. We do not grant you ownership of the Game itself.
5.3 The Game is licensed, not sold. Your license confers no title or ownership in the Game. All right, title, interest and ownership rights in the Game and any copyright, design right, database right, patents and any rights to inventions, know-how, trade and business names, trade secrets and trade marks (whether registered or unregistered) and any applications therefore and other intellectual property rights (“Intellectual Property Rights”), in or connected with the Game and each part thereof are owned by, belong to and vest in FITXR Games or its licensors. All rights are asserted and reserved. The Game is protected by copyright law, international copyright treaties and conventions and other laws. The Game may contain certain licensed materials and FITXR’s licensors may act to protect their rights in the event of any breach of this EULA. All trademarks are the property of their respective owners.
5.4 Application License. Subject to your compliance with the Agreement, with respect to any Application accessed or downloaded through the Apple App Store, you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (b) as permitted by the ‘Usage Rules’ set forth in the Apple App Store Terms of Service. Any Application accessed through or downloaded from the Google Play store, Oculus Store or any other store where virtual reality products are sold , you may have additional license rights with respect to use of the Application on a shared basis within your designated family group.
6. CODE OF CONDUCT
6.1 FITXR supports a friendly, respectful community for the Game. Where we make the functionality available, certain aspects of the Game may include multiplayer, messaging other users, voice chat and other multiplayer and community functionalities. All users must act reasonably and fairly when interacting with other Game users. All hacking, cheating, bug exploitation, misuse of the Game, trolling, deceptive or abuse conduct is prohibited.
6.2 Please act responsibly and in a way which respects the rights of other users. You must not abuse other users, harass them or engage in trolling or stalking behaviour. You must not take any action, upload or share any content, or otherwise use the Game in any way which is in any way immoral, unethical, hateful, offensive, a breach of privacy, illegal, racist, vulgar, pornographic, sexually offensive, libellous, defamatory, threatening and/or bullying. You must not impersonate any person, including without limitation FITXR staff.
6.3 You are not permitted to buy or sell, where applicable, accounts to access the Game or in connection with the Game.
6.4 Please respect the intellectual property rights of third parties. You must not post, upload, release, distribute or in any other way make available on or through the Game any content or materials which include, use or contain (in whole or in part) any intellectual property rights of any third party (including without limitation copyright, trademarks and any other intellectual property).
6.5 In the event of a breach of any of clauses 4.2, 6.1 to 6.4 (inclusive) above, FITXR reserves the right to immediately terminate this EULA and your use of the Game without you being entitled to any refund or compensation.
6.6 We are not responsible for moderating, monitoring or recording any activity in the Game or in connection with the Game (including without limitation messages, posts, written chat and voice chat between players), although we reserve the right to do so. We may (but we are not obliged to) moderate such content and activities to ensure they are in compliance with the terms of this EULA. We reserve the right to delete, without notice, any content, materials and/or communications which are in breach of this EULA. In serious cases, we may take steps together with the Stores or relevant platforms for the Game and/or with law enforcement authorities and this may involve us disclosing information to those third parties and authorities.
7. Membership SUBSCRIPTIONS
7.1 You may choose to take up an offer of subscription membership for the Game (such as with a recurring ‘content pass’ subscription). Subscription members gain access to premium Game content (but please be aware that some Virtual Items may still require separate purchase). The details of which content is made available to members is available in the Game immediately before purchase.
7.2 If you have a subscription membership, your membership will continue month-to-month (or if you have an annual subscription, annually) until terminated.
7.3 If you are a subscription member, you must provide a current, valid, accepted method of payment, which you may update from time to time (the “Payment Method”). Unless you cancel your membership before your recurring billing date, you authorise us to charge your next month’s (or, if annual, year’s) membership fee to your Payment Method on a recurring basis corresponding to when your membership commenced.
7.4 You can cancel your recurring membership at any time and you will continue to have membership access for the residual period of membership covered by your last membership payment. Your membership shall in such case expire at the end of the then-current billing period. Cancellation options may be available to you in-game and/or via first party platform settings for your account with the first party platform (e.g. in your Store subscription settings). Please be aware that changing your Payment Method alone, or rendering it invalid, does not cancel your membership.
7.5 We may change our subscription membership service plans (such as the content members have access to) and the price of our Game subscription memberships from time to time. In the event we change subscription pricing or materially detrimentally change the service plan or content available, the change will not take effect until thirty (30) days after we notify you and, at the earliest, at the end of your then-current subscription period.
