Terms of Service for the Private Preview and Public Preview “Beta” Versions of the Infinite Reality Studio Platform.

THE INFINITE REALITY STUDIO PLATFORM AND, SERVICES ARE PRE-RELEASE AND AVAILABLE SOLELY “AS IS.” THIS APPLIES WHETHER THE USER, GUEST, OR ANY OTHER VISITOR WAS INVITED OR GAINED ACCESS TO THE PLATFORM OR SERVICE BY ANY OTHER MEANS. THIS ALSO APPLIES TO ANALOGOUS PRE-RELEASE DESIGNATED OFFERINGS, AND THEREFORE NONE OF THESE VERSIONS WILL BE FULLY FUNCTIONAL AND MAY CONTAIN ERRORS AND/OR DESIGN FLAWS, AND MAY HAVE REDUCED, DIFFERENT OR NO SECURITY, PRIVACY, AVAILABILITY, AND/OR RELIABILITY STANDARDS. YOU MAY USE A PRE-RELEASE OFFERING SOLELY AT YOUR OWN RISK, UNDERSTANDING THAT SUCH VERSIONS ARE NOT INTENDED FOR USE IN BUSINESS-CRITICAL, HEALTH-CRITICAL, OR SECURITY CRITICAL SYSTEMS. INFINITE REALITY MAY CHOOSE NOT TO MAKE AVAILABLE A PUBLICLY AVAILABLE COMMERCIAL VERSION OF ANY PRE-RELEASE/BETA INFINITE REALITY STUDIO CLOUD PLATFORM OFFERING. INFINITE REALITY MAY ALSO CHOOSE TO ABANDON DEVELOPMENT AND TERMINATE THE AVAILABILITY OF A PRIVATE OR PUBLIC BETA INFINITE REALITY STUDIO CLOUD PLATFORM OFFERING AT ANY TIME WITHOUT LIABILITY.

Infinite Reality, Inc. (“Infinite Reality” or “Company”) provides the Infinite Reality Studio Platform (“iR Studio) which includes various other software, tools, applications, products, features and functionalities to allow hosts, guests, users and visitors to create, distribute, view, engage and connect including through their own 3D websites (the “Platform”). The following iR Studio terms of service (“Terms”) govern your use of the Platform and our Services and provide information about the Platform and our Services. Your use of this Platform and/or any of our Services is your acceptance of these Terms as well as your agreement to be bound by them and also the terms of our Privacy Policy. These Terms contain cross-references to other terms or provisions that may be applicable to you (for example, our Privacy Policy) so be sure to read and understand those terms as well, since you are responsible for complying with them as they set forth a legally binding agreement between you and Infinite Reality. In addition, Infinite Reality and its affiliates provide other platforms, websites, services and products. When you use the other platforms, websites, services and products you agree to the terms of service and privacy policies applicable to them.  Please be sure to read and understand those terms and conditions, as they set forth a legally binding agreement between you and Infinite Reality. For purposes of these Terms, the following words have the meanings stated below:

“Account” means an iR Studio Account where you can create a profile using an email address or other information and which allows you to save Content  and also purchase other iR Studio products and Services..

“Agreement” means when you create an iR Studio Account, click to accept our Terms, or use our Platform, you agree to these Terms and Privacy Policy and to be bound by them.

“Beta” means the Platform in a pre-release version before it is released in non-Beta version for general availability to the public or any other pre-release platform, service, feature or product.

“Change” means amend, modify, remove, add, or other similar meanings that may or may not happen from time to time regardless whether it is specifically stated so.  

“Content” means text, photo, video, audio, code, software or any other material posted to the Platform or Service, whether by a User, Visitor or other Services.

“Guest” means an instant visitor who enters a iR Space in iR Studio and who engages anonymously, either by invitation or any other means (e.g. without creating an Account).

“Host” means anyone who is eighteen (18) years of age or older who has created an Account and built a iR Space in which Content exists.

“Including” means that unless the context dictates otherwise, whenever the word “including” or similar is found in the Terms, it means “including, without limitation” and whenever the word “or” is found in the Terms it means “and/or.”

“IR Passport” means a feature in iR Studio which if enabled by a Host, provides an opportunity for a User who has created an Account and opted into data sharing to experience a more personalized and seamless experience when interacting within any Space in iR Studio, such as taking their avatar, friends lists and/or inventory from Space to Space.

“iR Space” means a defined area within the Platform created by a Host (e.g. a website) where Content may be seen and used by Visitors or Guests.  

“PAL” means a product using third-party (Google Gemini) generative artificial intelligence that allows a Host or website owner to engage visitors or users via audio and/or text chat to help facilitate sales, customer service and community management, which can be added to a Plan or purchased separately to be used as a standalone product or with a Third-Party Service.  

"PAL Terms” means the PAL Terms of Service set forth below which govern your use of the PAL product

“Plan” means an auto renewing  month to month or annual rate plan that is purchased by a Host and which is required in order to create a Space which is not in Beta.

“Platform” means the iR Studio Platform.

“Services” means any feature, product, website or platform of the Company, including iR Studio and  PAL.

“Terms” means these iR Studio Terms of Service which govern your use of the Platform.

“Third Party Service” means a service provider other than Infinite Reality.

“User”, “you” and “your” means you as the User of our Services  including a Host, a Visitor or Guest. If you use the Platform on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Terms and you agree to these Terms on the entity’s behalf.

“User Content” means any Content posted by a User.

“Visitor” means a User who enters a Space in the Platform, either anonymously or by creating an Account.

Beta Services. THE PLATFORM AND SERVICES INCLUDING PAL ARE PRE-RELEASE AND AVAILABLE SOLELY “AS IS.” THIS APPLIES WHETHER THE USER, GUEST, OR ANY OTHER VISITOR WAS INVITED OR GAINED ACCESS TO THE PLATFORM OR SERVICE BY ANY OTHER MEANS. THIS ALSO APPLIES TO ANALOGOUS PRE-RELEASE DESIGNATED OFFERINGS, AND THEREFORE NONE OF THESE VERSIONS WILL BE FULLY FUNCTIONAL AND MAY CONTAIN ERRORS AND/OR DESIGN FLAWS, AND MAY HAVE REDUCED, DIFFERENT OR NO SECURITY, PRIVACY, AVAILABILITY, AND/OR RELIABILITY STANDARDS. THERE ARE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING SERVICE LEVELS OR LEVELS OF PERFORMANCE OF THE PLATFORM OR ANY SERVICES. YOU MAY USE A PRE-RELEASE VERSION SOLELY AT YOUR OWN RISK.

