End User License Agreement

Effective Date: 9 February 2024

FitXR is operated by FitXR Limited (“FitXR”, “we” or “us”), a company registered in England and Wales, with company number 10652116  and registered offices at International House, 45-55 Commercial Street, London, E1 6BD.

These terms (“Terms”) govern your use of the FitXR game (“Game”) and your access and use of our website at www.fitxr.com (“Website”), social media and community channels (altogether the “Services”). 

By using playing the Game and using the Services, you are also acknowledging that you have read and understood our Privacy Policy which sets out how we collect, process and use your information. 

Please read these Terms carefully before you start to play the Game or use our Services. If you do not agree to these Terms, you must not use our Services.

    • By using our Services, you are agreeing to these Terms and representing that you are of the legal age of majority in your country which is normally at least 16 years old. If you are a minor (below the legal age of majority in your country), please have the agreement reviewed and agreed to by your parent or legal guardian.
    • FitXR reserves the right to amend or change these Terms at any time without notice.  By using the Services after any changes have been posted, you agree to any new terms. 
    • We reserve the right to discontinue the Game, Website or Services at any time. We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms. 
    • We may offer the Game through third party digital providers such as Meta, Pico, Sony PlayStation VR, Steam, Viveport, Apple App Store and Google Play (each an “App Provider”). Where you access the Game through an App Provider, you will need an App Provider account in order to play the Game, and your use of the Game through the App Provider is also subject to the terms of use and policies of the relevant App Provider.
    • Account registration
      • In order to access the Services and play the Game, you’ll need to register for a FitXR account and have a valid subscription and/or a free trial.
      • All information that you provide when opening an account must be accurate and up to date. You must not create an account using a false identity or information, or on behalf of someone other than yourself. 
      • You agree that you will protect your login details and keep them secret. Unless expressly permitted by us, you agree that you will not share your details or allow someone else to use your account. 
    • Subscriptions purchased through an App Provider or third parties
      • Where you obtain your subscription via an App Provider or through a third party such as your employer (“Corporate Partner”), that third party may be responsible for certain elements of your subscription, such as payment, renewal and cancellation.   
      • Where you have purchased your subscription via an App Provider, their separate terms and conditions will apply to your purchase.
      • Where you have obtained your subscription via an App Provider or Corporate Partner, FitXR may not be able to cancel any subscriptions or free trials on your behalf, nor are we able to issue refunds to you.  Any queries or disputes regarding the same should be raised directly with the App Provider or Corporate Partner.
    • Purchasing subscriptions & free trials
      • You can purchase a subscription directly on our Website or through an App Provider. 
      • All purchases made through our Website are made through a third party reseller, Paddle (paddle.com), who are the Merchant of Record for all such purchases. Those purchases are subject to Paddle’s terms and conditions (paddle.com/legal-buyers/) and Paddle’s privacy policy (https://www.paddle.com/legal/privacy) which describes how they collect, process and use your personal information. You may raise any questions or concerns that you have regarding your purchases directly with Paddle via: help@paddle.com.
      • We reserve the right to change the prices at any time. Prices of subscriptions may vary depending on the type of subscription and the country where you are located. Where a price subscription change affects you, we will let you know.
      • From time to time, we may ourselves or through our partners offer free trials to new users. Each person is entitled to no more than one free trial.
    • Renewals, Cancellations & Refunds 
      • As the Game is a product comprised of digital content which is immediately made available, by downloading or otherwise acquiring the product, by making a purchase or starting a free trial, you consent to immediate performance of the subscription agreement and acknowledge that you will lose your right of withdrawal from this agreement once the download or applicable transmission of the digital content has begun. For subscriptions purchased on our Website, please see Paddle’s terms and conditions (paddle.com/legal-buyers/) for further information on your withdrawal rights. 
      • Where you have purchased your subscription via an App Provider and you require a refund, you should contact the App Provider through which you made a purchase.
      • Where you have signed up for a free trial via our Website, you can cancel any time before the end of the free trial period and you will not be charged.
      • If you don’t cancel before the end of the free trial, subscriptions are non-refundable and there is no right to refunds or credits unless required by law.
