Terms of Service

Before utilizing the XFLIP mobile application (“Service”) provided by AIOPTIX. (“we” or “our”), please review these terms and conditions (“Terms”, “Terms and Conditions”) attentively. Your ability to access and utilize the Service is contingent upon your acceptance of and adherence to these Terms. These Terms are applicable to all visitors, users, and individuals who desire to access or use the Service. By accessing or using the Service, you consent to be bound by these Terms. If you object to any portion of the terms, you are not authorized to access the Service.

Minutes Package

AIOPTIX may, at its discretion, introduce a Minutes Package that offers a prepaid block of minutes for utilizing AI-powered services.

Free Trial

AIOPTIX reserves the right, at its sole discretion, to provide a Subscription with a limited-time free trial (“Free Trial”). You may need to input your billing details to enroll in the Free Trial. If you provide your billing information during the Free Trial sign-up, AIOPTIX will not charge you. AIOPTIX retains the right to (i) alter the terms and conditions of the Free Trial offer, or (ii) terminate the Free Trial offer without prior notice.

Fee Changes

AIOPTIX, at its discretion and at any time, reserves the right to adjust the Subscription fees. Any modification to Subscription fees will take effect at the conclusion of the ongoing Billing Cycle. AIOPTIX will give you reasonable advance notice of any changes in Subscription fees to allow you the chance to cancel your Subscription before the revised fees become effective. Your continued use of the Service following the implementation of the revised Subscription fee indicates your acceptance of paying the adjusted Subscription fee amount.

Refunds

Paid Subscription fees are non-refundable, except when mandated by law.

Accounts

By creating an account with us, you affirm that the information you provide is accurate, complete, and up-to-date at all times. Providing inaccurate, incomplete, or outdated information may lead to the immediate termination of your account on the Service. It is your responsibility to safeguard the confidentiality of your account and password, which includes restricting access to your computer and/or account. You agree to take accountability for all activities or actions that take place under your account and/or password, whether the password is used with our Service or a third-party service. Promptly inform us upon discovering any security breaches or unauthorized use of your account.

Intellectual Property

The Service, along with its original content, features, and functionality, is and will continue to be the exclusive property of AIOPTIX and its licensors. The Service is safeguarded by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be utilized in association with any product or service without the prior written consent of AIOPTIX.

Links To Other Web Sites

Our Service may include links to third-party websites or services that are not owned or controlled by AIOPTIX. AIOPTIX does not have authority over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not guarantee the offerings of these entities/individuals or their websites. You acknowledge and agree that AIOPTIX is not accountable or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third-party websites or services. We strongly recommend that you review the terms and conditions and privacy policies of any third-party websites or services you visit.

Termination

We reserve the right to terminate or suspend your account and deny access to the Service promptly, without prior notice or liability, at our sole discretion, for any reason, including but not limited to a breach of the Terms. Upon termination, your privilege to use the Service will cease immediately. If you desire to terminate your account, you can do so by discontinuing the use of the Service.

Limitation Of Liability

AIOPTIX, along with its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising from (i) your access to or use of the Service, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. This limitation of liability applies even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your utilization of the Service is solely at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is offered without any warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. AIOPTIX, its subsidiaries, affiliates, and licensors do not guarantee that a) the Service will operate uninterrupted, securely, or be available at any specific time or location; b) any errors or defects will be rectified; c) the Service is free from viruses or other harmful components, or d) the outcomes of using the Service will fulfill your requirements.

Governing Law

These Terms will be governed and interpreted in accordance with the laws of the United States, without regard to its conflict of law principles. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of those rights. If any provision of these Terms is found to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain valid. These Terms constitute the complete agreement between us concerning our Service and supersede any prior agreements we may have had regarding the Service.

Changes

We retain the authority, at our exclusive discretion, to amend or substitute these Terms at any given time. In the event of a significant alteration, we will issue a minimum of 30 days’ notice before the new terms come into force. The definition of a substantial modification will be decided solely by us. By persisting in accessing or utilizing our Service following the implementation of any revisions, you are consenting to adhere to the updated terms. Failure to agree to the revised terms will result in the loss of authorization to use the Service

END-USER LICENSE AGREEMENT

XFLIP hereby provides you with access to “the app” and invites you to purchase the services offered here.

Definitions and key terms

In order to provide clear definitions within this End User License Agreement (EULA), the following terms are strictly defined as follows:

• Cookie: A small amount of data generated by a website/app and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information.
• Company: When this policy mentions “Company,” “we,” “us,” or “our,” it refers to AIOPTIX, (HOOVER IND BLDG 26-38 KWAI CHEONG RD KWAI CHUNG, HONGKONG), which is responsible for your information under this EULA.
• Country: Where XFLIP or the owners/founders of XFLIP are based, in this case, is the United States.
• Service: Refers to the service provided by XFLIP as described in the relative terms (if available) and on this platform.
• Third-party service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
• App/Application: XFLIP app, refers to the SOFTWARE PRODUCT identified above.
• You: A person or entity that is registered with XFLIP to use the Services.