WHEN YOU CREATE AN ACCOUNT, CLICK TO ACCEPT OUR TERMS, OR USE OUR PLATFORM, YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY AND TO BE BOUND BY THEM. PLEASE READ THESE TERMS AND OUR OTHER POLICIES CAREFULLY BEFORE USING OUR PLATFORM AS THEY CONTAIN IMPORTANT INFORMATION AND AFFECT YOUR LEGAL RIGHTS. THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN A JURY TRIAL OR CLASS ACTION IN COURT (AS DESCRIBED IN MORE DETAIL BELOW IN THESE TERMS), AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IF YOU DO NOT AGREE WITH OUR TERMS, PLEASE DO NOT CREATE AN ACCOUNT OR USE OUR PLATFORM.

From time to time, new Services (limited preview services, updated or new features to existing Services) may be offered on the Platform in a pre-release version. These new or updated features to existing Services or limited preview services shall be known, individually and collectively, as “Beta Services.” If you elect to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) You acknowledge and agree that your use of the Beta Services may expose you to unusual risks of operational failures; (iii) The Beta Services are provided as-is, so we do not recommend using them in production or business critical or other critical  environments; (iv) Company reserves the right to modify, Change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may Change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent releases; (vi) Company may limit availability of customer service support of the Beta Services; (vii) You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience; (viii) You acknowledge and agree that Company may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our Beta Services; (ix) You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions regarding the Beta Services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to iR Studio; (x) The Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, Infinite Reality disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

Feedback. You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services shall be owned exclusively by the Company.

The Platform. The Platform is provided with a license that allows you to use the Content posted to or made available through our Platform. Hosts do not have permission to use the assets in other 3D websites/applications without prior written consent. Any first-person Content provided by Infinite Reality that is licensed from a third-party, will be provided under the terms and conditions of the third-party license. Furthermore, where there are links to other Content, materials or websites from third-parties, the linked third-party websites are not under the control of Infinite Reality and we are not responsible for the Content of any third-party linked website or any link contained in a third-party linked website. We reserve the right to terminate any third-party link or linking program at any time. Infinite Reality does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third-party websites linked to our Platform, you do this entirely at your own risk.

THIS PLATFORM AND SERVICES ARE AVAILABLE ONLY TO USERS WHO CAN FORM A LEGALLY BINDING CONTRACT UNDER APPLICABLE LAW. BY VISITING THE WEBSITE OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE (I) AT LEAST EIGHTEEN (18) YEARS OF AGE, (II) OTHERWISE RECOGNIZED AS BEING ABLE TO FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, AND/OR (III) NOT A PERSON BARRED FROM PURCHASING OR RECEIVING THE SERVICES FOUNDUNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION.

Community. By using the Platform, you are becoming a member of a community that depends on the goodwill and responsible behavior of each of its Users. You are prohibited from transmitting or communicating illegal conduct, images, or text, including those containing ethnic slurs, sexually explicit material, threatening material, calls for violence or death, terrorism, inflammatory or derogatory comments, or anything else that may be construed as harassing, offensive or unlawful (a more detailed list of prohibited Content is provided below). Users who violate these community standards, as determined by us in our sole discretion, may have their access to the Platform suspended or terminated as more specifically discussed in these Terms.

Our Privacy Policy. Providing our Platform requires collecting and using your information. Our Privacy Policy explains how we collect, use, and share your information. It also provides you with information as to ways you can control your information, including the use of privacy settings.

Who can use our Platform? We want the Platform to be safe and secure in accordance with the law. Accordingly, we must ask that you agree to the following restrictions to use the Platform.

• You must not be restricted from using or receiving the Platform under applicable laws;
• You must not be on an applicable Sanctioned, Screening or Denied Persons List and you must not have been identified as a Specially Designated National or placed on any U.S. Government list of prohibited, sanctioned, or restricted parties;
• You must not be located in a country that is subject to a U.S. Government embargo or sanction; and
• We must not have previously disabled any of your Infinite Reality account(s) for a violation of law or any of our policies.

You must provide transparent and accurate information. You must provide us with accurate and up to date information (including Account registration information). You are responsible for the security of your Account information and you acknowledge and agree that it is your sole responsibility to maintain your Account information, including payment information. You should not share your log-in credentials with others, and you must immediately report any breach of your log-in credentials to us. You are prohibited from impersonating someone you are not.

You will not and you agree not to do any of the following while using our Services.

• Engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative, fraudulent, deceptive or misleading activity.
• The sale of illegal products, the publication of terrorist Content, manipulative design patterns, and disinformation.
• Displaying targeted advertisements to Users based on sensitive data such as race, religion, and political opinions.
• You will not advertise based on profiling using personal data relating to a Visitor, User, or Guest where you know with reasonable certainty that the Visitor or Guest is a minor.
• Using deceptive and/or manipulative interfaces that prevent Users from making informed and free choices.
• Violate (or help or encourage others to violate) these Terms or other applicable terms of service, or our policies, or do anything that interferes with or alters the intended operation of the Platform.
• Create Accounts or collect information in an unauthorized or automated way without our express permission.
• Buy, sell, or transfer any aspect of your Account (including your username) or solicit, collect, or use login credentials or badges of other Users.
• Sell, disclose, share, rent, lease, syndicate, modify, reverse engineer, decompile, lend or otherwise alter any user personal information and take all reasonable measures to protect all user personal information under your control or in your possession from unauthorized access by third-parties.
• Post private or confidential information or do anything that violates someone else’s rights, including intellectual property rights.
• Use a domain name or URL in your username without our prior written consent.
• Damage, interfere with or unreasonably overload the Platform.
• Introduce any code intended to disrupt or interfere with the Platform.
• Alter or delete any information, data, text, links, images, software, chat, communications and other Content available through the Platform or Services.
• Access the Platform by expert system, electronic agent, “bot” or other automated means.
• Use scripts or disguised redirects to derive benefit from us.
• Modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive any of our source code for any reason.
• Post any material in any form whatsoever on the Platform within our community that (i) is discriminatory, harassing, hateful, bullying, abusive, pornographic, threatening, defamatory, obscene, or violent, (ii) promotes weapons, firearms or any technology of violence; or (iii) is considered junk mail, spam, a part of a pyramid scheme, a disruptive message or disruptive advertisement, or (iv) otherwise is unlawful or violates any third-party’s right of privacy or publicity.
• Infringe any third-party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third-party in connection with your use of the Platform or Services.
• Use manual or automated software, devices or other processes to “scrape,” “crawl,” “spider”, “data-mine”, or “index” any page or Content.
• Hack or interfere with the Services or the Platform, its servers or any connected networks.
• Access the Platform from a different Account or address, including a different blockchain address if we have blocked any of your other Accounts or addresses from accessing our Platform, unless you have our prior written permission.
• Use the Platform for money laundering, terrorist financing or other illicit finance.
• Use the Platform to carry out any financial activities subject to registration or licensing, including creating, selling or buying securities, commodities, options or debt instruments.
• Use the Platform to create, sell or buy NFTs or other items that give owners’ rights to participate in an initial coin offering (“ICO”) or any securities offering, or that are redeemable for securities, commodities, or other financial instruments.
• Use the Platform to engage in NFT price manipulation, fraud, or other deceptive, misleading, or manipulative activity.
• Use the Platform to buy, sell or transfer stolen items, fraudulently obtained items, items taken without authorization, or any other illegally obtained items.
• Use the Platform to buy, sell or transfer alcohol or any drug, whether it is a prescription drug or available over the counter.

