Terms & Conditions

END USER LICENSE AGREEMENT (“EULA”)

Please read the following End User License Agreement carefully before downloading the XRAI Glass mobile application software (the “App”).  It contains important terms about Your rights to use our XRAI Glass platforms, and our obligations to You in relation to Your use of XRAI Glass.  The App is a companion software application, which pairs with Augmented Reality Glasses distributed by various retailers (the “Device”), designed for use by hearing impaired individuals to transcribe and translate non-user participants’ audio recordings into plain text and overlay captioned text boxes on to users’ live visual interactions with those non-user participants (“Speakers”).  Each use of the App’s (as defined below) recording and transcribing functionalities is a “Session”.

  1. Preface
    • This End User License Agreement (“EULA”) is an agreement between You (“You” or “Your”) and XRAI Glass (“we”, “us”, “our”). We are registered in :
      • England and Wales (XRAI Ltd) under company number 14164476 and have our registered office at 71-75 Shelton Street, London, WC2H 9 JQ.
      • State of Delaware, USA (XRAI Inc) under company number 7078137 and have our registered office at 251 Little Falls Dr, Wilmington, DE 19808.
      • Both subsidiaries of Reality7 (Holdings) Inc, registered in the State of Delaware, USA under company number 6780560 and have our registered office at 251 Little Falls Dr, Wilmington, DE 19808.
    • By clicking “I Agree” or by accessing or using the platforms that You connect to via our website here (the “Site”) and the App (collectively, the “Platforms”), You agree to be bound by this EULA.  IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, YOU MAY NOT USE THE PLATFORMS: if so, please stop installing, copying, updating or otherwise using the Platforms immediately.
    • Certain mandatory provisions of the local law of Your country of residence may apply to Your use of the App and to this EULA. Exhibit A (the “Local Terms”), which appears below, contains terms that modify this EULA if You are a resident of one of the countries identified in the Local Terms.  The Local Terms are hereby incorporated by reference into this EULA, and will control over any conflicting provisions of this EULA, if You are a resident of the corresponding country.  For clarity, the Local Terms have no force or effect unless You are a resident of the applicable country identified in the Local Terms.
    • If You are an individual accessing or using the Platforms on behalf of, or for the benefit of, any corporation, partnership or other entity with which You are associated, then you are agreeing to this EULA on behalf of Yourself and such organization, and You represent and warrant that You have the legal authority to bind such organization to this EULA.
  2. Privacy Notice
    • Under applicable data privacy law, we are required to provide You with certain information including (but not limited to) who we are, how we process Your personal information and for what purposes, and Your rights in relation to Your personal information and how to exercise them. This information is provided here and it is important that You read that information.
  3. Changes to this EULA
    • XRAI Glass may make changes to the EULA from time to time by notifying You of such changes by any reasonable means, including by posting a revised EULA through the Platforms. Any such changes will not apply to any dispute between You and us arising prior to the date on which we posted the revised EULA incorporating such changes, or otherwise notified You of such changes.
    • You have the right to object to any change or amendment of this EULA within two (2) weeks after the date of the notification of the intended change or amendment. In case of a timely objection, each party shall be entitled to terminate the EULA upon notice to the other party, such termination to become effective upon the date that the intended change or amendment was to take effect.  If You do not object within two (2) weeks after the date of the notification, the change or amendment shall be deemed accepted by You and become an integral part of the agreement between the parties.  Your use of the Platforms following any changes to this EULA will constitute Your acceptance of such changes.  In its notification, XRAI Glass will inform You of Your right to object within two (2) weeks, each party’s right to terminate the EULA in case of objection, and the legal consequences of non-objection.  The “Last Updated” legend above indicates when this EULA was last changed.  We may, at any time and without liability, modify, suspend or discontinue all or part of the Platforms (including access to the Platforms via any third-party links); charge, modify or waive any fees required to use the Platforms; or offer opportunities to some or all users of the Platforms.
  4. App Updates and Service Changes
    • The App, by its nature, needs to be updated and developed continuously over time. Where possible, we will try to give You reasonable notice of any major changes to, or discontinuation of, the App.  We may modify the App without prior notice, provided that the modification is reasonable for You taking into account Your interests.  A modification is, in particular, reasonable for You if it is necessary to adapt the App to changed circumstances with regard to technological developments, market requirements, and any changes in applicable law, and in case of any new features, functions, or services added to the App for Your use.  If a modification of the App is not reasonably acceptable for You, You have the right to terminate this EULA effective immediately upon notice.  You shall have no other claims against XRAI Glass due to changes in and to the App.
    • We strongly recommend that You turn on automatic updates for the App, so that You do not lose access to the Platforms (particularly in an emergency). If You choose not to install such updates or if You opt out of automatic updates, You will not be able to continue using the Platforms.
    • XRAI Glass reserves the right to provide You with updates of the Platforms. You agree to receive such updates (and allow XRAI Glass to deliver these to You) as part of Your use of the Platforms.  These updates are designed to enhance the Platforms’ features or security protection.
    • The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to You when You first downloaded it.
  5. Third Party Terms
    • The ways in which You can use the App may also be controlled by the Device’s, [GPT-3] and Google® Play’s rules and policies (as applicable) and, if so, such rules and policies will apply instead of this EULA where there are differences between them. Your use of the Platforms is subject to Your compliance with applicable third party terms.
  6. Licence and Reservation of Rights