7.6 We may offer Game or certain Game content free trials from time to time in our discretion. All such free trials will continue only for the period notified to you regarding the relevant offer. At the point you accept a free trial, we may notify you and you may accept that your free trial will convert, at the end of the trial period, automatically to a paid-for membership subscription as described above. If you do not want a paid-for membership subscription, you can cancel that automatic renewal and conversion any time by contacting us or using cancellation tools we make available to you in-Game or made available to you by the relevant Store.
8. VIRTUAL ITEMS
8.1 As part of and to enhance your use and enjoyment of the Game you may be able to obtain additional features and digital content that form part of the experience of the Game (“Virtual Items”). Virtual Items may also include ‘time-based content passes', whereby your access to particular Virtual Items is available for a stated time only and thereafter expires.
8.2 Virtual Items are gameplay features of the Game, they have no cash or real world value, they are not redeemable or exchangeable for anything with a real world value and they can be used as part of the Game only, in accordance with this EULA.
8.3 Purchases of Virtual Items are subject to this EULA and the terms of any third party app store through which your purchase is made. Purchases are made via permitted third party stores, and not via FITXR. To the extent that this EULA conflicts with such agreement between you and the relevant third party in respect of any purchase of Virtual Items, the terms of your agreement with the Store shall prevail.
8.4 To cancel a purchase of any Virtual Items you should contact the Store through which you made that purchase. If you cannot use Virtual Items due to an error or fault, you may still be charged. If this happens, please contact us and we will endeavour to rectify the issue and if we are unable to do so you may be entitled to a refund via the Store through which you made that purchase.
8.5 Virtual Items that may be purchased may be advertised in the Game.
8.6 Without limiting Game and Virtual Item purchases from FITXR’s permitted stores, it is a condition and fundamental term of this EULA and your use of the Game that you must not buy, sell, barter, swap, exchange, trade, lend, rent or otherwise deal in any way with any Virtual Item outside of the Game (such as on unauthorised item trading sites) or in any way other than as expressly provided above. Virtual Items may only be exchanged for certain other designated Virtual Items in and as part of the Game only and where that functionality is made available by us.
8.7 Subject to Clause 15, we may manage, vary, regulate, control, modify or eliminate Virtual Items in its sole discretion, with or without notice (including not supplying Virtual Items if it is reasonable to do so). Subject to Clauses 15 and 14, we shall have no liability to you or any third party in the event that we exercise such rights.
8.8 When you submit, or anyone using your device submits, a request to purchase Virtual Items you are offering to purchase them for the price stated and our acceptance of that offer shall only occur once we make the Virtual Items available to you, prior to which your order may be declined for any reason.
8.9 Please notify us immediately if you dispute a transaction involving Virtual Items or believe that any transaction is unauthorised.
9. STORE TERMS
The ways in which you can use the Games may also be controlled by the relevant Store’s terms and conditions and policies as made available to you by the Store. To the extent that there is a conflict between the terms of this EULA and the relevant Store’s terms from which you purchased (where applicable) or installed the Game, the Store’s terms shall prevail to the extent of the conflict.
FITXR may from time to time provide updates to the Game which you may be required to apply before you can continue making full use of the Game. You agree that FITXR may deliver such updates remotely and that you will apply such updates. Failure to apply updates may lead to the Game not working properly (or at all), or that users may be exposed to security vulnerabilities.
12. OPERATING SYSTEM REQUIREMENTS
12.1 Operating system requirements will be made available on the relevant Store page and/or Game description or otherwise as made available. The requirements between different platforms/devices may vary. Please consult the relevant Game description provided online by FITXR and/or by the relevant Store or platform.
12.2 Before you purchase, install or play the Game, please ensure that your computer: (i) has sufficient memory to play and store the Game and otherwise meets such other system requirements as are specified by FITXR (or the relevant Store or platform, where applicable) in connection with the Game; (ii) has Internet access; and (iii) meets the applicable operating requirements.
13. HEALTH AND SAFETY INFORMATION
Please read, familiarise and comply with the Health and Safety Notice information set out in Annex 1 to this EULA (and which is hereby incorporated into this EULA). The Stores or platform providers relating to the Game (such as, without limitation Sony PlayStation VR) may also provide you with health and safety information. You can visit their websites to read that information, such as at:
14.1 Except as specifically provided otherwise in this EULA and to the maximum extent permitted by law:
14.1.1 you install and use this game (including any and all content, related materials, services and updates as and when they may be made available at our discretion) at your own risk;
14.1.2 the game is provided "as is" without warranty or guarantee of any kind, either express or implied, including, without limitation, the implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement;
14.1.2 FITXR and its licensors do not warrant that the operation of this game will be uninterrupted, bug or error free or that errors or bugs can be corrected;
14.1.3 FITXR and its licensors exclude any and all liability for all representations (except those made fraudulently), warranties, conditions and other terms which but for this notice would have effect;
14.1.4 FITXR and its licensors will not in any event be liable in any way for any consequential loss or damage resulting from the use of or inability to use the game, errors or deficiencies in it, damage to property, lost data, loss of goodwill, computer failure or malfunction, loss of business, loss of information or lost profit, whether caused by negligence or otherwise, even if it has been advised of the possibility of such loss; and
14.1.5 FITXR and its licensors will not be held liable for any damage, injury or loss if caused as a result of your negligence, accident or misuse, or if the game has been modified in any manner (not by FITXR or its licensors) after it has been bought.