Responsibility of Users and Visitors. We have not reviewed, and cannot review, all the Content posted in a Space whether by a Host or Guest, or made available on or through our Platform or Services by Users or anyone else on websites that link to, or are linked from, our Platform or Services. We are not responsible for any use or effects of Content or third-party websites on the Platform or Services. For example:

• We do not have any control over third-party websites.
• A link to or from our Platform does not represent or imply that we endorse any third-party website.
• We do not endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third-parties.
• The Host is responsible for the Content available in the Space, and any harm resulting from that Content. It is your responsibility to ensure that the Content abides by applicable laws and by these Terms.
• We are not responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content.
• Any Content that is for sale through our Platform is the seller’s sole responsibility, and you must look solely to the seller for any damages or liability that result from your purchase or use of Content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

European Union Digital Services Act (“DSA”). This Section sets out provisions, processes and disclosures, as required under the DSA, which regulates the provision of certain digital intermediary services provided in the European Union (“EU”) and sets out rules on the role of providers and imposes content moderation requirements and transparency obligations. These provisions apply to you if you are in the EU and/or if you are using the Platform or Services falling within the scope of the DSA. In the event of any conflict between the terms set out in this Section and the other provisions of these Terms, the terms of this Section shall prevail.

Rules of conduct. Users are prohibited from providing, publishing, or transmitting content which is incompatible with or violates these Terms or any applicable laws in the EU ("Unauthorized Content").

Content moderation overview. Infinite Reality may voluntarily take action against any Unauthorized Content, in accordance with these Terms. In addition, Infinite Reality may receive notices from EU authorities reporting the presence of alleged illegal content on (or transmitted through) this Platform or any Service (including without limitation any website hosted by Infinite Reality). Infinite Reality may, at any time and in some cases, without prior notice, remove any Unauthorized Content provided on (or through) this Platform or any Service or suspend or terminate access to a whole Service (e.g., disabling an Account). In addition, with respect to “repeat offenders,” namely Users frequently providing manifestly Unauthorized Content, Infinite Reality may suspend or terminate their access to the Platform or Services. In addition, if any User frequently provides unfounded notices of alleged Unauthorized Content, Infinite Reality may suspend the processing of its notices.

Measures and tools for review. Notices and orders are generally subject to human review. Infinite Reality may also use a machine learning tool or model that helps process certain claims and detect phishing on websites hosted by Infinite Reality. Actions taken in response to notices and/or orders which relate to User Content, if any, are generally subject to human review.

Content moderation decisions. If you disagree with a Content moderation decision regarding the presence of information considered to be illegal Content on an Infinite Reality EU online platform or a decision taken by Infinite Reality to remove (or not to not remove) Content or to suspend, restrict or terminate (or to not suspend, restrict or terminate) access to an Infinite Reality EU online platform on the ground that you or any User of the Service provided Unauthorized Content, you may lodge a complaint with Infinite Reality. The complaint must be lodged within six (6) months from the date on which you are informed of the decision. To lodge your complaint, you should respond to the email or other communication informing you of the decision and provide any additional context or information for Infinite Reality to reassess the decision. Infinite Reality will review your complaint and respond. If a User frequently provides manifestly unfounded complaints, Infinite Reality may suspend the processing of such complaints, after a warning.

Notification of violations. You can notify us of Content that you think is illegal, including Content that you think violates these Terms or any of our other policies, or any other Content you find to be inappropriate, as well as if you are notified that Content you have posted infringes on the intellectual property rights of any other third-party, by contacting Customer Care. Note that you are required to notify us if you receive an infringement notice or other take down request regarding your Content whether received through the Platform, Services or by any other means, and failing to do so is considered a material breach of these Terms. Once Infinite Reality receives a report, it will review the report and in its sole discretion determine whether such Content shall be removed. Furthermore, we do not need to receive a report to remove Content, and we may do so at any time.

Copyright infringement notices and Digital Millennium Copyright Act. We respect the intellectual property rights of others and we ask you to do the same. We comply with the requirements of the Digital Millennium Copyright Act (the “DMCA”) and the Platform avails itself of the protections under the DMCA. If you believe that any Content infringes upon any copyright which you own or control, you may send a written notification with the following information to Customer Care:

• • A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;
• • The specific location or user that contains the alleged infringing material, with reasonably sufficient information to enable us to locate the alleged infringing material on the Platform;
• • Your name, mailing address, telephone number and email address;
• • The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
• • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• • A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Our policy is to (i) remove or disable access to Content that we know to be infringing the intellectual property rights of third parties or that has been identified in a valid DMCA notice and (ii) in appropriate circumstances terminate the Accounts of and block access to the Platform by any Users who in our sole discretion, are repeat infringers. Knowingly misrepresenting in a notification that material is infringing can subject you to damages, including costs and attorneys’ fees, incurred by us or the claimed infringer. You understand that we may forward your notification (including your contact information) to the author of the allegedly infringing Content so they understand why it is no longer available and they can contact you to resolve any dispute.

Counter notice to restore User Content removed for alleged copyright infringement. If you believe that your Content is not infringing or that you have the authority to use the Content, you may send a counter notice as follows:

• • Your name, address, telephone number and email address;
• • A description of where on the Platform the Content that was removed or disabled previously appeared;
• • A statement under penalty of perjury that you have a good faith believe that the Content was removed or disabled as a result of a mistake or misidentification;
• • A statement that you consent to the jurisdiction of the U.S. District Court for the judicial district in which your address is located, or if your address is outside of the United States, the District of New York and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
• • Your electronic or physical signature.