    • Subject to Your compliance with this EULA, XRAI Glass hereby grants to You a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable license to access and use the Site solely for Your own personal, non-commercial purposes and solely for so long as You are permitted by XRAI Glass to access and use the Site. The App is licensed (not sold) to You.  Subject to Your compliance with this EULA, and solely for so long as You are permitted by XRAI Glass to use the App, we hereby permit You, on a limited, personal, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device and the Device that You own or control, solely for Your own personal, non-commercial use.  If You fail to comply with this EULA, You must immediately cease using the Platforms, and remove (that is, uninstall and delete) the App from Your mobile device.  Except for the licenses and rights expressly granted under this EULA, no licenses or rights are granted by XRAI Glass to You hereunder, by implication, estoppel or otherwise.  All such other licenses and rights are reserved by XRAI Glass.
    • You shall not: (a) copy or modify the Platforms for any purpose; (b) reverse-engineer, decompile, modify, translate, disassemble or discover the source code for all or any portion of the Platforms, except as permitted by applicable local law; (c) distribute, disclose, market, rent, lease or otherwise transfer the Platforms to any other person or entity; or (d) use the Platforms to, or permit, enable or assist a third party to, create competing products or services. Subject to the foregoing, You may copy the Platforms as part of the normal use of the Platforms or where it is necessary for the purpose of back-up or operational security.
    • If You download the App on to any mobile phone, or other device not owned by You, or use the App paired with a Device not owned by You, You must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not You own the mobile phone, other device or Your paired Device.  You may not share all or part of the App to use its full or partial functionality on more than one device.  If You sell any device on which the App is installed, You must remove the App from it.
    • XRAI Glass retains all intellectual property rights (including all copyrights, patents, service marks, trademarks and other intellectual property rights) in and to the Platforms and all related documentation, including, but not limited to, any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information and material. You also agree to retain all proprietary marks, legends and patent and copyright notices that appear on the Platforms and any related documentation delivered to You by XRAI Glass and all whole or partial copies thereof.
    • You agree not to infringe our intellectual property rights or those of any third party in relation to Your use of the Platforms, including by the submission of any material (to the extent that such use is not licensed by these terms).
  7. End-User Content
    • Our Platforms may include interactive features and areas where You submit, transmit, or interact with content, including, but not limited to, text, images, photos, videos, sounds, recordings, or features, software and other information and materials (collectively, “End-User Content”). Unless otherwise agreed to, we do not claim any ownership rights in or to Your End-User Content.  If You use content covered by intellectual property rights that we have made available through our Platforms (for example, images, designs, videos, or sounds we provide that You add to content You create or share on or through our Platforms), we retain all rights to that content (but not Yours).  When You provide or make accessible Your End-User Content, You authorize XRAI Glass and its third party suppliers to use, copy, display, translate and modify Your End-User Content in connection with providing You with the Platforms and allowing XRAI Glass to fulfil its obligations and as otherwise permitted by this EULA (subject to our obligations under applicable data privacy laws and consistent with applicable settings).  This right ends when You delete Your End-User Content or Your account.
    • You are solely responsible for the End-User Content You make available through the Platforms and You represent and warrant that: (i) You either are the sole and exclusive rights owner of all End-User Content that You provide, or You have obtained all rights, licenses, permissions, consents and releases that are necessary to grant to XRAI Glass the rights specified in this section; (ii) the provision of Your End-User Content, and our subsequent use of such End-User Content, will not infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws or regulations; and (iii) Your End-User Content does not violate this EULA and is complete and accurate. If You choose to make any personally identifiable or other information publicly available through the Platforms (including personally identifiable information about You or about third parties, such as Speakers), You do so at Your own risk.
    • In addition, if You provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Platforms or otherwise, You agree that XRAI Glass will be free to use any Feedback that You provide for any purpose. You hereby assign and agree to assign to XRAI Glass all right, title and interest to such Feedback and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trade mark, moral right or other intellectual property rights. You agree to provide material, statistics, or information that is not deemed confidential for use in press releases, customer testimonials, social media platforms and as a reference in marketing and sales initiatives by XRAI Glass.
    • XRAI Glass has no responsibility or liability for End-User Content made available through the Platforms, and we have no obligation to screen, edit or monitor such content. However, we do reserve the right, and have absolute discretion, to remove, screen or edit End-User Content at any time and for any reason.
  8. Third Party Materials, Device and Links
    • Certain functionalities of the App may require You to pair a Device to the App. Certain functionalities of the Platforms may make available access to information, products, services and other materials made available by third parties, including End-User Content (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links.  By using such functionality, You are directing us to access, route and transmit to You the applicable Third Party Materials or to pair with the Device.
    • We neither control nor endorse, nor are we responsible for, any Third Party Materials or the Device, including the accuracy, availability, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive.  Nothing in this EULA shall be deemed to be a representation or warranty by XRAI Glass with respect to any Third Party Materials or Device.  We have no obligation to monitor any Third Party Materials or Device, and we may block or disable access to any Third Party Materials or pairing to the Device (in whole or part) through the Platforms at any time.  In addition, the availability of any Third Party Materials or Device through the Platforms does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between You and any such provider.
