Thank you for deciding to use XLenz, we are delighted that you are as curious as we are about the world around you!
You must read this Terms of Use Agreement as it is a legally binding agreement between you and XLenz (“XLenz,” “we,” “us” or “our”) regarding XLenz’s application, available for download on mobile devices (“XLenz App” or the “App”), its website and its other products, services and features it may make available to you. By using or accessing the Services you agree to the terms of this Agreement. For some of our Services you may have additional terms and conditions to accept so please be aware of this and if there is any conflict between those and this Agreement then the new terms will apply to you
We at XLenz know that Mixed Reality (XR) will be at the top of the charts in terms of technology that will have the most future impact and we are at the helm of what it takes to be in the XR space and lead the change
XLenz™ Augmented Reality Solutions provide multiple approaches depending upon organizational needs—from a cloud-based, pre-configured platform to custom consulting and maintenance and support services. We also provide a plethora of assets to be utilized while serving content for our customers
The XLenz App uses the camera on your smartphone device, whilst the app is enabled to recognize images through the camera and show on-screen dynamic content on top of what you see 'in the real world' – what’s known as 'augmented reality'
We use artificial intelligence, computer vision technology, and other functionality – including, where you choose to enable it, facial recognition technology – to make this happen. You can find out more about our app and how it works at www.XLenz.us At XLenz we are working to build a service that provides an immersive experience for our users. The XLenz Services covered in this Agreement are constantly evolving as we add new features to improve your experience. We may need to update this Agreement as a result of this and so we would encourage you to regularly review it; the process for us updating it is set out in section 9 below
XLenz is the collective name for the group of companies whose parent is Eduridge(registered in USA, File number 7199524). When we refer to ‘’we’’ or ‘’our’’ or ‘’XLenz’’ in this Agreement we are referring to XLenz, Inc.
Your privacy is the most important to us and so we encourage you to please read and understand the contents of our Privacy Policy carefully before using the XLenz App or Services or accessing the XLenz Web Platform
The XLenz App permits you to use the XLenz software application for the smartphone devices (“XLenz App”) and the XLenz information technology augmented reality and image recognition platform that XLenz may make available from time to time from your mobile device (“Device”).Once you download the XLenz App onto your Device and agree to be bound by this Agreement and the Privacy Policy, you may use the XLenz App
We give you access to some great content! Our Service allows you to view, upload, and store content created by us and from third parties including other users. So you can use the XLenz Content, the Services, and Platform, XLenz grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to it. This license is for the sole purpose of letting you use and enjoy the Service consistent with this Agreement, our usage policies, and any additional license terms you might receive
Any software that we give you access to may automatically download and install upgrades, updates, or other new features. Your Device settings may allow you to adjust these automatic downloads. You may not copy, modify, distribute, sell or lease any part of the Service nor may you reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so
If the Customer is subscribing directly on the Platform, his acceptance of these general terms and conditions is demonstrated by ticking a box in the registration form. If the Customer is requesting an Estimate, his approval of the Estimate represents his full acceptance of the provisions of the Contract. The Customer may only accept the Contract in its entirety. Any form of acceptance with reservations will be considered to be null and void
When you use the XLenz App and Services to view XLenz Content you may also be scanning images of what is around you or adding content yourself from other sources (“User Generated Content”). You are submitting this digital User Generated Content to our Platform.Don’t worry, you retain whatever ownership rights that you had in the User Generated Content but we can continue to provide you and other users with our Service you grant us a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, non-revocable, worldwide license to copy, host, modify, display, reproduce, edit, publish, create derivative works from, publicly display, distribute and otherwise use the User Generated Content to enable us to operate, develop, make available, promote and improve the XLenz Service and Platform. Any User-Generated Content you add must comply with our Community Guidelines. If your User Generated Content contains information about yourself, including your image, then please review our Privacy Policy where you will be able to learn more about what others can see about you and how you can manage that
We are lucky to be able to make available to you content from lots of different sources including other users, publishers, and other third parties (“Third Party Content”). This is what enables us to give you such a great AR experience! We may review any content that appears on the Services – whether that’s added by you or a third party - and remove without notice any content that we reasonably believe to be in breach of this Agreement and all associated policies e.g., Community Guidelines, however, we are not obliged to do this and so we do not take responsibility for any content that others provide through the Services
We welcome feedback and if you have comments or want to report an issue relating to XLenz Content, User Generated Content or Third Party Content, including any content that you feel is outside of our Community Guidelines then please email us at info@XLenz.us
We reserve all intellectual property rights in the XLenz App, the XLenz Services and the XLenz Platform, except for the rights expressly granted in this Agreement and you accept and acknowledge that all intellectual property rights in the XLenz Content belong to XLenz or its licensors. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the XLenz App, XLenz Services, XLenz Platform or any in XLenz Content