      • Your subscription will automatically renew unless you cancel. You may cancel your subscription at any time. Cancelling your subscription will take effect at the end of the current subscription period and no future payments will be taken. You will not receive a refund for any unused portion of your subscription.
      • Once you have cancelled, unless otherwise stated, you can continue using the Services until the end of your current subscription period. 
      • How to cancel
        • If you have obtained your subscription directly with us from our Website, you can cancel by contacting us at support@fitxr.com or through your account (if the option is available in your region). 
        • Where you have subscribed through an App Provider, you must cancel directly with them. 
        • Please ensure that you cancel at least 72 hours before the end of the term to avoid any charges being taken. 
      • If we suspend or terminate your subscription pursuant to these Terms, you may lose the remainder of any subscription and we will not refund you for the remaining term. 
      • FitXR may offer promotional offers and special discounts from time to time, which will be subject to additional terms and conditions to be read in conjunction with these Terms.
      • Unless otherwise expressly stated in the terms and conditions for a particular promotion, promotions cannot be combined and cannot be used in conjunction with any other offer/discount. 
      • Unless otherwise indicated, FitXR subscription discount codes may only be redeemed for subscriptions purchased directly with us through our Website. 
    • You are solely responsible for reading and understanding the health and safety warnings provided with your headset before playing the Game and following any instructions provided. 
    • Always create and maintain a safe play space before starting the Game and when playing. Ensure that there is enough space for you to play safely and that there are no obstacles, hazards or dangerous objects around you. Ensure that people or animals who do not understand or are not aware of your perceptions are not in your play space. You acknowledge and agree that serious injuries may occur from tripping, running into, striking or coinciding with people, pets, obstructions, hazards and objects such as steps, stairs, walls, furniture, doors, windows, fixtures and fittings. 
    • Due to its virtual or mixed reality nature, the Game can be physically challenging. Please consider your state of health before you start playing. It is your responsibility to consult with your doctor prior to playing to ensure that you are fit and well enough, and that playing will not pose any risks to your health and wellbeing. By playing the Game, you warrant and represent that you are fit, healthy and able to play the Game and you accept that you do so voluntarily and entirely at your own risk. Please ensure that you take breaks regularly and stay hydrated. You should stop playing if you experience any discomfort.
    • If you or anyone in your care experiences feelings of discomfort, sickness, dizziness, altered vision, eye or muscle twitching, involuntary movements, loss of awareness, disorientation, or convulsions or any other side effects while playing the Game, PLEASE STOP ALL USE IMMEDIATELY and consult a doctor. Prolonged use should be avoided. Please ensure that you take regular breaks. Children should be checked before playing and monitored closely during and after use for any negative effects.
    • You acknowledge and agree that the Game is designed for entertainment purposes only and you will not rely on the Game as a substitute or replacement for professional medical advice or treatment. 
    • You acknowledge and accept that the use of our Services is solely at your own risk and you bear full responsibility for your actions while you play the Game. We don’t accept any responsibility for any injury or damage to property caused by your actions while playing the Game. 
    • To the fullest extent permitted by law, you hereby waive, release, covenant not to claim, and discharge FitXR and any of our affiliates, directors, officers, employees, contractors, agents, insurers or suppliers from any and all liability, now or in the future, for any claims or conditions arising out of your playing the Game.
    • Licence 
      • Subject to your compliance with these Terms and for so long as you are permitted by us to play the Game, access the Website and use the Services, FitXR grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable licence to play the Game, access the Website and use the Services for your own personal, non-commercial purposes. 
      • Except as expressly permitted by these Terms, you will not copy, reproduce, modify, redistribute, sell, transfer, create derivative works from, decompile, reverse engineer, or disassemble the Game, Website, Services or any content or materials within them, nor will you take any measures to interfere with or damage the Game, Website or Services. 
    • Intellectual property rights 

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in the Game, Website and Services and all material or content supplied as part of the Game, Website and Services will remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us in accordance with these Terms. All rights not expressly granted by FitXR in these Terms are reserved.