    • YOUR USE OF THIRD PARTY MATERIALS AND THE DEVICE IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS OR DEVICES (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS OR DEVICES).
  9. Limitation of Rights
    • Age Restriction: You must be 18 or over to accept these terms and use the App.
    • Assignment Restriction: Unless XRAI Glass provides You with written permission, You may not assign, rent out, lend out, re-permit, provide, or distribute or otherwise make available, the Platforms in any form, in whole or in part to any third party.
    • Confidentiality: Unless XRAI Glass provides You with written permission, You will not reveal the Platforms’ performance, evaluation results, testing results, technical secrets or any other confidential or proprietary information of the same level to any third party.
    • Export Restriction: You agree to comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platforms. This obligation shall survive termination of the EULA.
  10. Acceptable Use Restrictions
    • In addition to the following restrictions, we may provide to You other acceptable use guidelines from time to time. The acceptable use restrictions and other guidelines limit Your use of the Platforms in order to: (i) ensure that Your use of the Platforms is carried out in a legal and responsible manner; and (ii) ensure Your own safety, Speakers’ safety and other third parties.  We may send You reminders of the acceptable use restrictions and guidelines from time to time.
      • Lawful Use: You may not use the Platforms in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, worms, Trojan horses, Easter eggs, time bombs or harmful data, into the Platforms or any operating system. You agree and acknowledge that You are responsible for using the Platforms in a safe, lawful, and respectful manner and in accordance with this EULA.  You are responsible for complying with Your legal obligations under applicable laws when using our Platforms, including but not limited to:
        • any privacy, data protection, or other applicable laws which require You to provide notice, obtain consents and/or action any rights requests from third parties with respect to Your use of the Platforms, such as other individuals who interact with You while You are using our Platforms;
        • any copyright, trademark, trade secret, right of publicity or privacy law and any other proprietary laws; and
        • any laws or regulations relating to the recording or sharing of audio content.
      • Non-interference: You may not use the Platforms in a way that could damage, disable, overburden, impair or compromise XRAI Glass’s systems or security or interfere with other users. You may not use the Platforms for any commercial purpose, or restrict or inhibit any other person from using the Platforms.
      • Transmission of Objectionable Information: You must not transmit any material that is threatening, harassing, defamatory, offensive, obscene, indecent, pornographic or otherwise objectionable in relation to Your use of the Platforms.
      • Restriction on Harvesting Information: You may not collect or harvest any information or data from the Platforms or XRAI Glass’s systems or attempt to decipher any transmissions to or from the servers running any service.
      • Restriction on use of the App functionalities in Certain Areas: You may not use certain of the App’s functionalities in certain locations and situations. Particularly, You may not, for any duration within a Session, be situated or be within the App’s transcribing distance of public spaces (especially, but not limited to, airports, cinemas, transport services), government buildings, any type of vehicle (including where You are a passenger, g., an aeroplane), international border control crossings and theatres.  A list of these restrictions may be made available to You on the App and Site and will be regularly reminded to You throughout Your use of the App.
      • Restriction on use of the App when consuming content: During a Session, You may not listen to or view films, plays, shows, broadcast content, audio-books, videos, music or any other content that may be protected by copyright. You are reminded that such use of the App may bring You in breach of section 6.5.
  1. Technical Support
    • For any doubts or problems arising during installation of the App and/or use of the Platforms, You may contact XRAI Glass for assistance by emailing support@xrai.glass.
    • For advice or problems concerning the Device, please contact support@nreal.ai
  2. Limitation of Warranty
    • Except where required otherwise by applicable law, Your use of, and reliance on the Platforms, is at Your own risk. To the fullest extent permitted under applicable law, the Platforms are provided to You “as is”, “where is”, and “where available” , without expressed or implied warranties or conditions of any kind concerning g., the effectiveness, suitability or reliability of communicated information (including any data provided through the Platforms), the performance, good or uninterrupted functioning, absence of errors or fitness for purpose (WHETHER EXPRESSED OR IMPLIED), SATISFACTORY QUALITY, merchantability, or non-infringement.  Any implied warranty or condition (INCLUDING THOSE ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE) is hereby disclaimed with respect to the Platforms. To the fullest extent permitted under applicable law, XRAI Glass does not warrant that the Platforms will meet Your requirements or expectations or that any information that You input into the App will be transcribed without errors.  The Platforms are provided for general information, IMPROVEMENT and accessibility purposes only. The Platforms do not offer information on which You should rely.  You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platforms.  Although we make reasonable efforts to update the information provided by the Platforms, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up-to-date. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS EULA) ARE MADE FOR THE BENEFIT OF BOTH XRAI GLASS AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES.
    • XRAI Glass has no responsibility and provides no warranty for any accidents, abuses, errors, bugs, and problems rises arising due to unauthorized modifications of the App.
    • The Platforms have not been developed to meet Your individual requirements. Please check that the facilities and functions of the Platforms meet Your requirements.  Due to the differences and complexity among operating systems and devices, XRAI Glass does not guarantee that the App will be compatible with all operating systems and devices, nor that it will operate properly under those conditions or meet Your expectations.
    • The Platforms rely on network and may be affected by unstable factors, viruses, hacker attacks, system instability, lack of signal, and other factors which may cause the Platforms not to perform as marketed or to meet Your expectations. You acknowledge the above conditions at Your own risk.
