Terms of Use

THIS IS A VIRTUAL/MIXED/AUGMENTED REALITY GAME. WHEN PLAYING THE GAME, YOU MAY NOT BE ABLE TO SEE, HEAR OR FEEL YOUR PHYSICAL SURROUNDINGS WHEN WEARING A VR/MR/AR HEADSET. IT IS YOUR RESPONSIBILITY TO ABIDE BY THE HEALTH AND SAFETY GUIDELINES SET FORTH IN SECTION 3 AT ALL TIMES. FAILURE TO DO SO MAY LEAD TO PERSONAL INJURY, PROPERTY DAMAGE, AND EVEN DEATH. PLAYING THE GAME IS AT YOUR OWN RISK.
PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY BEFORE ACCESSING THE GAME, AS THE TERMS GOVERN YOUR USE OF THE GAME, AND YOU ARE ONLY PERMITTED TO USE AND/OR PLAY THE GAME PROVIDED YOU HAVE REVIEWED AND ACCEPTED THE TERMS.

Welcome to this virtual/mixed/augmented reality or computer game and/or services, beta testing and/or ancillary services (hereinafter "Game") provided to you by MixRift SRL or (if applicable) any of its affiliates ("MixRift").

For contact information to MixRift, please see Section 23 at the end of the Terms.

Please note that by accessing the Game you agree to abide by the Terms and a legally binding agreement is created between you and MixRift. MixRift may also provide products and services which are governed by separate terms. If you do not agree to these Terms, you may not access the Game.

MixRift reserves the right to disable access temporarily or permanently to the Game for anyone who violates the Terms. MixRift may otherwise disable access to the Game at its sole and absolute discretion and may do so without notice.

The Terms and Game are subject to periodical changes and MixRift reserves the right to update or revise the Terms or Game at any time. Your continued playing of the Game constitutes your binding acceptance of the Terms, including any changes or modifications made by MixRift.

By accessing the Game, you warrant that you have read and accepted the MixRift privacy policy, which can be found on MixRift's website.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES, YOU AND MIXRIFT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND MIXRIFT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

1. Account Registration

To access and play the Game you will need to register an account with a third-party platform/service provider (such as PlayStation, Xbox, Apple App Store, Google Play, PC, Steam, Oculus Quest Store, etc.), unless the Game is expressly provided in a form where an account is not required. You may not allow or enable others to access your account. MixRift reserves the right to disable or block accounts without notice. You are not permitted to transfer your account to another person or entity unless specifically permitted in writing by MixRift.

You acknowledge and agree you are responsible for abiding by the terms of use or service of each platform/service provider. You understand that you will need to (a) provide true, accurate, current, and complete information when registering and (b) maintain and update the registration information. You also represent and warrant that you are not located in a country subject to any government embargo and are not listed on any government list of prohibited parties.

2. Age Limitation

You must check the age limitation for the headset and/or platform you are using ("Required age") and you must be the Required age or older to access and play the Game. The Game is not intended for children under the Required age.

IF YOU ARE AT LEAST THE REQUIRED AGE BUT UNDER 18, YOUR PARENT OR LEGAL GUARDIAN MUST HAVE REVIEWED AND AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MIXRIFT DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD UNDER 18 YEARS OF AGE.

3. Health and Safety

TO REDUCE THE RISK OF PERSONAL INJURY, DISCOMFORT, OR PROPERTY DAMAGE, PLEASE ENSURE THAT YOU CAREFULLY READ THESE HEALTH AND SAFETY GUIDELINES BEFORE PLAYING THE GAME.

Before Playing the Game

Abide by any health and safety notices or guidelines provided by any marketplace, platform, and/or forum through which you may have accessed the Game.

Do not play the Game while experiencing any of the following:

Consult with your doctor before playing the Game if you are pregnant, elderly, have pre-existing vision abnormalities or psychiatric disorders, are using medication, or suffer from a heart condition or other serious medical condition.

Preparing to Play the Game

Set up a safe play space prior to playing the Game:

While Playing the Game

Take a reasonable break every 10–15 minutes. Always take a break if you feel discomfort.

Immediately discontinue playing if you experience any of the following:

Game Associated Risks

You acknowledge that playing the Game inherently involves some risk, including but not limited to: loss of balance, inability to see/hear your physical surroundings, contact with people or objects, repetitive or strenuous motion, and stress to your eyesight or hearing from prolonged use.

