Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY INCLUDING OUR PRIVACY POLICY. YOUR PARTICULAR ATTENTION IS DRAWN TO THE LIMITATION OF LIABILITY CONTAINED IN SECTION 10 BELOW. BESIDES YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN YOU AND Even Realities THROUGH ARBITRATION ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION AS EXPLAINED IN SECTIONS 13 BELOW. IF YOU DO NOT AGREE WITH ALL OF THE TERMS YOU MAY NOT ACCESS OUR WEBSITE OR USE RELATED SERVICES IN ANY WAY.

This Website Terms of Service (“Agreement”) is a legally binding agreement between Even Realities GmbH (“Even Realities” “we” “our” or “us”) and you (“you” or “User”). This Agreement governs your use of or access to our website (including evenrealities.com and its subpages “Website”) and the services on our Website (“Services”) provided by Even Realities whether as a guest or a registered user.

YOU MUST BE AND HEREBY AFFIRM THAT YOU ARE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY AND STATE OF RESIDENCE. OUR SERVICES DO NOT OPEN TO PEOPLE WHO ARE UNDER THE LEGAL AGE OF MAJORITY.

In this Policy “Even Realities” “we” “us” or “our” refers to Even Realities GmbH, a company registered in Berlin with its registered address located at Friedrichstraße 79, 10117 Berlin, Germany if you are accessing the Services within EEA and within the United States.

By making a registration or application for a Website account (the “Account”), placing orders on the Website, or using other the services in Website (including but not limited to updates, upgrades, patches), you are deemed to have read, understood, and accepted all the terms of this Agreement.

Even Realities reserves the right to amend, modify, or revise this Agreement at any time and you agree to check periodically for new terms. Please note that your continued use of the Even Realities Services shall constitute your acceptance to be bound by the newly updated Agreement.

The Even Realities Account

You may access the Website either as a guest or a registered user. If you would like to enjoy certain services we provide, such as receive important notifications or security updates, you will be required to register and have an Even Realities Website Account (“Account”) to use those services.

Creation and use of Accounts and use of relevant services are subject to the following terms and conditions:

• You may establish an Account only if you are a natural person and an adult in your country of residence (you may not register an Account on behalf of Corporations, Limited Liability Companies, partnerships, and other legal or business entities) and you are not an individual specifically prohibited by us from using the Even Realities Services.
• You may only access the Services through your own Account. Operations under the Account are considered to be the operations of the Account registrant.
• Children who are under the legal age of majority in your country shall not utilize an Account, the Even Realities Services, nor enter into this Agreement, Even Realities with the consent of a parent or legal guardian.
• When registering as a user (“User” or “Registered User”) you agree that you will:
  • provide accurate, up-to-date, and complete information about you whenever prompted or permitted by any Website registration process (“Personal Data”) and maintain and promptly update your Personal Data and keep your Personal Data accurate, up-to-date, and complete. Personal Data refer to any information relating to an identified or identifiable natural person, such as name, user account, location data, etc.;
  • set a password and provide certain other requested information; and
  • neither transfer or otherwise make your Account information available to third parties nor use other user(s)’ Account(s) at any time. You are responsible for maintaining the confidentiality of your Account information and if any third parties use your Account or otherwise access to your Account you may not claim compensation from Even Realities. Besides, in the event of theft, unauthorized use, or any other security breach pertaining to your Account, you may notify Even Realities immediately.

WE MAY TERMINATE YOUR USERSHIP OR ACCOUNT AT ANY TIME FOR ANY REASON WITHOUT ANY FURTHER FORMALITY IF WE HAVE REASON TO BELIEVE THAT YOU HAVE FAILED TO COMPLY WITH ANY OF THE TERMS BETWEEN Even Realities AND YOU. BESIDES YOU WILL NOT BE PERMITTED TO RE-REGISTER AS A USER WITHOUT OUR EXPRESS PERMISSION. If you decide to terminate your usership or Account, please send an account deletion request email from your registered email address to support@evenrealities.com stating the account name you wish to delete and we may terminate it as soon as reasonably practical after receiving your termination request.