    • You are responsible for obtaining, maintaining and paying for all hardware (such as the Device) and all telecommunications and other services needed for You to use the Platforms (including any applicable device data transmission charges).
    • We recommend that You back up any content and data used in connection with the Platforms, to protect Yourself in case of problems with the Platforms.
  3. Limitation of Liability
    • To the maximum extent permitted by applicable law:
      • XRAI Glass is not liable for: (i) financial or economic losses, loss of anticipated profits or savings, loss of sale or business, interruption of sale or business, loss of data or information, loss of image, loss of agreements oR contracts, loss of use or corruption OF software, security of END-USER CONTENT (including unauthorized interception by third parties of any end-user content), loss of or damage to intangibles or goodwill, nor for any form of incidental, exemplary, punitive, indirect, consequential or special damage, or (ii) any damage arising out or reliance upon, use or inability to use the Platforms.
      • You shall be liable for: (i) all unauthorized use of the Platforms by any third party, unless You have taken all necessary measures to prevent such use in accordance with the terms of this EULA, and (ii) Your use of the Platforms. You shall hold XRAI Glass harmless for any claim or action brought by third parties relating to Your use of the Platforms.
      • Nothing in this EULA shall have the effect of excluding or limiting the liability of either party for: (i) death or personal injury to the extent it results from negligence, (ii) fraud or fraudulent misrepresentation, or (iii) anything else that cannot be excluded or limited under applicable law.
    • WITHOUT LIMITING THE FOREGOING, XRAI GLASS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORMS OR THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, EXCEPT AS PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORMS OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE PLATFORMS. Subject to any exclusions in this Section 13, the total aggregate liability of XRAI Glass for any cause arising under or related to this EULA shall in any case be limited to the greater of (i) the annual value, if any, of your subscription to the Platforms or (ii) £50.
    • We are not responsible for events outside our control. If we become aware or are notified that our provision of the Platforms or support for the Platforms is delayed by an event outside our control then we will contact You as soon as possible to let You know and we will take steps to minimise the effect of the delay where we can.  Provided we do this, we will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact us to end Your contract with us.
    • We are not liable for business losses. The Platforms are for private use.  If You use the Platforms for any commercial, business or resale purpose, we will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    • The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or we were advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability so some or all of the above limitations of liability may not apply to You.
    • To the fullest extent permitted under applicable law, You agree to defend, indemnify and hold harmless XRAI Glass and the Affiliated Entities, and their respective successors and assignees, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (i) Your use of, or activities in connection with, the Platforms (including all End-User Content); and (ii) any violation or alleged violation of this EULA by You. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS EULA) ARE MADE FOR THE BENEFIT OF BOTH XRAI GLASS AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNEES.
  4. Termination of Agreement
    • XRAI Glass may terminate Your access to and use of the Platforms at any time upon providing fourteen (14) days’ notice to You, except to the extent that our right to terminate in the applicable circumstance is prohibited by applicable law. XRAI Glass may terminate Your access to or use of the Platforms at any time and without prior notice if You have violated this EULA or if XRAI Glass reasonably believes (based on specific facts) that You have violated this EULA.
    • You may terminate this EULA at any time by ceasing use of the Platforms and uninstalling the App.
    • Following the termination of the EULA, You must immediately stop using the Platforms, and delete all copied or installed App contents. If required by XRAI Glass, You shall provide corresponding written proof.
  5. Applicable Law and Jurisdiction
    • This EULA is governed by English law, except where any provision of the EULA must be superseded to reflect the law of the country where You are habitually resident. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this EULA or its subject matter or formation.
  6. Other
    • We may transfer our rights and obligations under this EULA to another organisation. We will take reasonable steps to inform You in writing if this happens and we will try to ensure that the transfer will not affect Your rights under this EULA.
    • This EULA does not affect Your statutory rights where such statutory rights may not be waived.
    • Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that You do anything You are required to do under these terms, or if we delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent us taking steps against You at a later date.
    • If any one or more of the provisions of this EULA be invalid: (i) such provision(s) shall be deemed deleted, but shall not affect the validity and enforceability of the rest of this EULA, and (ii) the parties shall agree on a replacement provision(s) that comes as closely as possible to the commercial meaning and purpose of the invalid provision(s).
    • If You have a question or complaint regarding the Platform, please send an e-mail to hello@xrai.glass. You may also contact us by writing to XRAI Inc, 251 Little Falls Dr, Wilmington, DE 19808, USA or XRAI Ltd, 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UK. Please note that e-mail communications will not necessarily be secure; accordingly You should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
    • The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe in good faith that materials available on the Platforms infringe Your copyright, You (or Your agent) may send to XRAI Glass a written notice by mail or e-mail, requesting that XRAI Glass remove such material or block access to it. If You believe in good faith that someone has wrongly filed a notice of copyright infringement against You, the DMCA permits You to send to XRAI Glass a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to XRAI as follows: By mail to XRAI Ltd, 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, UK; or by e-mail to legal@xrai.glass