You understand that we may send a copy of any counter notice (including contact information) to the party that initially sent the notification of infringement, which they can use to contact you. Unless the copyright owner files an action seeking a court order against the provider of the Content, the removed Content may be replaced or access to it restored in after receipt of the counter-notice, in our sole discretion.

The Platform license. We grant to you a non-exclusive, limited, revocable, non-transferable, non-assignable, non-sublicensable and personal right and license to access and use the Platform, subject to the additional Terms of your Plan (the “License”). This License is not for sale or for redistribution of any kind and the License is granted to you for the sole purpose of enabling you to use the Platform as permitted by these Terms.

Permissions and licenses you give to us. As part of your agreement with us, you agree to give us the permissions we need and require to provide our Platform and Services. Although we do not claim ownership of User Contentposted on or through the Platform or Services, you therefore grant to us a non-exclusive, royalty free, fully paid-up, transferable, sub-licensable, perpetual, worldwide right and license to use your Content and you represent you have the right to do so. When you share, post, submit, or upload User Content including Content that is covered by intellectual property rights (like photos, videos, artwork, words, music, etc.) on or in connection with the Platform or Services, you hereby further grant to us a non-exclusive, royalty free, fully paid-up, transferable, sub-licensable, perpetual, worldwide right and license to host, store, use, distribute, modify, run, copy, localize, reproduce, publicly perform, publicly display, translate, transfer, distribute and create derivative works of and collective works with your User Content (the “User Content License”). To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights (droit moral) or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you submit or upload on or through the Platform or Services. The rights and User Content License you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have separate liability to you or any third-party for the User Content that you have made available on or through the Platform or Services or used on those third-party services via our Platform or Services. In addition to and not in limitation of the foregoing, the User Content License includes the right for us to reference your Content with other User Content or material to promote, market or advertise the Company, or our Platform.  We may also use User Content for educational purposes to promote the Platform (and we will reasonably determine whether a use is educational). We are not required to give you any attribution or compensation for any reason. We are not required to use the User Content License or exploit any of the rights granted by you. By uploading or submitting any User Content to the Platform or Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such Content.

Components under other licenses. The Platform or Services may include Infinite Reality or third-party components with separate legal notices or terms as may be described in proprietary notices accompanying the Platform component. If and to the extent there is a conflict between the terms in this License and the license terms associated with a component, the license terms associated with a component control only to the extent necessary to resolve the conflict. It is your responsibility to have appropriate rights or licenses for Content you wish to use or create.

You represent and warrant (i) that you own or have secured all rights necessary to use, publicly perform, publicly display, distribute and deliver all of your Content and to grant this User Content License, and (ii) that your User Content does not infringe on anyone else’s intellectual property rights. You have full responsibility for any User Content you post or submit, and we take no responsibility and assume no responsibility or liability for any of your User Content.  This User Content License survives even if you stop using the Platform or Services, or terminate or delete your Account. Remember that if you delete your User Content or Account, your User Content will continue to appear if, among other things you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your Content, review the Privacy Policy.

In addition to the foregoing and not in limitation thereof, the rights and User Content License you have granted to us includes the right to reproduce sound and video recordings (and make mechanical reproductions of the musical works embodied in all such recordings), and publicly perform and communicate to the public such recordings (and the musical works embodied therein), all on a royalty-free basis; which means that you are granting us the right to use your User Content without the obligation to pay royalties to any third-party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any film studio, any unions or guilds, and engineers, producers or other royalty participants involved in the creation of your User Content. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant through these Terms to us. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in these Terms or have such music publisher enter into these Terms with us. You should not presume that since you authored a musical work that you have all the rights necessary to grant us the rights and licenses in these Terms.

You also give us permission to show your username, profile picture, and information about your actions or relationships (e.g. likes, follows, etc.) next to or in connection with Accounts, ads, offers and other sponsored Content that you follow or engage with that are displayed on the Platform, without any compensation to you other than as provided in these Terms. You also agree that we can download and install updates to the Platform on your device.

Other content licenses. Subject to your compliance with our Terms and our other policies, we grant you a non-exclusive, limited, revocable, non-transferable, non-assignable, non-sublicensable and personal right and license to use other Content that we develop and make available on our Platform solely for use on our Platform (the “Other Content License”).

Commercial use. Subject to these Terms, the License, and the Other Content License, you are expressly prohibited from selling, reselling, sublicensing, or otherwise redistributing  (i) the Platform or Services, (ii) the License or any other License (iii) any registration data, (iv) any Content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, musical compositions, sound recordings, screenshots, videos, chats, posts, graphics, identifying marks, software, code, App pages, and other original works of authorship or intellectual property uploaded to or incorporated into the Platform or Services by or on behalf of the Company, which is and shall remain the sole and exclusive property of Company or the applicable third-party licensor thereof, or (v) any User Content, that you or any other user submits or uploads onto the Platform or Services which User Content is and shall remain the sole and exclusive property of you or the applicable User (or the applicable third-party licensor thereof), unless subject to any other written agreement between the Company and you or any other User or third-party licensor, as applicable.

Ownership. As between any User and Company, Company retains all ownership, right, title and interest in and to the Platform and Services, throughout the world, in perpetuity, including, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial Content, HTML, look and feel, software, and data, (ii) all business processes, technology, tools, procedures, methods, and techniques used in the Platform or Services, (iii) all other materials and Content uploaded or incorporated into the Platform or Services, including all Content (but excluding User Content, which as between Company and the applicable User is owned by the applicable User subject to the User Content License granted by such User to Company pursuant to these Terms), (iv) all associated trade secret rights and all other intellectual property and proprietary rights recognized anywhere in the world; (v) all improvements, enhancements, features, contributions, and additions; and (vi) the coordination, selection, arrangement and enhancement of such Platform or Services as a Collective Work under the United States Copyright Act, as amended (collectively, “Company IP”) and nothing contained herein shall be construed as creating or granting to any User any right, title or interest in and to such Company IP other than the express License and Other Content License granted therein pursuant to these Terms. Company IP is protected in all forms, media and technologies now known or hereinafter developed as well as by the domestic and international laws of copyright, trademarks, patents, and other proprietary rights and laws.

Additional rights we retain. If you select a username or similar identifier for your Account, we may Change it, or disable, suspend or freeze your Account if we believe it is appropriate or necessary to do so (for example, if it infringes someone’s intellectual property, impersonates another user, or is offensive or suggestive). If you use Content covered by intellectual property rights that we have and make available in the Platform or Services (for example, images, designs, videos, music or sounds we provide that you add to Content you create or share), we retain all rights to our Content (but not yours). Removal of any marks indicating our intellectual property rights such as trademarks and copyright is prohibited.