License Grant & License Conditions

License Grant

Subject to the terms and conditions of this Agreement, Even Realities grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to use the Even Realities Services on devices you legally own or control solely for your personal use and entertainment and non-commercial purpose (the “License”) and so long as you are permitted by Even Realities to access and use the Services. The rights granted to you by Even Realities under this License are subject to the terms of this Agreement and you may make use of the License only if you comply with all applicable terms. The License becomes effective on the date that you accept this Agreement. Except for the License and rights expressly granted under this Agreement, no licenses or rights are granted by Even Realities to you hereunder by implication, estoppel, or otherwise. All such other licenses and rights are reserved by Even Realities.

By accepting this Agreement, you acknowledge that any use of our Services other than as specifically authorized herein without prior written permission of Even Realities is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Even Realities may revoke this license at any time.

License Conditions

You acknowledge that your use of the Even Realities Services is also governed by the Website Privacy Policy, which may be amended from time to time by Even Realities.

You acknowledge and agree that you may not either directly or indirectly do or attempt to do any of the following actions with respect to any or all of the Even Realities Services:

• Upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual, or otherwise offensive or objectionable;
• Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically, or otherwise offensive or objectionable to a portion of the public;
• Infringe contractual rights, personal and property rights, intellectual property rights, and other rights and interests (including the rights of privacy, publicity, or trade secret) of Even Realities or third parties;
• Develop, use, or distribute any software, script, code, plug-in unit, programs, or applications that may cause an unfair competitive advantage;
• Exploit, distribute, or publicly inform third parties of any Service error, miscue, or bug, regardless of an intended advantage or not;
• Sell, lease, rent, license, sublicense, or otherwise use whole or part of Even Realities Services and related contents, information, element for a commercial purpose;
• Copy, reproduce, adapt, reverse engineer, decompile, disassemble, or otherwise create derivative works based on any of the Even Realities Services;
• Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the Even Realities Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading, or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files, or other unauthorized programs;
• Allow or assist any third parties to do any of the above; and
• Use the Services to or permit, enable, or assist a third party to create competing products or services.

You further acknowledge and agree that your use of the Even Realities Services shall comply with any applicable laws or local regulations and that you will immediately stop using or accessing the Even Realities Services when applicable laws or local regulations so require.

Except as expressly authorized under this Agreement, you may not copy the Even Realities Services in whole or part or any accompanying materials therein. Because the Even Realities Services contain our proprietary information, you agree:

• to hold in the strictest confidence all code and any technical elements of the Even Realities Services;
• not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose, or otherwise transfer any of our un-public information; and/or
• subject to all applicable law (including US Copyright law and DMCA) not to make use of the Even Realities Services except for your individual use, enjoyment, and non-commercial purpose.

Except expressly authorized herein, any use of the Even Realities Services in whole or part without our prior written consent is strictly prohibited and the License granted herein will be terminated. Even Realities expressly reserves the right to deny anyone access to the Even Realities Services at any time for any reason without prior notice. You further agree that Even Realities without any liability shall be entitled to suspend or terminate providing any of the Even Realities Services or change the provided content at any time for any reason without prior notice.

You further agree that Even Realities is not liable for the behavior of any other users or third parties, including but not limited to any third-parties’ websites or services linked on or through the Even Realities Services.

You are responsible for ensuring that all persons who access our Website through your internet connection are aware of, agree to, and comply with this Agreement. You are jointly and severally liable for their actions in relation to their use of our Website and Services.

Purchases and After Sale Service

Sales

We may sell products or services on the Website. We undertake to be as accurate as possible with all information regarding the products and services including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.

Your purchase and use of the products and services will also be subject to the terms of sale/services of the products/services (if any).

Shipping/Delivery/Return Policy

You agree to ensure payment for any items you may purchase from us and you acknowledge and affirm that prices are subject to change.

When purchasing a physical good, you agree to provide us with at least a valid name, shipping address, as well as valid payment information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that you provide to us. If we do so after payment has been processed, we will issue a refund to you in the amount of the purchase price.

We also may request additional information from you prior to confirming a sale and we reserve the right to place any additional restrictions on the sale of any of our products.

For the sale of physical products, we may preauthorize your credit or debit card at the time you place the order or we may simply charge your card upon shipment. You agree to monitor your method of payment.

Shipment costs and dates are subject to change from the costs and dates that you are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact us in a timely manner at the following: support@evenrealities.com.