14.2 This EULA shall not limit or exclude any rights you might have as a consumer that may not be excluded or limited under applicable law, including without limitation the following:
14.2.1 fraudulent misrepresentation;
14.2.2 death or personal injury arising caused by negligence of FITXR or its licensors; or
14.2.3 the event where the game is defective, and we delivered it to you, and it damages your property. However, we will not be liable if the damage could have been avoided by following our advice about system requirements, installation guidance, game use guidance or by applying updates we offered to you free of charge.
14.3 We recommend that you back-up any content and data of yours used in connection with the game to protect yourself and in case of a problem with the game or data corruption.
14.4 The game has not been developed to meet your individual requirements.
14.5 Other than as set out in clause 13.2 above or where our liability cannot be limited by applicable law, our overall liability to you is limited to the price you paid for the game or, in the event no price was paid, £20.
14.6 We use our reasonable skill and care to provide the game and its content and updates, but we do not guarantee that there will not be errors, bugs or interruptions in or when playing the game (including without limitation any content or updates), or that it will not cause any problems with your device.
15.1 This EULA and the licences granted by it are effective until terminated.
15.2 We may temporarily discontinue the Game, or any Virtual Item, subscription offering, trial offering or other offering, at any time for the purposes of upgrades, maintenance or other service administration reasons. We will use our reasonable endeavours to limit the length of time this occurs for.
15.3 You may terminate this EULA at any time and for any reason by deleting and removing the Game from your device (however your subscription membership, if applicable, remains active unless it’s terminated due to a breach by FITXR).
15.4 We may terminate this EULA if you fail to abide by any of the terms and conditions of this EULA at any time and for any reason or we reasonably suspect that you have failed to abide by any of the terms and conditions of this EULA. We may take any action we deem reasonable in our sole discretion against users who do not comply with the EULA terms, which may include banning users. We reserve the right to determine what conduct we considers to be in violation of, or otherwise outside the intent or spirit of, this EULA. However, if what you have done can be put right we will give you a reasonable opportunity to do so.
15.5 Without prejudice to the other provisions in this EULA, we may terminate our agreement with you (in whole or in part) for any reason at our discretion upon reasonable notice to you and the following would apply:
15.5.1 if your use of the relevant Game (including without limitation Virtual Items) was provided to you free of charge, you will not be entitled to any compensation or any refund;
15.5.2 if you paid for a Game and/or Virtual Items therein, you will not be entitled to a refund where you have substantially had the enjoyment of what you had paid for (by way of example only, where you have had access to enjoy the in-game, paid- for Virtual Items for over six (6) months). Where you have not had a reasonable period of opportunity to enjoy the paid-for Game or paid-for Virtual Items, we may offer you a partial or full refund; and
15.5.3 if you paid for a Game membership subscription: (a) your membership access would continue for its remaining period up until its expiry only and without recurring; or (b) we would refund you on a pro rata basis for your unavailable period of membership already paid for, in our reasonable discretion and unless you are in material breach of this EULA.
15.6 Following termination of this EULA for the Game for any cause, you will no longer be permitted to use the Game (nor use the Virtual Items in connection therewith) and you will be required to delete the Game from your devices. Please be aware that, where applicable, any rankings, scores, saved games, message history, progression history or other information or data relating to your Game user account (where applicable) may thereafter be deleted and/or become inaccessible.
16. COOLING-OFF RIGHT
Where you purchase digital content or services from a digital store and you require a refund, that third party store may allow you to get a refund in some circumstances. You should contact the third party through which you made a purchase, where applicable, in the event that you desire a refund. If you make a digital content or services purchase from us directly, you may be entitled to cancel the purchase within 14 days and to receive a full refund (your "Cooling-Off Right"). However, where you agree that we may begin to supply you with the digital content and/or services before the end of that period (to avoid any delay in us providing you the content or service), then you acknowledge you will no longer be entitled to change your mind about the purchase and obtain a refund. If you have made a purchase from us, have not begun using the content/service and wish to exercise your Cooling-Off Right you can contact us by emailing: email@example.com or post using the following form:
To: FITXR LIMITED
International House, 24 Holborn Viaduct, London, England, EC1A 2BN.