You can only use our intellectual property, patents and trademarks or similar marks as expressly permitted by these Terms or with our prior written permission. You acknowledge that we are the sole and exclusive owner of our Company IP and other intellectual property.  Registration or attempted registration of our marks in whole or in part is prohibited. You may not manufacture, sell or give-away merchandise items bearing any of our marks, except pursuant to an express written trademark license from us. You may not imitate our distinctive design, logos or typefaces or other trade dress, except pursuant to an express written trademark license from us. You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content removal and disabling or terminating your Account. We may require you to provide additional information and documents in certain circumstances such as at the request of any government authority as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, we in our sole discretion, may disable your Account and block your ability to access our Platform or Services until such additional information and documents are processed by us. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to our Platform or Services. Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it.

AI Technology.

Our Company utilizes generative artificial intelligence (AI) technology to enhance and improve the Services we provide. Please note that this technology is still experimental and evolving. While we strive to offer the most accurate and efficient results, there may be instances where the AI may not function as intended, experience performance limitations, or produce unexpected, fictitious, incorrect, or offensive outcomes that do not represent the views of the Company. By using our Services, you acknowledge and accept that the use of generative AI comes with inherent risks, and we cannot guarantee flawless performance. You agree that our Company will not be held responsible for any issues, errors, loss or damages arising from your use of the AI technology. If you have any concerns or require further clarification, please contact Customer Care.

Paid Services, plans and fees. While some of the Beta releases and features may be  free to use, in order to use some features of the Platform or any Service once it is no longer in Beta and no longer free to use, you will be required to purchase a Plan. Some of our Beta releases and features may require the purchase of a Plan.  This section and others explain how we handle payments and transactions for those Plans (“Plan Fees”). Once purchased You agree and authorize Company or its affiliates or authorized agents, as applicable, to automatically bill and charge you the Plan Fee using your selected payment method (acceptable to Infinite Reality) in regular intervals (such as monthly or annually) using our third-party payment processor, Stripe (“Payment Processor”), and all payments will be processed in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method you provide with your Account, and you must notify Company of any Change in your payment account information, either by updating your Account or by contacting Customer Service. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes.  Should you choose not to purchase a Plan, you will no longer be able to access or use iR Studio and any User Content you created will be lost. In addition, when you create, upload or post Platform Content, use iR Studio creator tools or use certain features, products or functionalities on our Platform, you may be subject to additional fees and charges, including renewals (“Fees”) established from time to time, and as may be adjusted from time to time, in the sole discretion of Company.

Fees For Third Party Services. Third Party Services purchased via the Services may be subject to different refund or other policies that those Third-Party Services determine, and such Third-Party Services may be non-refundable. The purchase terms and conditions for such Third-Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It is your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third-Party Service. Unless otherwise stated in this Agreement, we do not offer refunds for purchases of Third-Party Services.

Cancellation andFee changes. Company reserves the right to impose Fees or change its Plan Fees and Fees at any time, and such changes shall either be posted online (e.g. on the Platform) and effective immediately without need for further notice to you, or notice shall be provided to you by email, subject to the terms of your Plan. New fees will not apply retroactively. If you do not agree with the Fee changes, you have the right to reject the change by canceling the Plan and any other additional products you purchased, before your next payment date which can be done by logging into the iR Studio dashboard. If you do choose to cancel, you can do so at any time, and the cancellation will be effective at the end of the next billing term. All amounts are non-refundable unless otherwise noted in your Plan.

Auto Renewal. To ensure that you do not experience an interruption or loss of service, all Services are offered on automatic renewal unless otherwise specified. Unless prohibited by law, Company will automatically renew the applicable Service upon expiration of the then current term for a renewal period equal in time to the most recent Service period, at the then current list price for such Service, and charge the payment method associated with your Account for such Service. For example, if you are on a monthly Plan, each billable renewal period will be for one (1) month. By agreeing to these Terms, you authorize us to charge your payment method on file with your Account. You may cancel your automatic renewal through your Account, and such cancellation will be effective at the end of the next billing term.

Taxes. All Fees are exclusive of applicable taxes, unless explicitly stated otherwise. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of our Platform or Services.

Disputes between Users and Content owners. If a User has any issues with any Content on the Platform, the User should first contact the Content owner directly to make a genuine, good faith effort to resolve the issue. We want to make sure that the use of our Platform is a positive experience and as a result, we have the right (but not the obligation) to intervene in issues between Users and Content owners so that we can help resolve them. If we choose to take action in any dispute between a User and a Content owner, our decision is final and User and Content owner will accept our decision. User agrees to work with us in a timely manner to resolve all such issues, and failure to do so is a violation of these Terms.

Our Agreement. If you use certain other features or related services in addition to your Plan, you must agree to any additional terms governing those features or services that will also become a part of our Agreement. If any of those terms conflict with this Agreement, those other terms will govern. If any aspect of this Agreement is unenforceable, the rest will remain in effect.  Any amendment or waiver to our Agreement must be in writing and signed by us. If we fail to enforce any aspect of this Agreement, it will not be a waiver. We reserve any and all rights not expressly granted to you.

How to contact the company with questions. If you have questions about these Terms, our Platform, our Services, our policies, or any other matter, you can contact us by emailing Customer Care or by mail at the address below:

Infinite Reality, Inc.

Attn: Customer Care

16 Washington St.

P.O. Box 13

Norwalk, CT 06854

Who has rights under this Agreement? This Agreement does not give rights to any third-parties and you cannot transfer your rights or obligations under this agreement without our prior written consent. Furthermore, our rights and obligations can be assigned to others. For example, this could occur if our ownership Changes (as in a merger, acquisition, or sale of assets) or by law.

Who is responsible if something happens? We will use reasonable skill and care in providing the Platform and Services to you and in keeping a safe and secure environment, but we cannot guarantee that the Platform or Services will always function without disruptions, delays, or imperfections. We make no representations, warranties or guarantees regarding service levels or levels of performance of the Platform or any Services except solely to the extent expressly agreed in a service level agreement for a specific Service Plan and such service level agreement is made a part of these Terms. We do not accept responsibility for losses (i) not caused by our material breach of these Terms, (ii) from any offensive, inappropriate, obscene, unlawful, or otherwise objectionable Content posted by others that you may encounter on the Platform or Services, or (iii) from events beyond our reasonable control.