User Feedbacks

If you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Services or otherwise, you agree that Even Realities will be free to use any Feedback that you provide for any purpose. You hereby assign and agree to assign to Even Realities all right, title, and interest to such Feedback and all property rights therein, including without limitation all patent, copyright, trade secret, trademark, 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 Even Realities.

Ownership / Intellectual Property

Even Realities shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights, and other rights and interests) in and to the Even Realities Services under this Agreement. You acknowledge that your use of the Even Realities Services does not confer you any right or interest or otherwise in any aspect or feature of it.

Any or all of the Even Realities Services (including trade secrets, database rights, copyright, patent, trademark, and other intellectual property rights and interests thereof) are copyrighted and protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the Even Realities Services (including but not limited to any content, programs, tools, source codes, object codes, HTML content, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, technology, architecture, logic, structure, sequence, organization, symbols, instructions, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, accessories, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software related documentation, and all other features contained in the Even Realities Services) are protected by applicable laws from unauthorized use.

You agree that any or all of the Even Realities Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Even Realities’s express prior written permission. Any use of our copyrighted materials, including but not limited to make derivative works, requires the express prior written consent of Even Realities. Please note any unauthorized reproduction or redistribution of the Even Realities Services shall be prohibited and may result in severe legal penalties.

Even Realities remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights, and other rights and interests) in and to the Even Realities Services. You acknowledge and agree that you may not have any right or interest as a result of using the Even Realities Services except explicitly granted to you under this Agreement.

Features of Our Services

Beta Test

We may in our own discretion permit you to test, evaluate, or comment on one or more Service(s) before they are marketed or launched in order to identify bugs and errors in the programs and/or improve their functioning (“Beta Test”).

You agree that the Beta content which is supplied to you under a Beta Test is highly confidential information belonging to us and that you may be required to sign a confidentiality or other agreement for each Beta Test in which you participate. You must perform the Beta Test personally.

Specific terms apply to the Beta Test which are incorporated in the Agreement and available on such Service.

Certain functionality and services may not be accessible outside and may vary amongst and within the supported countries.

Your responsibility for your use of Even Realities Services

You are responsible for complying with all applicable laws when using Even Realities Services.

Protection of Personal Data

All the Personal Data collected from you is subject to applicable laws and Even Realities shall try its best efforts to protect your Personal Data. Subject to any applicable laws and regulations, the user has the right to request modification or deletion of your personal information after passing our review process in a required proper manner. Please refer to Even Realities’s Website Privacy Policy for more information regarding the collection and use of your Personal Data.

Indemnification

You agree to defend, indemnify, and hold Even Realities and/or its affiliates, employees, officers, managers, directors, agents harmless from and against any claims, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees and other expenses) arising from or in connection with:

• your access or use of the Even Realities Services;
• your breach or alleged breach of any terms, conditions, obligations, representations, or warranties contained under this Agreement;
• any materials, data, or information provided by you or on your behalf;
• your violation of any applicable laws or third-parties’ rights and interests; and/or
• your other illegal or inappropriate behavior.

Injunctive Relief

Without prejudice to any other rights or remedies that Even Realities may have, you acknowledge and agree that in the event of any threat to or actual breach of this Agreement, Even Realities shall without proof of special damage be entitled to an injunction or other equitable remedy in addition to any damages or remedies to which Even Realities may be entitled. You irrevocably waive all rights to injunctive or other equitable relief and further agree to claim only monetary damages from Even Realities.

Limitation of Liability

You agree that your use of the Even Realities Services shall be at your own risk. Even Realities provides the Services on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable laws, Even Realities and/or its affiliates, employees, officers, managers, directors, agents disclaim all warranties of any kind including but not limited to any warranties of merchantability, error-free, non-infringement, or for a particular purpose regardless of express or implied, regardless of in the aspect of tort, contract, or otherwise, and regardless of whether Even Realities has been advised of the possibility of such liabilities.