Introduction

This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and AIOPTIX (“Company”, “we”, “us” or “our”). This Agreement governs the relationship between you and us, and your use of the Company XFLIP. Throughout this Agreement, End User and Company may each be referred to as a “Party” or collectively, the “Parties”.

If you are using the app on behalf of your employer or other entity (an “Organisation”) for whose benefit you utilise the app or who owns or otherwise controls the means through which you utilise or access the app, then the terms “End User”, “you”, and “your” shall apply collectively to you as an individual and to the Organisation. If you use, or purchase a license to, the app on behalf of an Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1) purchase a license to the app on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.

By downloading, installing, accessing, or using the app you: (a) affirm that you have all of the necessary permissions and authorisations to access and use the app; (b) if you are using the app pursuant to a license purchased by an organisation, that you are authorised by that organisation to access and use the app; (c) acknowledge that you have read and that you understand this agreement; (d) represent that you are of sound mind to enter into a binding agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.

f you do not agree to these terms, do not download, install, access, or use the software. If you have already downloaded the software, delete it from your computing device.

The Application is licensed, not sold, to you by XFLIP for use strictly in accordance with the terms of this Agreement.

License

In accordance with the terms of this Agreement and, if applicable, those terms outlined in the License Agreement, XFLIP hereby grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:

• Download, install, and utilize the Software on one (1) Computing Device per single user license that you have purchased and been granted. If you intend to use the Software on multiple Computer Devices, you agree to obtain a license for the number of devices you plan to use;
• Access, view, and use the End User Provided Materials available in or accessible through the Software on such Computing Device, strictly adhering to this Agreement and any other terms and conditions related to such End User Provided Materials;
• Install and use the trial version of the Software on any number of Computing Devices for a trial period of one month following installation.

Scope of License

The Licensor grants you a nontransferable license to use the Licensed Application on any XFLIP-branded products that you own or control and as permitted by the Usage Rules. The terms of this Standard End User License Agreement (EULA) will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by the Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA.

Except as provided in the Usage Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices simultaneously. You are not allowed to transfer, redistribute, or sublicense the Licensed Application. If you sell your XFLIP Device to a third party, you must remove the Licensed Application from the XFLIP Device before doing so.

You are prohibited from copying (except as permitted by this license and the Usage Rules), reverse-engineering, disassembling, attempting to derive the source code of, modifying, or creating derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open-sourced components included with the Licensed Application).

Functionality for Technical Demonstration Only Disclaimer

By using these AR glasses, you acknowledge and agree that it is your responsibility to adhere to all standard operating procedures and guidelines provided in the user manual. The manufacturer disclaims any liability for any damages, accidents, or injuries resulting from user non-compliance with the specified procedures, misuse, or improper handling of the AR glasses.

XFLIP provides an open platform to all users, allowing them the potential to develop scenarios involving XFLIP hardware (including AR glasses, Bluetooth glasses, AI devices, and other devices) through the use of this open platform. In order to showcase AR and AI technologies to users, XFLIP’s applications may include usage in specific scenarios (such as driving), but this does not imply that users are permitted to use XFLIP devices in those scenarios (such as driving). Such demonstrations, whether within XFLIP’s products, involving third parties associated with the XFLIP platform, or developed through the XFLIP open platform, are intended solely for showcasing AR technology and are not intended for practical application. XFLIP cannot guarantee that accidents or personal injuries, including harm to others or oneself, will not occur when users utilize XFLIP devices in any scenario due to product-related or non-product-related reasons. Users are required to comply with local laws and regulations and should use XFLIP devices while ensuring their own and others’ safety. If users are unable to ensure safety when using XFLIP devices (including device safety, property safety, personal safety, and all related risks), they should immediately cease using XFLIP hardware, software features, and all services from XFLIP and its affiliates. XFLIP bears no responsibility for any consequences resulting from users’ failure to discontinue the use of XFLIP devices or services. Users must agree to abide by the above terms. If users refuse to accept these terms, they should immediately cease using XFLIP devices or services and uninstall all XFLIP applications.

How We Collect and Use Your Personal Information

We are dedicated to safeguarding the personal information you provide while using our APP. We adhere to laws and regulations governing the collection, use, storage, and transmission of personal information, and we uphold privacy protection principles to ensure the security of your information. Personal information encompasses all types of information related to identified or identifiable natural persons recorded by electronic or other means, excluding information that has undergone anonymization processing.

