Effective Date: 9 Aug 2022
Issued by FitXR Limited
he 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.
5.1 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.
5.1 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.
5.1 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.
5.1 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.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes. We are also required to provide you with information about your rights in relation to your personal data and how to exercise them. This information is provided within our Privacy Policy, and it is important that you read that information and familiarise yourself with it.
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.
12.1 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.
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:
PlayStation: https://www.playstation.com/en-gb/get-help/playstation-safety/
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.
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: support@fitxr.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 ADDRESS]
[YOUR EMAIL / TELEPHONE (optional)]
Date: [DATE]
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.
18.1 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.
FITXR LIMITED
Registered office: International House, 24 Holborn Viaduct, London, England, EC1A 2BN
Registered in England and Wales with company number: 10652116
Contact us by emailing: support@fitxr.com
ANNEX 1
PLEASE FAMILIARISE YOURSELF WITH THIS NOTICE AND THE DISCLAIMER NOTICE BEFORE YOU OR ANYONE IN YOUR CARE USES THIS GAME.
PLEASE FOLLOW THESE PRECAUTIONS WHENEVER USING THIS GAME:
Please do not:
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.