This Agreement does not grant you any right to use the trademarks, service marks, copyright works or logos of XLenz, its licensors or any other third parties
If you violate any one of its Contract obligations, the Contract will be terminated as of right 30 (thirty) days after the defaulting party has failed to respond to a formal letter of notice sent by recorded delivery, mentioning the intention to apply this clause, without prejudice to any damages that may be claimed from the defaulting party. Your Restrictions and Usage Rules
You may not use the XLenz App on any Device that you do not own or control, and you may not distribute or make the XLenz App available over a network where it could be used by multiple devices at the same time. You may not download the App on a Device that is not legally available in your country of residence
You may not copy ,decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the XLenz App, XLenz Services or any updates or any part thereof, or of any XLenz Content (except to the extent any foregoing restriction is permitted by applicable law)
You acknowledge that the XLenz App contains security technology that limits your usage of the XLenz App to the following applicable usage rules however whether or not the XLenz App is limited by security technology, you agree to use the XLenz App in compliance with the following applicable usage rules:
(a) your use of the XLenz App is conditioned upon your prior acceptance of the terms of this Agreement
(b) you will be able to store the XLenz App from up to five different Accounts (as defined in the Apple Terms of Service) on certain devices, including the Devices, at a time
(c) you will be able to store the XLenz App on five authorized devices at any time
(d) you will not attempt to, or encourage or assist any other person to circumvent or modify any security technology or software that is part of the Service (as defined in the Apple Terms of Service) or used to administer the Usage Rules (as defined in the Apple Terms of Service)
(e) the delivery of the XLenz App does not transfer to you any promotional use rights in the XLenz App or the XLenz Content
(f) you shall be able to manually sync the XLenz App from at least one authorized device to devices that have manual sync mode, provided that the XLenz App is associated with an Account (as defined in the Apple Terms of Service) on the primary iTunes authorized device, where the primary iTunes-authorized device is the one that was first synced with the device, or the one that you subsequently designate as primary using iTunes
We may need to modify this Agreement from time to time. In most circumstances the reasons for these modifications are to reflect changes in our products and services, in the law, to meet regulatory requirements or to reflect new industry guidance and codes of practice.
If we modify the Agreement, we will post a notice on the XLenz website located at, or put a notice within the XLenz App. Your continued use of the Service following notice of the changes to the Agreement, policies, guidelines constitute your acceptance of our amended Agreement, policies or guidelines. You should discontinue to use the Service if you do not agree with the changes.
Provided you are in compliance with these Terms of Use, we will at our expense and option defend or settle any claim brought against you alleging that the XLenz App or your possession and use of the XLenz App breaches any third-party intellectual property rights. We, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of this third-party intellectual property infringement claim.
If the Service infringes or misappropriation, or in our reasonable determination is likely to infringe or misappropriate any third party’s intellectual property rights, then we may, at our sole option and expense:
(a) obtain from the third party the right to continue to use the Service consistent with the rights granted hereunder; or
(b) modify or stop providing the XLenz App or Service to avoid and eliminate such infringement or misappropriation.
We will not be liable for any infringement based on:
(a) modification of the XLenz App by anyone other than us; or
(b) the combination of the XLenz App with other software, items or processes not furnished by us if such infringement would have been avoided by the use of the Software alone; or
(c) any Third Party Content
The Services And Platform Have Been Developed With, And Are Provided With, Reasonable Care And Skill. XLenz Does Not Make Any Other Promises Or Warranties About The XLenz App Or Any XLenz Content And In Particular Does Not Warrant That:
(a) The Services Will Provide Uninterrupted Or Error-free Use And The Services Will Be Uninterrupted; And
(b) The Services Will Operate Free From Loss, Corruption, Attack, Viruses, Interference, Hacking, Or Other Security Intrusion. You Shall Be Responsible For Backing Up Your Own System
XLenz Does Not Warrant that the XLenz Content Will Be Error-free, Complete, Accurate, Available Or Uninterrupted. XLenz Expressly Disclaims Any Implied Warranties As To Merchantability Or Fitness For Purpose. Except As Set Out In Section 12 Below, Or In The Event That You Are Exercising Any Applicable Statutory Right To Refund Or Compensation, In No Case Shall XLenz Be Liable For Any Loss Or Damage Caused By The XLenz App Where:
(a) There Is No Breach Of A Legal Duty Of Care Owed To You By XLenz;
(B) It Is Not A Reasonably Foreseeable Result Of Any Such Breach;
(C) Any Increase In Loss Or Damage Results From Breach By You Of Any Term Of This Agreement;
(D) It Results From A Decision By XLenz, To Suspend Or Terminate Your Access To The XLenz App Or The XLenz Service, Or To Take Any Other Action During The Investigation Of A Suspected Breach Or As A Result Of A Breach, Of This Agreement;
(E) It Relates To Loss Of Income, Business Or Profits, Or Any Loss Of Data Or Corruption Of Data In Connection With Your Use Of The XLenz App Or The XLenz Service; Or
(F) The Loss Or Damage Is Indirect.
Except as set, XLenz’s aggregate liability under this Agreement shall be limited to the lower of the sum equal to the data cost of downloading the XLenz App to your Device or £75.
Nothing in this Agreement excludes or limits XLenz’s liability for fraud, fraudulent misrepresentation or for death or personal injury.