The personal information covered in this privacy policy includes:

• Basic information (such as nickname, region, email address, device number)
• Network identification information (such as system account number)
• Personal internet records (including login records, page interaction events, page visit duration)

Sensitive personal information refers to personal information that, if leaked or used unlawfully, could potentially lead to the violation of a natural person’s human dignity or pose a threat to their personal safety or property. This category includes biometric data, religious beliefs, specific identity details, medical and healthcare information, financial account details, location history, and other information, as well as personal information of minors under the age of 14.

Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make the Application available to any third party.
• Modify, create derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of XFLIP or its affiliates, partners, suppliers, or the licensors of the Application.

Intellectual Property

All intellectual property rights, including copyrights, patents, trademarks, trade secrets, and other confidential information, associated with the Software and owned by XFLIP shall remain the exclusive property of XFLIP or its suppliers or licensors, as applicable. This includes derivative works and all other rights collectively referred to as “Intellectual Property Rights.” This Agreement does not grant you or any Organisation a license to XFLIP’s Intellectual Property Rights.

You acknowledge that this Agreement provides a limited license to use XFLIP’s Intellectual Property Rights solely as part of the Software and only for the duration of the license granted to you. Any use of XFLIP’s Intellectual Property Rights independently of the Software or beyond the scope of this Agreement will be considered an infringement of XFLIP’s Intellectual Property Rights. However, XFLIP reserves the right to pursue a breach of contract claim if you violate any term or condition of this Agreement.

You are responsible for safeguarding the Software and all copies from infringement, theft, misuse, or unauthorized access. Except as explicitly granted in this Agreement, XFLIP retains all rights, title, and interest in the Software, including copyrights, trademarks, patents, trade secrets, and other intellectual property rights.

You or the Organisation, if applicable, will retain ownership of all Intellectual Property Rights in the work products created through or with the assistance of the Software.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (“Suggestions”) that you provide to XFLIP regarding the Application will be the sole and exclusive property of XFLIP. XFLIP will have the freedom to utilize, copy, modify, publish, or distribute the Suggestions for any purpose and in any manner without providing credit or compensation to you.

Modifications to Application

XFLIP reserves the right to modify, suspend, or discontinue the Application or any service it connects to, either temporarily or permanently, with or without notice and without any liability to you.

Updates to Application

XFLIP may periodically offer enhancements or improvements to the features and functionality of the Application, such as patches, bug fixes, updates, upgrades, and other modifications, collectively referred to as “Updates.”

These Updates may alter or remove certain features or functionalities of the Application. You acknowledge and agree that XFLIP is not obligated to provide any Updates or maintain specific features or functionalities of the Application for you.

Furthermore, you agree that all Updates will be considered an integral part of the Application and will be subject to the terms and conditions outlined in this Agreement.

Third-Party Services

The Application may present, include, or offer third-party content (such as data, information, applications, products, or services) or provide links to third-party websites or services (“Third-Party Services”).

You acknowledge and agree that XFLIP is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, legality, copyright compliance, decency, quality, or any other aspect. XFLIP does not assume any liability or responsibility to you or any other individual or entity for any Third-Party Services.

Third-Party Services and the links provided are offered solely for your convenience, and you access and utilize them at your own risk, subject to the terms and conditions of those third parties.

Term and Termination

This Agreement will remain in effect until either you or XFLIP decide to terminate it.

XFLIP reserves the right to suspend or terminate this Agreement at any time and for any reason, with or without prior notice, at its sole discretion.

This Agreement will be terminated immediately, without prior notice from XFLIP, if you fail to comply with any provision outlined in this Agreement. You also have the option to terminate this Agreement by removing the Application and all copies from your device.

Upon termination of this Agreement, you must discontinue all use of the Application and delete all copies from your device.

Termination of this Agreement will not affect any of XFLIP’s rights or remedies under the law or in equity in the event of your breach of any obligations during the term of this Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless XFLIP, its officers, directors, employees, agents, affiliates, successors, and assigns from any losses, damages, liabilities, claims, actions, judgments, costs, or expenses, including reasonable attorneys’ fees, arising from or related to:

i) Your use or misuse of the Software.

ii) Your failure to comply with any applicable laws, regulations, or government directives.

iii) Your breach of this Agreement.

iv) Your agreements or relationships with an Organisation (if applicable) or any third party.

Additionally, you acknowledge that XFLIP bears no responsibility for the information or content you submit or make available through the Software, or for the content provided to you by third parties.