    • Availability & Updates
      • We cannot guarantee that you will have uninterrupted access to the Game, Website and our Services at all times. While we will make all effort to avoid it, access may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control.
      • You may be required to download and install updates to the FitXR App to maintain access to our Services. Failure to do so may result in certain features and services being unavailable or adversely affected.
      • While we try our best to ensure that all information on our Website and Game is correct, it is possible that the Website may contain errors or inaccuracies. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice.
    • External links

We may provide links to other websites from time to time. We do not endorse or take responsibility for the content of those websites and will not be liable in any way for any loss or damage which you may suffer by using those websites. 

    • User conduct & content 
      • You are prohibited from using the Game, Services or Website: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Game or Services; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Game, Website, Services or any related website, other websites, or the Internet. 
      • You are solely responsible for all of your communications and interactions with other users of the Game. You acknowledge that we do not monitor or make any attempts to verify the statements of users of the Game and you agree that FitXR will not be responsible for any liability incurred as the result of such interactions.
      • Any content or materials that you provide or make available through the Website or any social media channels of FitXR (“User Content”), whether publicly posted or privately transmitted, is your sole responsibility. You represent that all User Content submitted is accurate, complete, up-to-date, and in compliance with these Terms and with all applicable laws, rules and regulations. 
      • You grant FitXR a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free licence and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or later created), edit, modify, and make derivative works from the User Content (including, without limitation, translations) for any purpose whatsoever, commercial or otherwise, without compensation to you. In addition, you waive any moral rights (or equivalent rights) or rights of privacy or publicity in your User Content. You represent that you own (or have all rights necessary to grant FitXR the rights to use) all User Content, and that FitXR will not need to obtain licences from any third party or pay royalties to any third party in order to use such User Content.
      • If you make suggestions or provide feedback to FitXR about improving or adding new features, services or products, to the extent any licence is required, you hereby grant to FitXR a worldwide, perpetual, irrevocable, non-exclusive, sublicensable, transferable royalty-free licence and right to use your suggestions, and feedback for any purpose (including for marketing), without any notice, compensation or other obligation to you.
      • The Services may allow users to post reviews, ratings and comments about the Game and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. You acknowledge that any opinions, statement, recommendation, ratings, offers, advice or other that you provide in any Review and is your and your sole responsibility and has not been endorsed by FitXR. We reserve the right to refuse to post or remove any material submitted or posted in any Review. You agree to base any rating or review on your own honest opinion from your experience. 
      • We have no obligation to monitor, review, filter, moderate or remove any User Content from the Website. Nevertheless, we reserve the right to take any such actions in our sole discretion
    • The Website, Products and Services are provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Game, Website or Services, including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
    • To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply to the Services, Website or Products, whether express or implied. This does not affect your statutory rights as a consumer.
    • We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations or otherwise out of or in connection with these Terms for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation or any special or indirect losses.
    • Nothing in these Terms limits or excludes our liability for death or personal injury by our negligence, fraudulent misrepresentation or any other liability that cannot be excluded by law. 
    • Subject to the above, any liability we do have for losses you suffer is strictly limited to the purchase price you paid.
    • To the fullest extent permitted by law, you agree to indemnify and hold FitXR harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of (i) your breach of these Terms; (ii) any allegation that any materials that you submit to us or post on our Services infringe or otherwise violate the intellectual property rights of a third party; and (iii) your access or use of our Services.
    • You may not assign, sub-licence or otherwise transfer your rights or obligations under these Terms to anyone else. You agree that we may assign or transfer any of our rights or obligations under these Terms without notice to you.
    • These Terms between you and us shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or disagreements relating to these Terms.

If you have any feedback, questions or complaints or any requests for technical support, then please e-mail us at: support@fitxr.com.