We can, at any time, suspend your use of the XLenz App and/or XLenz Services. We will do this if we think it is reasonably necessary because
-we are obliged to do so in order to comply with the order of a court, regulatory authority or other government body;
-we reasonably believe that your account information or augmented reality face profile is fake and/or you are impersonating another person;
-we have concerns about the security of the XLenz App, XLenz Platform or XLenz Services;
-we reasonably believe that you are using the XLenz App or XLenz Services in a manner that is inconsistent with or breaches any of our or third parties’ usage rules; or
-we are investigating a report against your account or any User Generated Content you have added.
Content you have added. We will usually give you advance notice of any suspension and state the reason. However, we will not do so if this would compromise our reasonable security measures or it is unlawful to do this. Occasionally, we might not be able to contact you to give you advance notice.
We currently do not charge you for use of the XLenz App but please be aware that your carriers normal rates and fees, such as data charges, will still apply.
Your access to XLenz Content is entirely at our discretion. We have the right to remove or change XLenz Content at any time without notice to you and to determine which XLenz Content you will have access to at any given time. We make no guarantee that XLenz Content will be constantly or consistently available. XLenz has no liability to you for any Third Party Content
You acknowledge that XLenz Content is for general information purposes only and is not intended to be relied upon for specific advice.
If any XLenz Content contains links to third party applications or websites (“Third Party Sites”), you accept and acknowledge that XLenz is not responsible for the content or functioning of such Third Party Sites. We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third-Party Sites. The availability of these links in the XLenz Content does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. If you choose to access Third Party Sites, you do so at your own risk and you agree to be bound by any additional terms of use (including any third party privacy policies) that apply to such Third Party Sites. XLenz has no liability to you for your use of any Third Party Sites
We will have the right to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third-party rights.
This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the law where XLenz is operating. The Parties hereby agree to submit to the exclusive jurisdiction of such Courts in respect of all disputes arising out of or in connection with this Agreement
If the Platform that you download, access and/or use runs on Apple’s iOS operating system:
the Platform may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
-Apple has no obligation at all to provide any support or maintenance services in relation to Platform. If you have any maintenance or support questions in relation to the Platform, please contact us, not Apple, using the contact details set out at the end of this Agreement;
-except as otherwise expressly set out in this Agreement, any claims relating to the possession or use of the Platform are between you and us (and not between you, or anyone else, and Apple);
-in the event of any claim by a third party that your possession or use (in accordance with this Agreement) of the Platform infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
-although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;
-you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
-you are not listed on any United States Government list of prohibited or restricted parties; and
if the Platform does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Platform (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Platform and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using the Platform or relying on any of its content.
(a) IP Infringement: you represent and warrant to us that the User Generated Content does not and will not infringe the rights (including the intellectual property rights) of any third party, is not obscene, defamatory, pornographic or otherwise offensive, and shall comply with all applicable laws, rules and regulations. If any claim or allegation is made against us, that the User Generated Content infringes any laws and/or the rights (including, without limitation, the intellectual property rights) of any third party you agree to help us resolve this and also indemnify XLenz from and against all claims or losses that XLenz might suffer as a result of such infringement.
(b) Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of this XLenz App and supersedes any prior or contemporaneous understandings and agreements between you and us related to its subject matter.
(c) Third Party Beneficiaries. Any person who is not a party to this Agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of this Agreement.
(d) Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
(e) Severability. The parties agree that each provision of this Agreement is intended to be construed to be enforceable to the fullest extent possible. If any provision or part of a provision of this Agreement is held to be unlawful, void or unenforceable, that provision or part of the provision shall be deemed severable from this Agreement and not affect the validity and enforceability of any remaining provisions.
(f) Assignment. You may not assign your rights under this Agreement to any third party; we may freely assign our rights under this Agreement and the Agreement, including for the purposes of a merger, acquisition, sale of assets, by operation of law or otherwise.
-product liability claims;
-personal data claims;
- any claim that the XLenz App fails to conform to any applicable legal or regulatory requirement; and
-claims arising under consumer protection or similar legislation.
Price of the Services: In return for taking out a Subscription, the Customer undertakes to pay Augment the agreed price as indicated on the Platform or in the Estimate.
Unless there is a special agreement between Augment and the Customer, the cost of the Subscription is due in its entirety on the date on which the Subscription is taken out. Augment will send the Customer an invoice by any practical means. The price must be paid 30 (thirty) days at the latest after the Customer has received the invoice.
By express agreement between the parties, any delay in the payment of all or part of a sum on its due date under the Contract will lead automatically and without prior notice to the following: (i) all sums owed by the Customer will become immediately payable, (ii) the Services will be suspended immediately until all the sums due have been paid in full, and (iii) Augment will invoice late-payment interest at the rate of 5 (five) times the legal interest rate, based on the total of all the sums owed by the Customer, and a payment of 40 (forty) euros to compensate recovery costs.
The Subscription will come into effect on the date on which it is confirmed on the Platform on the date of acceptance of the Estimate, for the duration of the Subscription taken out. Unless there is a special agreement between Augment and the Customer, this period is 1 (one) year; the Subscription will then be renewed by tacit agreement for successive periods of the same length unless terminated by one or the other of the parties by sending the other party a letter by recorded delivery at least 3 (three) months prior to the expiry of the period concerned.