We suggest that You consult Your legal advisor before filing a DMCA notice or counter-notice.

  • This EULA does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between You and XRAI Glass. If any provision of this EULA is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this EULA and will not affect the validity and enforceability of any remaining provision.  You may not assign, transfer or sublicense any or all of Your rights or obligations under this EULA without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this EULA without restriction.  No waiver by either party of any breach or default under this EULA will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision.  All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this EULA shall be construed as if followed by the phrase “without limitation”.  Notices to You (including notices of changes to this EULA) may be made via posting to the Platforms or by e-mail (including in each case via links), or by regular mail.  Without limitation, a printed version of this EULA and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. XRAI Glass will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

EXHIBIT A

LOCAL TERMS

As described above in the EULA, the following terms and conditions will apply solely to the residents of any applicable country identified below.

United States:

  • 3.2

Replace the passage with the following:

Your use of the Platforms after any changes to this EULA will constitute Your acceptance of the changes. The “Last Updated” legend above indicates when this EULA was last changed.  We may, at any time and without liability, modify, suspend or discontinue all or part of the Platforms (including access to the Platforms via any third-party links); charge, modify or waive any fees required to use the Platforms; or offer opportunities to some or all users of the Platforms.

  • 9.4

Insert the following after the end of § 9.4:

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports.  You represent, warrant and covenant that You are not (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (ii) on any of the U.S. government lists of restricted end users.

  • 15

Replace the passages with the following:

The terms of this EULA are governed by the laws of the United States (including federal arbitration law) and the State of Delaware, U.S.A., without regard to its principles of conflicts of law, and regardless of Your location.  EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS EULA OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND XRAI GLASS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT XRAI GLASS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THIS EULA WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this EULA.  The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.  The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by us that an in-person hearing is appropriate.  Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances.  If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this EULA and will be final and binding.  The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this EULA, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator.  The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.  Notwithstanding any of the foregoing, nothing in the EULA will preclude You from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for You.

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