WE ARE NOT RESPONSIBLE AND HAVE NO LIABILITY FOR ANY DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE OR BACK-UP ANY USER CONTENT. YOU ARE FULLY RESPONSIBLE AND LIABLE FOR THE CONTENT THAT YOU UPLOAD. THIS SECTION DOES NOT EXCLUDE OR LIMIT OUR LIABILITY FOR ANYTHING WHERE THE LAW DOES NOT PERMIT US TO DO SO.

Indemnification. To the maximum extent permitted by law, you agree to release, defend and indemnify us, as well as our respective officers, directors, members, managers, employees, equity holders, successors, agents, licensors, contractors, service providers, vendors, subsidiaries and affiliates (collectively the “ Company Indemnitees”), from any and all claims, demands, damages, losses and causes of action (including attorneys’ fees and court costs) of every kind or nature, known or unknown, foreseen or unforeseen, in law or equity whether in tort, contract or otherwise, including but not limited to damages to property or personal injury directly or indirectly arising out of or relating to: (1) your access to or use of the Platform or Services, (including any interactions with, or act or omission of, other users of the Platform or any third-party links, advertisements or other Content), (2) your breach of these Terms including any infringement of intellectual property rights, (3) your negligence or misconduct, or (4) any information or materials in any form whatsoever that are provided by you (or through your username or password).

BY ENTERING INTO THIS AGREEMENT, YOU EXPLICITLY WAIVE ANY PROTECTIONS, WHETHER ESTABLISHED BY LAW OR OTHERWISE, THAT WOULD LIMIT THE SCOPE OF THIS RELEASE TO ONLY THOSE CLAIMS YOU ARE AWARE OF OR SUSPECT EXIST AT THE TIME OF AGREEING TO THIS RELEASE. YOU AGREE TO COOPERATE FULLY AND REASONABLY IN OUR DEFENSE OR SETTLEMENT OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR REASONABLE DISCRETION, TO TAKE EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER FOR WHICH YOU ARE PROVIDING INDEMNIFICATION.

California residents. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Unsolicited material. We always appreciate feedback or other suggestions.  If we decide to use them, we may do so without any restrictions or obligation to compensate you. Furthermore, We are under no obligation to keep them confidential.

Updating Terms. We may make Changes to the Platform or Services, these Terms, any Service Terms or our policies at any time and from time to time at our sole discretion, including to make Changes so that they accurately reflect the Platform, Services, and policies and to bring to you the best possible service. You must review these Terms any Service Terms carefully and to check them periodically for any updates or Changes and to ensure that you understand the terms and conditions that apply when you access or use the Platform or Services.  Unless otherwise required by law, if we make a material Change or amendment to these Terms, any Service Terms our Platform, Services or our policies we will use reasonable efforts to provide a notice of such Changes or amendments on the Platform or through the Platform by posting the revised Terms on the Platform, or updating the “last updated” date at the beginning of these Terms, and such Changes or amendments will be effective automatically upon the posting of such notification. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding the terms of this paragraph, no revisions to the Terms will apply to any dispute between you and us that arose prior to the effective date of such revision. We may, from time to time, release new versions of the Platform, remove, release or introduce new tools, products, services, functionalities, or features for the Platform, which will be deemed to be a part of the Platform and shall be subject to these Terms, and any additional Terms as may apply to such additional versions, tools, products, services, functionalities, or features shall be deemed to be a part of your agreement with us.

IF ANY PROVISION OF THESE TERMS OR OUR POLICIES, OR ANY FUTURE CHANGES OR AMENDMENTS ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO ACCESS THE PLATFORM OR ANY SERVICES AND DO NOT CREATE AN ACCOUNT. YOUR CONTINUED ACCESS OR USE OF THE PLATFORM OR ANY SERVICE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE OR AMENDMENT TO THESE TERMS SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE OR AMENDMENT.

Modifications to the Platform or Services. We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Platform or Services at any time and without any liability.

PAL TERMS OF SERVICE

The following terms of service govern your use of our  PAL Service and provide information about PAL. To use our  PAL Service, you must agree to these  PAL Terms of Service (“ PAL Terms”) and each of the terms and conditions of the iR Studio Terms that refer to our Services and/or the  PAL Terms which collectively form a legal and binding agreement between Infinite Reality, Inc. (“Company”) and you the user (“You” or “Your”). The terms and conditions of the iR Studio Terms that refer to our Services and/or the PAL Terms are incorporated by reference into these  PAL Terms. Your use of the PAL Service is your acceptance of these collective terms and conditions and your agreement to be bound by them and the terms of our Privacy Policy.  

Capitalized Terms used in the  PAL Terms but not defined shall have the meanings ascribed to them in the iR Studio Terms.

If using  PAL as an additional product to an iR Studio Plan, You must also agree to all of the iR Studio Terms which together with the  PAL Terms form a legal and binding agreement between the Company and You.

If using  PAL with a Third-Party Service, You must agree to these  PAL Terms as well as any additional terms and conditions of the Third-Party Service.

We also encourage You to read our Privacy Policy (and any privacy notices presented in connection with a Service) to better understand what information we collect and how You can manage Your information.

Age requirements. PAL IS AVAILABLE ONLY TO USERS WHO CAN FORM A LEGALLY BINDING CONTRACT UNDER APPLICABLE LAW. BY VISITING THE WEBSITE OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE (I) AT LEAST EIGHTEEN (18) YEARS OF AGE, (II) OTHERWISE RECOGNIZED AS BEING ABLE TO FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW, AND/OR (III) NOT A PERSON BARRED FROM PURCHASING OR RECEIVING THE SERVICESUNDER THE LAWS OF THE UNITED STATES OR OTHER APPLICABLE JURISDICTION.

Your content. You may provide input to the PAL Service (“Input”), and receive output from the  PAL Service based on the Input (“Output”). Input and Output are collectively “Content.” You are responsible for Content, including ensuring that it does not violate any applicable law or these Terms (including the PAL Terms), or any Third-Party Service terms. You represent and warrant that You have all rights, licenses, and permissions needed to provide Input to our  PAL Service and for your Content.

Ownership of content. As between You and Company, and to the extent permitted by applicable law, You retain Your ownership rights in Input and own the Output.

Similarity of content. Due to the nature of our PAL and artificial intelligence generally, Your Output may not be unique and other users may receive similar output from our  PAL.

Our use of content. We may use Content to provide, maintain, develop, and improve our PAL, comply with applicable law, enforce these Terms or other terms and policies, and keep our PAL safe.

Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our  PAL to make the Product more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our PAL  may, in some situations, result in Output that does not accurately reflect real people, places, or facts.