Even Realities HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS, COMMON LAW DUTIES, AND REPRESENTATIONS, EITHER EXPRESS, IMPLIED, ORAL, OR WRITTEN. Even Realities makes no warranties about the accuracy or completeness of the Even Realities Services. Also, Even Realities assumes no liability or responsibility for:

• any errors, mistakes, or inaccuracies of the Even Realities Services;
• personal injury, property damage, lost profits, loss of data, or any indirect, special, incidental, exemplary, consequential, or punitive damages arising from your use of the Even Realities Services;
• any interruption, suspension, or termination of the Even Realities Services;
• any bugs, viruses, or similar links transmitted by third parties on or through the Even Realities Services;
• any programs intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any personal information of you; and/or
• any damages arising from or in connection with unexpected circumstances or otherwise beyond our reasonable control.

In no event shall Even Realities be liable to you or third parties for any indirect, incidental, punitive, special, exemplary, or consequential damages (including without limitation loss of business, revenue, profits, use, data, or other economic advantage) however it arises, whether for breach of contract or in tort, Even Realities if Even Realities has been advised of the likelihood of such damages occurring.

Even Realities has no control over third-party sites which you may have access to, including those sites which are linked to our Website and Services. Therefore, Even Realities is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our Services or Website. The applicable service terms and privacy policies of those third-party websites shall govern your use of such websites.

THE MAXIMUM AGGREGATE CUMULATIVE LIABILITY OF Even Realities AND OUR MEMBERS, OFFICERS, EMPLOYEES, DIRECTORS, CONSULTANTS, AFFILIATES WILL NOT EXCEED YOUR DIRECT DAMAGES, IF ANY, UP TO THE TOTAL FEES PAID BY YOU TO US DURING THE THREE (3) MONTHS PRIOR TO YOU MAKING A CLAIM AGAINST Even Realities. These limitations and exclusions regarding damages apply, Even Realities if any remedy provided by us fails to provide adequate compensation.

Notice

To the maximum extent permitted by applicable laws, Even Realities may send notices (including but not limited to various rules, notifications, prompts, or other information pertaining to the use of the Even Realities Services) to the users through one or more of the following, including but not limited to, notice or announcement within the Even Realities Website, email, or other contact information you provided to Even Realities.

Once any notice is dispatched or sent in any way listed above by Even Realities, it shall be deemed to have been served to you and have a binding effect on you. If you do not agree to please inform Even Realities in writing within 15 days as of the receipt of such notice and addressed to Even Realities GmbH at Friedrichstraße 79, 10117 Berlin, Germany, except that we have provided a more specific way of notifying us. Otherwise, it shall be deemed that you have accepted and agreed to such notice.

Termination

Terms

This Agreement is effective upon your access to our Website or Services and shall remain in effect until it is terminated or superseded by a New Agreement or if neither of the foregoing events occur, as long as you continue using the Even Realities Service. In the event that Even Realities chooses to cease providing the Service or license to a third party the right to provide the Service, Even Realities shall use reasonable commercial efforts to provide you prior notice unless the discontinuance arises from a matter that is beyond our control or causes the provision of such advance notice not to be possible or feasible. Neither the Even Realities Service nor the agreement to provide access to the Even Realities Service shall be considered a rental or lease of time on the capacity of Even Realities’s servers or other technology.

Termination

PLEASE BE AWARE AND ACKNOWLEDGE THAT AFTER CANCELLING YOUR ACCOUNT YOU WILL NOT BE ABLE TO RETRIEVE ANY CONTENT OR INFORMATION BOUND TO OR OTHERWISE GENERATED UNDER YOUR ACCOUNT UNLESS OTHERWISE STIPULATED BY APPLICABLE LAWS.

We reserve the right to terminate this Agreement at any time for any reason or for no reason with or without notice to you. For purposes of explanation and not limitation, most Account/Service suspensions and terminations are the result of violations of this Agreement. In case of minor violations of these rules, we may provide you with a prior warning and/or suspend your use of the Account/Services due to your non-compliance prior to terminating the Agreement or modifying or deleting an Account.

The Dispute Resolution provisions of this Agreement will survive termination and apply to all Disputes that arose or could have been initiated prior to termination. Also, all the rights and interests of Even Realities and the authorization (if any) granted to Even Realities shall still remain in effect and survive the termination of this Agreement.

Governing Law and Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.

The Agreement and any dispute or claim arising out or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Germany.

Before bringing a formal legal case, you must first contact us at evenrealities.com. If you and Even Realities can’t resolve the dispute, you may bring a legal claim in the appropriate venue as explained in the remainder of this section.