I hereby give notice that I withdraw from my contract for the following purchase: [INSERT ORDER ID, ITEM], for game [INSERT GAME NAME], ordered on [INSERT DATE].
From: [YOUR NAME]
[YOUR EMAIL / TELEPHONE (optional)]
In the event that any provision of this EULA shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA shall remain in full force and effect.
18. APPLICABLE LAW AND JURISDICTION
18.1 To the maximum extent permitted by the local law applicable in the country in which you obtain or use the Game, the Game and this EULA are subject to the laws of England and Wales.
18.2 To the maximum extent permitted by applicable law, the English courts shall have exclusive jurisdiction to hear any claims, disputes or proceedings about or in connection with this EULA or the Game.
18.3 Without prejudice to clauses 18.1 and 18.2 above, applicable law may grant you the right to bring claims, disputes or proceedings in your local jurisdiction. If this is the case, you may bring proceedings there. For example, if you live in Scotland you can bring proceedings in either the Scottish or English courts.
19.1 This EULA does not affect any legal rights you may have under the law that cannot be excluded or limited.
19.2 We may change or update this EULA from time to time. Changes to the EULA will affect you to the extent that they can apply under applicable law. If you buy, play, install or otherwise use the Game, the latest version of the EULA will apply at the time you take such action. Please check our website https://fitxr.com/eula periodically to make sure that you’re aware of the latest EULA version.
19.3 We may transfer our rights and obligations under this EULA to another organisation (such as in the event of a company restructure, assignment or a sale or all or part of our assets). We will let you know if this happens and we will ensure that your rights under the EULA are unaffected. You may not transfer your rights under this EULA.
19.4 Except where otherwise expressly stated to the contrary in this EULA, this EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce this EULA.
19.5 Even where we delay in enforcing this EULA or our rights, we can still enforce the same at any later point. Not taking immediate action or not taking immediate steps shall in no event be construed as a waiver of our rights. We shall not be prevented from taking enforcement steps against you at a later date where we have delayed in enforcing this EULA or our rights.
19.6 The European Commission provides a platform for online dispute resolution which can be found at: http://ec.europa.eu/consumers/odr/. For the purposes of Regulation (EU) 524/2013, we are not required to use and we do not use an alternative dispute Resolution service.
20. COMPANY AND CONTACT INFORMATION
Registered office: International House, 24 Holborn Viaduct, London, England, EC1A 2BN
Registered in England and Wales with company number: 10652116
Contact us by emailing: firstname.lastname@example.org
HEALTH AND SAFETY NOTICE
PLEASE FAMILIARISE YOURSELF WITH THIS NOTICE AND THE DISCLAIMER NOTICE BEFORE YOU OR ANYONE IN YOUR CARE USES THIS GAME.
The Game may contain flashing lights, realistic images and simulations.
Some people experience side effects such as motion sickness, epileptic seizures, momentary loss of consciousness dizziness, motion sickness or nausea when viewing certain types of flashing light or pattern including when playing video games.
This may happen where a person has not previously suffered in this way and have no known symptoms or history of such side effects. If you or anyone considering using this Game suffers in this way, has a condition which makes this possible or has experienced similar symptoms, please consult a doctor before using this Game. If you or they are already using the Game please stop and consult a doctor.
If you, your child or anyone in your care experience dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
If you or any part of you feels tired, fatigue or discomfort whilst playing this Game or other games please stop and rest. If it continues after you stop playing please consult a doctor. If you have suffered or suffer from an injury playing games can aggravate it. In that case please consult a doctor. Failure to follow this advice may result in long term injury.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THIS GAME:
Please do not:
use or play this Game (or others) if you are or feel sick, tired, fatigue or discomfort, or are under the influence of alcohol or drugs, or hung-over, or pregnant;
use or play the Game while in a moving vehicle such as a car, bus, or train;
play for too long at any one time, please follow all guidance applicable to or accompanying the platform you use in respect of playing time and take a 10 to 15 minute break every 30 minutes.
Notice to parents and carers:
Please observe children under 18 whilst they play this Game and other games. Please ensure that you and they follow the precautions described above and in the health and safety warnings for the relevant platform (if any). If your child experiences dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects PLEASE STOP ALL USE IMMEDIATELY and consult a doctor.
Prolonged use should be avoided. Please ensure that children take regular breaks and monitor children closely during and after use for any negative effects.