No Warranties

The Application is provided to you “AS IS” and “AS AVAILABLE,” with all faults and defects, without any warranties. XFLIP, on its own behalf and on behalf of its affiliates, licensors, and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, course of performance, usage, or trade practice.

XFLIP does not warrant that the Application will meet your requirements, achieve intended results, be compatible with other software, operate without interruption, meet performance or reliability standards, be error-free, or that any errors or defects will be corrected.

Neither XFLIP nor its providers make any representation or warranty regarding the operation or availability of the Application, the accuracy or reliability of information or content provided, uninterrupted or error-free operation, or the absence of viruses or harmful components in the Application or related communications.

Please note that some jurisdictions may not allow the exclusion of implied warranties or limitations on statutory consumer rights, so the above disclaimers and limitations may not apply to you in their entirety.

Limitation of Liability

Regardless of any damages you may suffer, the total liability of XFLIP and its suppliers under any provision of this Agreement, and your exclusive remedy for all issues, will be limited to the amount you actually paid for the Application.

To the maximum extent permitted by applicable law, XFLIP and its suppliers will not be liable for any special, incidental, indirect, or consequential damages, including but not limited to loss of profits, data, business interruption, personal injury, or loss of privacy, arising from the use or inability to use the Application, third-party software or hardware used with the Application, or any provision of this Agreement. This limitation applies even if XFLIP or its suppliers have been advised of the possibility of such damages and even if the remedy fails its essential purpose.

Please note that some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you in its entirety.

Severability

If any provision of this Agreement is deemed unenforceable or invalid, that provision will be modified and interpreted to achieve the intent of the provision to the fullest extent permitted by applicable law. The remaining provisions of the Agreement will remain in full force and effect.

Waiver

The failure or delay of either party to exercise any right or power under this Agreement does not constitute a waiver of that right or power. Furthermore, any partial or single exercise of a right or power under this Agreement does not prevent further exercise of that right or any other rights granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement will take precedence.

Amendments to this Agreement

XFLIP retains the right to modify or replace this Agreement at its sole discretion. In the case of a material revision, we will provide a minimum of 30 days’ notice before the new terms take effect. The determination of what constitutes a material change will be made at our sole discretion.

By continuing to access or use our Application after the revised terms come into effect, you agree to be bound by the updated terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

This Agreement and your use of the Application are governed by the laws of the United States, without regard to its conflicts of law principles. Your use of the Application may also be subject to other local, state, national, or international laws.

Changes to this agreement

We reserve the exclusive right to update this Agreement periodically. Your continued access to and use of the app indicates your agreement to be bound by the terms and conditions in effect at that time. By using the app, you acknowledge and accept this Agreement (including any amendments) each time you access or use the app. We recommend reviewing this Agreement regularly.

If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you can withdraw your acceptance by providing us with written notice of your withdrawal. Upon notifying us in writing of your withdrawal of acceptance, you are no longer authorized to access or use the app.

No Employment or Agency Relationship

No provision of this Agreement, or any aspect of the relationship between you and XFLIP, is intended to establish or shall be interpreted as creating any relationship between you and XFLIP other than that of an end user of the app and services provided.

Equitable Relief

You acknowledge and agree that if you breach this Agreement, it would cause XFLIP irreparable harm for which monetary damages alone would be insufficient. In addition to damages and any other remedies available to XFLIP, you acknowledge and agree that XFLIP may seek injunctive relief to prevent the actual, threatened, or ongoing breach of this Agreement.

Headings

The headings in this Agreement are for reference purposes only and do not restrict the scope of, or otherwise impact, the interpretation of this Agreement.

Geographic Restrictions

The Company, based in Hong Kong, offers access and use to individuals worldwide and ensures compliance with local laws and regulations. You are solely and exclusively responsible for complying with local laws.

Limitation of Time to File Claims

Any cause of action or claim you may have arising from or related to this agreement or the app must be initiated within one (1) year after the cause of action accrues. Otherwise, such cause of action or claim is permanently barred.

Entire Agreement

The Agreement represents the complete agreement between you and XFLIP concerning your use of the Application and overrides all prior and contemporaneous written or oral agreements between you and XFLIP. You may be subject to additional terms and conditions that apply when you use or purchase other XFLIP services, which XFLIP will provide to you at the time of such use or purchase.

Jurisdictions

You are not permitted to use or export the Licensed Application except as authorized by United States law and the laws of the jurisdiction where the Licensed Application was obtained. Specifically, the Licensed Application may not be exported or re-exported (a) to any U.S.-embargoed countries or (b) to individuals on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you confirm that you are not located in any such country or on any such list. You also agree not to use these products for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

Contact Us

If you have any questions about these Terms, please contact us at support@xflip.ai.