For dispute arising out of or in connection with the Agreement shall be referred to and finally resolved by arbitration administered by the Amtsgericht Berlin in accordance with its arbitration rules for the time being in force which rules are deemed to be incorporated by reference in the Agreement. The arbitral award is final and binding upon both parties. If the above arbitration terms are not enforceable on any dispute, both parties agree that such dispute shall be brought in a court in Berlin. You hereby consent to and waive all defenses of lack of personal jurisdiction and/or forum non convenience with respect to venue and jurisdiction whether by arbitration or judicial judgment as stated aforementioned.

SUBJECT TO APPLICABLE LAWS AND REGULATIONS ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

No Assignment

You may not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement whether by operation of law or otherwise without the express prior written consent of Even Realities. Otherwise, Even Realities may in its sole discretion terminate providing any services to you without prior notice. If the restrictions on transfer are not enforceable under the law of your country or residence, then this Agreement will be binding on you and any of your recipient. Notwithstanding the foregoing, Even Realities shall be entitled to at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement.

General

Even Realities reserves the right to amend, modify, or revise this Agreement. This Agreement may be updated from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Services, and/or to comply with applicable law. We will only make changes if the provisions are no longer appropriate or if they are incomplete and only if the changes are reasonable and take due account of your interests or if the changes are required for safety and security purposes or to comply with applicable law. We will notify you (for example, by email or through our Services) at least 30 days before we make changes to the Services and give you an opportunity to review them before they go into effect unless the changes are required by law. If you do not agree to our updated provisions, you must cease use of our Services. Your continued access to Even Realities Services will constitute your acceptance to the newly updated Agreement and any agreements or policies therein. If at any point you do not agree to any portion of then-current version of agreements or policies pertaining to your use of the Even Realities Services, your license under this Agreement shall immediately terminate and you may immediately stop accessing the Even Realities Services.

If any provision of this Agreement is held to be void or declared illegal, invalid, or unenforceable for any reason whatsoever, such provision shall be divisible and deleted from this Agreement and the rest of this Agreement may not be affected and remain in effect. Notwithstanding the foregoing, if the class action waiver is found invalid, unenforceable, or illegal, you agree that it may not be severable. In other words, under no circumstances shall arbitration be conducted on a class basis without the express prior written consent of Even Realities.

References to “include,” “includes,” and “including” shall be construed so as to mean include without limitation, includes without limitation, and including without limitation, respectively.

In addition to any other limitations which may be set forth herein, Even Realities may not be responsible for any delay or failure to perform resulting from causes outside the reasonable control of Even Realities, such as acts by governmental authorities, acts of God, or other events outside of the reasonable control of Even Realities.

You agree that Even Realities expressly reserves the right at any time for any reason without prior notice and without any form of compensation to suspend or deny anyone use or access to the Even Realities Website and Services; to cease providing any services; and/or to change, add any portion of the Even Realities Services.

No failure or delay on the part of Even Realities in exercising any right, power, or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise of it or the exercise of any other right, power, or privilege.

You will comply with all applicable US or EU export control and trade sanctions laws (“Export Laws”).

Contact

If you have any questions about this Agreement or have any requests for resolving issues arising from or in connection with this Agreement, please contact us in the first instance by sending a letter to Even Realities GmbH at Friedrichstraße 79, 10117 Berlin, Germany; or email us at support@evenrealities.com.

NOTICE TO CALIFORNIA RESIDENTS

This Section contains terms specific to California residents. Please ensure you carefully read this Section if you are a resident of California.

You will not use or download our Services if you are located in a country or region subject to comprehensive US trade sanctions, if you are listed on any US or non-US restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods. You will not directly or indirectly export, re-export, provide, resell, transfer, or otherwise dispose of Even Realities Services: (a) to any individual, entity, or country or region prohibited by Export Laws; (b) to anyone on US or non-US government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons or missile technology applications without the required government authorizations.

Pursuant to Cal. Civil Code § 1789.3, please note that (a) Even Realities is located at Friedrichstraße 79, 10117 Berlin, Germany; (b) The fees and charges for the Services vary depending on the services selected by you; and (c) If You have a complaint regarding the Services or desire further information on use of the Services, contact us via support@evenrealities.com. For complaints, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd. Suite N112 Sacramento, CA 95834 or by telephone at (800) 952-5210.