When You use our PAL You understand and agree:

• Output may not always be accurate. You should not rely on Output from our PAL as a sole source of truth or factual information, or as a substitute for professional advice.
• You must evaluate Output for accuracy and appropriateness for Your use case, including using human review as appropriate, before using or sharing Output from the PAL.
• You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
• Our  PAL may provide incomplete, incorrect, or offensive Output that does not represent Company’s views. If Output references any Third-Party Services or products, it doesn’t mean the third party endorses or is affiliated with Company.

Use restrictions. You may not use  PAL to develop machine learning models or related technology.

Discontinuation of  PAL. We may decide to discontinue PAL at any time and for any reason.

Our IP rights. As between You and Company, we own all rights, title, and interest in and to PAL.

The  PAL license. We grant to you a non-exclusive, limited, revocable, non-transferable, non-assignable, non-sublicensable and personal right and license to access and use the PAL Service, subject to the additional terms of your applicable Plan or Service subscription (the “ PAL License”). This  PAL License is not for sale or for redistribution of any kind and the PAL License is granted to you for the sole purpose of enabling you to use the PAL Service as permitted by these  PAL Terms.

Billing. You agree and authorize Company or its affiliates or authorized agents, as applicable, to automatically bill and charge You for the use of PAL using Your selected payment method (acceptable to Infinite Reality) in regular intervals (such as monthly or annually) using our third-party payment processor, Stripe (“Payment Processor”), and all payments will be processed in accordance with Stripe’s terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payment using the payment method You provide with Your Account and You must notify Company of any Change in Your payment account information, either by updating Your Account or by contacting Customer Service. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received

Fees For Third Party Services. Third Party Services that are used and/or purchased in conjunction with  PAL may be subject to different refund or other policies that those Third-Party Services determine, and such Third-Party Services may be non-refundable. The purchase terms and conditions for such Third-Party Services may be displayed during the purchase process, such as through a link to the purchase terms and conditions. It is Your responsibility to verify Your ability to purchase, cancel or obtain a refund for a Third-Party Service. Unless otherwise stated in this Agreement, we do not offer refunds for purchases of Third-Party Services.

Fee Changes and cancellation. Company reserves the right to impose Fees or Change its Fees at any time, and such Changes shall either be posted online and effective immediately without need for further notice to You, or notice shall be provided to You by email. New fees will not apply retroactively. If You do not agree with the Fee Changes, You have the right to reject the Change by canceling the Plan and any other additional products You purchased, before Your next payment date which can be done by logging into Your Account . If You do choose to cancel, You can do so at any time, and the cancellation will be effective at the end of the next billing term. All amounts are non-refundable unless otherwise noted.

Auto-renewal. PAL is offered and charged as an automatic renewal unless otherwise specified. Unless prohibited by law, Company will automatically renew the applicable Service upon expiration of the then current term for a renewal period equal in time to the most recent Plan period, at the then current list price for such Plan, and charge the payment method associated with Your Account for such Plan. For example, if You are on a monthly Plan, each billable renewal period will be for one (1) month. By agreeing to these Terms, You authorize us to charge Your payment method on file with Your Account. You may cancel Your automatic renewal through Your Account, and such cancellation will be effective at the end of the next billing term.

Taxes. All Fees are exclusive of applicable taxes, unless explicitly stated otherwise. You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with Your use of PAL .

Indemnification. To the maximum extent permitted by law, You agree to release, defend and indemnify us, as well as our respective officers, directors, members, managers, employees, equity holders, successors, agents, licensors, contractors, service providers, vendors, subsidiaries and affiliates (collectively the “ Company Indemnitees”), from any and all claims, demands, damages, losses and causes of action (including attorneys’ fees and court costs) of every kind or nature, known or unknown, foreseen or unforeseen, in law or equity whether in tort, contract or otherwise, including but not limited to damages to property or personal injury directly or indirectly arising out of or relating to: (1) Your access to or use of  PAL or any other Services; (2) Your breach of these  PAL Terms including any infringement of intellectual property rights; (3) Your negligence or misconduct;  (4) any Input provided by You or anyone using Your Account; or (5) any Output and/or Content.  

BY ENTERING INTO THIS AGREEMENT, YOU EXPLICITLY WAIVE ANY PROTECTIONS, WHETHER ESTABLISHED BY LAW OR OTHERWISE, THAT WOULD LIMIT THE SCOPE OF THIS RELEASE TO ONLY THOSE CLAIMS YOU ARE AWARE OF OR SUSPECT EXIST AT THE TIME OF AGREEING TO THIS RELEASE. YOU AGREE TO COOPERATE FULLY AND REASONABLY IN OUR DEFENSE OR SETTLEMENT OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR REASONABLE DISCRETION, TO TAKE EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER FOR WHICH YOU ARE PROVIDING INDEMNIFICATION.

California residents. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Disclaimers.   PAL includes experimental technology and may sometimes provide inaccurate, fictitious, or offensive Content that does not represent the views of Infinite Reality. Use discretion before relying on, publishing, or otherwise using Content and/or Output provided by  PAL. Do not rely on  PAL for medical, legal, financial, or other professional advice. Any Content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional. Content and/ or Output created by  PAL does not constitute medical treatment or diagnosis. Infinite Reality will have no liability for any recommendations made to potential users as part of  PAL or its use through any Third-Party Services.

PAL IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO iR PAL, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT  PAL WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM  PAL IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO USER OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE PLATFORM OR SERVICES OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SUCH PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

Liability Cap. To the maximum extent permitted by applicable law, You agree that Your sole remedy is to delete Your Account. In no event will the maximum aggregate liability arising out of Your use of the Platform or Services exceed U.S. Fifty Dollars (US$50.00). This limitation shall apply to any and all liabilities or causes of action however alleged or arising, including negligence, breach of contract, breach of warranty, or any other claim whether in tort, contract, or equity.

PLEASE READ THE FOLLOWING  SECTIONS CAREFULLY – THEY APPLY TO THE TERMS AND THE PAL TERMS AND THEY  CONTAIN AN ARBITRATION AGREEMENT. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THEY ALSO CONTAIN A WAIVER TO JURY TRIAL, CLASS ACTION WAIVER AND OTHER TERMS.

How we will handle disputes through arbitration. We would like an opportunity to address your concerns without a formal legal case. Before filing a claim against us, you agree to try to resolve the dispute informally by first contacting Customer Care. We will try to resolve the dispute informally by responding to you in writing via email.

If you are a consumer and habitually reside in a Member State of the EU, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms, our Services or any of our other policies (“Claim”), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases the following shall apply, except to the extent that you are a consumer and the law of the country in which you reside does not permit the following to apply.

