Last Updated: 29 May 2024

Welcome to AdXR LLC ("AdXR", "we", "us", or "our"). AdXR offers a specialized advertising platform designed for the XR medium, enabling the creation and management of immersive ad campaigns. These Terms of Service ("Terms") govern your access to and use of our services, websites, and applications (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms, all applicable laws, and any other applicable terms and conditions, policies, or disclaimers found on our website or related to the Service.

Table of Contents

1. Acceptance of Terms
2. Service Description
3. User Accounts
4. User Content and Intellectual Property
5. Prohibited Conduct
6. Third-Party Services and Data Processing
7. Fees, Payments, and Profit Distribution
8. Privacy and Data Usage
9. Cookies and Tracking Technologies
10. Termination and Suspension
11. Disclaimers and Limitations of Liability
12. Indemnification
13. Dispute Resolution and Governing Law
14. General Provisions
15. Contact Information
16. Force Majeure

1. Acceptance of Terms

By accessing or using the Service, you affirm that you are at least 18 years of age, have the legal capacity to enter into these Terms, and will comply with these Terms and all applicable local, state, national, and international laws.

2. Service Description

AdXR operates a digital advertising platform facilitating immersive ad campaigns optimized for the Apple Vision Pro environment. Our services include the placement and distribution of spatial video and image ads, tailored to enhance user engagement and developer monetization strategies without compromising user experience.

3. User Accounts

You must register for an Account to use the Service fully, providing accurate information such as your name, email address, and other personal details. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. User Content and Intellectual Property

User Content

You retain ownership over all content that you upload, submit, or display on or through the Service ("User Content"). By submitting, posting, or displaying User Content on or through the Service, you grant AdXR a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, modify, publish, translate, create derivative works from, distribute, perform, and display such User Content (in whole or in part) and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. This license allows AdXR solely to facilitate the posting and storage of User Content.

Unless permissions are explicitly provided by you, your use of the Service does not grant AdXR the right to sell, modify, or otherwise use your User Content for commercial purposes.

Intellectual Property Rights of AdXR

AdXR and its licensors own all rights, titles, and interests in and to the Service, including, without limitation, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service. The Service contains proprietary material, trademarks, and other proprietary information that are protected by intellectual property laws and international copyright treaties. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Service. All software used on this Site is the property of AdXR or its software suppliers and protected by copyright laws and international treaties. Any use of the software not expressly permitted by the Terms of Service is prohibited, and may result in severe civil and criminal penalties.

Rights to access the Service are licensed, and not sold, to you, and you have no rights other than those expressly set out in these Terms. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.

Intellectual Property Rights – General

The trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of AdXR or AdXR‘s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any AdXR or third-party trademarks.

5. Prohibited Conduct

You agree not to misuse the Service or help anyone else do so. Specifically, you agree not to:

• Engage in any activity that violates any law or governmental regulation.
• Upload or disseminate any material that is abusive, harassing, or otherwise objectionable.
• Infringe on the intellectual property or other rights of others.
• Upload or disseminate any material that contains sexually explicit content or pornographic material.
• Upload or disseminate any material related to gambling or betting services, including but not limited to, online casinos, sports betting, lotteries, and other forms of gambling activities.

6. Third-Party Services and Data Processing

Our Service utilizes third-party services such as Stripe for secure payment processing. These services are responsible for processing compliance with CCPA and other privacy frameworks.

7. Fees, Payments, and Profit Distribution

Fees for the Service are billed on a monthly basis and are non-refundable. Developers receive payments corresponding to their share of the advertising revenue.

8. Privacy and Data Usage

AdXR values your privacy. We collect only the information necessary for providing and improving our services, which includes:

• Personal and Interaction Data: We collect basic information such as your name and email address for account setup and management. Additionally, we anonymously track interactions (e.g., ad views and clicks) to enhance service performance and user experience.
• Sensitive Data: All payment and banking details are processed securely via third-party services (e.g., Stripe) and are not stored directly by us.
• Purpose of Data Usage: Collected data is used for service operation.
• Security Measures: We implement industry-standard security measures, including encryption, to protect your data.
• User Rights: You have the right to access, edit, or delete your personal information at any time through your account settings.

9. Cookies and Tracking Technologies

AdXR uses essential cookies to operate and provide our services effectively:

• Functional Cookies: These are necessary for managing your session and providing a personalized experience. They include cookies for maintaining your login state and customizing the interface.
• No Opt-Out: Due to their essential role, there is no opt-out available for functional cookies. They are critical for the basic operations of our service.
• Usage: Cookies support various service functionalities such as improving service stability and enhancing security.

10. Termination and Suspension

AdXR reserves the right, at its sole discretion, to suspend or terminate your account at any time, for any reason, including but not limited to breaches of these Terms, engagement in illegal or fraudulent activities, or any actions that may compromise the security or proper functioning of our Service. We may provide notice of termination or suspension, as circumstances dictate.

Advertisers may request to delete their account at any time. Upon such a request, AdXR will process the account deletion at the end of the current billing cycle, and the advertiser will be charged for any remaining balance owed for services rendered up to the date of account deletion. This procedure ensures that all outstanding balances are settled before the account is permanently closed.

11. Disclaimers and Limitations of Liability

11.1 Disclaimer of Warranties

The Services provided by AdXR LLC are available “AS IS“ and “AS AVAILABLE.“ AdXR LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AdXR LLC makes no warranty that:

• The Services will meet your requirements or expectations.
• The Services will be uninterrupted, timely, secure, or error-free.
• The results that may be obtained from the use of the Services will be accurate or reliable.
• The quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
• Any errors in the Services will be corrected.

No advice or information, whether oral or written, obtained by you from AdXR LLC or through the Services shall create any warranty not expressly stated in this Terms of Service.

11.2 Limitation of Liability

You expressly understand and agree that AdXR LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AdXR LLC has been advised of the possibility of such damages), resulting from:

• The use or the inability to use the Services;
• The cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Services;
• Unauthorized access to or alteration of your transmissions or data;
• Statements or conduct of any third party on the Services;
• Any other matter relating to the Services.

11.3 Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 11.1 and 11.2 may not apply to you to the extent prohibited by law. In such cases, AdXR LLC's liability will be limited to the greatest extent permitted by applicable law.

11.4 Basis of the Bargain

You acknowledge that AdXR LLC has set its prices and entered into this Terms of Service with you in reliance upon the limitations of liability specified herein, which allocate the risk between you and AdXR LLC and form the basis of a bargain between the parties.

12. Indemnification

12.1 General Indemnity

You agree to defend, indemnify, and hold harmless AdXR LLC, its affiliates, and their respective directors, officers, employees, and agents (collectively, “Indemnified Parties“) from and against all claims, losses, costs, damages, liabilities, and expenses (including attorneys‘ fees) arising out of or related to:

• Your use of, or activities in connection with, the Services provided by AdXR LLC;
• Any violation or alleged violation of these Terms by you;
• Any infringement, or alleged infringement, by you, or any third party using your account, of any intellectual property or other right of any person or entity.

12.2 Conditions to Indemnification

AdXR LLC will provide you with:

• Prompt written notice of any claim, suit, or action for which indemnification is claimed, giving you control of the defense and settlement thereof (provided that you may not settle any claim unless it unconditionally releases AdXR LLC of all liability);
• Reasonable cooperation, at your expense, in the defense and settlement of such claim.

12.3 Limitations

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service. This indemnification does not apply to the extent the claim arises from AdXR LLC‘s gross negligence or willful misconduct.

13. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Wyoming without regard to its conflict of laws principles. Disputes arising under these Terms will be resolved by arbitration in Wyoming, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

14. General Provisions

These Terms constitute the entire agreement between you and AdXR regarding the use of the Service. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights.

15. Contact Information

If you have any questions about these Terms, please contact us at shahnt.madalian@adxr.io

16. Force Majeure

AdXR will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.