You and we agree that any dispute, claim or controversy arising out of or relating in any way to these Terms, PAL Terms, Platform, Services, or our Privacy Policy (a “Dispute”) shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. You may choose to be represented by a lawyer in arbitration or proceed without one. You acknowledge that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. You also agree that any Dispute in connection with these Terms, the Platform, Services or our Privacy Policy will be governed by the laws of the State of New York and the United States of America. This provision shall survive any Change or termination of these Terms.

If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: Legal Counsel, Infinite Reality, Inc., 16 Washington Street, P.O. Box 13, Norwalk, CT 06854. If we initiate arbitration, we will send a written notice to an email address you have previously provided to us, if available. A notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the notice is received, you or we may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from jamsadr.com. If you are required to pay a filing fee, after we receive notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

The arbitration shall be administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “JAMS Rules”), except to the extent that the JAMS Rules are inconsistent with these Terms or the class action waiver described below. The arbitrator shall be selected in accordance with the JAMS Rules or the mutual agreement of the parties and shall follow New York law in adjudicating the Dispute. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, subject to the limitations set forth herein. The arbitrator shall issue a reasoned written decision setting forth the arbitrator’s complete determination of the Dispute and the factual findings and legal conclusions relevant to it. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The arbitrator is bound by these Terms and all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless you and we agree otherwise, any arbitration hearings will take place in a location determined by JAMS and not more than 100 miles from your home. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. If the arbitration will be conducted solely based on submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the award of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Furthermore, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Notwithstanding the foregoing, you and we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights, or efforts to interfere with our offering or engaging with our Platform or Services in unauthorized ways (for example automated ways). In the event a court or arbitrator having jurisdiction finds any portion of these Terms unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Governing law; Venue for non-arbitrable disputes. These Terms, the PAL Terms and our policies are governed by the laws of the State of New York, USA without regard to conflict of law principles. Any disputes that are not subject to the arbitration terms contained in these Terms or that may be severed from any arbitration may only be litigated in small claims court or in the federal or state courts of New York County in the State of New York, USA and you and we consent to personal and exclusive jurisdiction in these courts and agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either parties rights to remove a case to federal court if permissible.) Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms. This paragraph will be interpreted as broadly as applicable law permits.

If either Party brings an action against the other Party to enforce its rights under these Terms or the PAL Terms, the prevailing Party shall be entitled to recover its reasonable costs and expenses incurred in connection with such action and all appeals of such action, including reasonable attorneys’ fees and costs. The prevailing Party shall be the Party that most nearly obtains the relief sought. Failure by either Party to exercise any of its rights under, or to enforce any provision of, these Terms or PAL Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms or PAL Terms  is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these Terms and PAL Terms will remain in full force and effect. Your rights and remedies hereunder will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms or by law or equity. No joint venture, partnership, employment, or agency relationship exists between you or us because of these Terms, the PAL Terms or use of the Platform or Services. Infinite Reality reserves the right to perform its obligations from locations and/or through use of affiliates, subsidiaries, contractors and subcontractors, worldwide, provided that Infinite Reality will be responsible for such parties. You agree that Infinite Reality may refer to you by a trade name and logo if running a business, and may briefly describe your business, if applicable, in Infinite Reality marketing materials and websites. Infinite Reality may give notice to you by electronic mail to your email address in your Account information, or by written communication sent by first class mail or pre-paid post your address in your Account information. You may give notice to Infinite Reality at any time by any letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to Infinite Reality, Inc., Attn.: Legal Department, 16 Washington Street, P.O. Box 13 Norwalk, CT 06854. Notice under this Agreement shall be deemed given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next-day delivery by a recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

Platform operation; United Nations Convention on Contracts. The Platform is operated by the Company in the United States of America. If you choose to access the Platform or any Services from locations outside the United States you do so at your own risk and are responsible for compliance with applicable laws, rules and regulations. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms or the PAL Terms.

As is and as available. THE PLATFORM AND OUR SERVICES ARE  PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE IS AT YOUR OWN RISK. WE MAKE NO GUARANTEES THAT THEY ALWAYS WILL BE SAFE, SECURE OR ERROR-FREE OR THAT THEY WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No control or responsibility. We do not control or direct what you or others do or say, and we are not responsible for actions or conduct (whether online or offline) or any Content shared (including offensive, inappropriate, obscene, unlawful, and other objectionable Content) on the Platform or arising from the use of our Services.

Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO USER OR ANY THIRD-PARTY FOR ANY LOST PROFITS, LOSS OF GOODWILL OR ANY OTHER INTANGIBLE LOSS OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO USER’S ACCESS TO OR USE OF, OR USER’S INABILITY TO ACCESS OR USE, THE PLATFORM,SERVICES OR ANY MATERIALS OR CONTENT ON THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) STATUTE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SUCH PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

Liability Cap. To the maximum extent permitted by applicable law, you agree that your sole remedy is to delete your Accounts on the Platform or Services. In no event will the maximum aggregate liability arising out of your use of the Platform or Services exceed U.S. Fifty Dollars (US$50.00). This limitation shall apply to any and all liabilities or causes of action however alleged or arising, including negligence, breach of contract, breach of warranty, or any other claim whether in tort, contract, or equity.

Exclusion of damages.  INFINITE REALITY WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL OR BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, COST OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF REVENUES OR PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM YOUR USE OF OUR PLATFORM, OUR SERVICES OR OTHERWISE.

One year limitation. USER AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES OR IT IS PERMANENTLY BARRED.

California consumer rights. If you are a California state resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Waiver of jury trial. YOU AGREE TO WAIVE (GIVE UP) YOUR RIGHT TO A TRIAL BY JURY.

Class action waiver. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. THIS MEANS THAT YOU CANNOT SEEK TO ASSERT CLASS OR REPRESENTATIVE CLAIMS AGAINST US EITHER IN COURT OR IN ARBITRATION AND NO RELIEF CAN BE AWARDED ON A CLASS OR REPRESENTATIVE BASIS.

Enforceability. If any term, clause, or provision of these Terms including the Concierge Terms is held invalid or unenforceable under applicable law, that term, clause, or provision will be severable from the Terms or PAL Terms as applicable and will not affect the validity or enforceability of any remaining part of that term, clause or provision or any other term, clause or provision of these Terms or PAL Terms.

Questions. If you have questions about these Terms or the PAL Terms, you can contact us at the address below:

Infinite Reality, Inc.

Attn: Customer Care

16 Washington St.

P.O. Box 13

Norwalk, CT 06854