4. Prohibited Use

You agree to abide by all applicable laws and regulations. You are strictly prohibited from:

5. Payment

Certain Game versions or content ("Purchasable Content") may require payment. All fees are payable to the platform/service provider. MixRift reserves the right to amend fees and offer new products and services. The Game may be provided as "free-to-play" where some parts are accessible without payment, while premium features require purchase.

6. Limited License

Subject to you complying with these Terms, you are granted a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to access and play the Game. You may not upload, republish, copy, reproduce, modify, or create derivative works from the Game or MixRift Content. You agree not to disassemble, decompile, or reverse engineer any software or component of the Game.

7. Delivery of Game, Updates and New Releases

MIXRIFT PROVIDES THE GAME ON AN "AS IS" BASIS WITHOUT ANY EXPRESS WARRANTIES. MIXRIFT RESERVES THE RIGHT TO ADD, MODIFY, OR DELETE/CANCEL THE GAME AT ANY TIME. MIXRIFT MAY FROM TIME-TO-TIME UPDATE OR OTHERWISE MODIFY THE GAME ELECTRONICALLY. YOU MUST AGREE TO AND INSTALL SUCH UPDATES BEFORE CONTINUING TO PLAY.

8. Links to Third-Party Services

The Game may contain advertising and links to third-party games, websites, and services. MixRift is not responsible for the content, legality, or accuracy of such third-party services. Under no circumstances shall MixRift be liable for any loss or damages caused by your use of or reliance on third-party content.

9. Seizure Warning, Motion Sickness

You may experience seizures when exposed to certain light patterns or flashing lights. Exposure to certain light patterns on a VR/AR headset may induce epileptic seizure or motion sickness even in persons with no prior history. MixRift takes no responsibility for such effects.

10. Sweepstakes, Contests, Raffles, Surveys and Similar Promotions

MixRift may periodically organize promotions subject to separate Promotional Terms that are incorporated into and may supersede these Terms.

11. Access Disablement and Content Removal

You may disable your access to the Game at any time by contacting [email protected]. MixRift may disable access or remove content for any reason, at any time, without notice.

12. Communication and Feedback

MixRift may contact you with news about the Game, products, services, updates, campaigns, and promotions. Any Feedback you provide is voluntarily assigned to MixRift, who may freely use it without compensation. You can stop promotional messages by following the instructions therein or by contacting [email protected].

13. Electronic Communications

When you play the Game or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and agree that such communications satisfy any legal requirement for written communication.

14. Termination

MIXRIFT MAY CHANGE, SUSPEND, OR DISCONTINUE THE GAME AT ANY TIME WITHOUT PRIOR NOTICE OR LIABILITY. MIXRIFT MAY TERMINATE THESE TERMS AND CANCEL ALL RIGHTS GRANTED TO YOU AT ANY TIME. IF MIXRIFT TERMINATES THE GAME, YOU WILL NOT RECEIVE A REFUND OF PAID FEES.

15. Disclaimer of Warranties

THE GAME IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MIXRIFT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIXRIFT MAKES NO REPRESENTATION THAT THE GAME WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MIXRIFT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES. MIXRIFT'S TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF THE AMOUNT YOU PAID FOR THE GAME DURING THE ONE YEAR PERIOD PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100).

17. Indemnification

You agree to indemnify, defend and hold harmless MixRift and its officers, directors, employees, partners, and agents from any actions, claims, demands, damages, losses, liability and expenses arising out of your breach of these Terms.

18. Dispute Resolution

YOU AGREE THAT DISPUTES BETWEEN YOU AND MIXRIFT WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

This does not apply if: (1) you reside in a jurisdiction that does not permit mandatory arbitration, (2) you opt out as described below, or (3) for certain types of disputes described in Section 19.

19. Arbitration

If you live in the US or a jurisdiction that permits arbitration, disputes shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.

You may opt out of arbitration by providing MixRift with written notice via email to [email protected] within thirty (30) calendar days of first accepting these Terms.

The arbitration will be conducted confidentially in the country where you reside. If your claim does not exceed $10,000, it will be conducted solely on submitted documents. The arbitrator's decision will include essential findings and conclusions.

20. Governing Law

Both you and MixRift agree to the exclusive jurisdiction of Romanian law. If you are resident in the EEA or a country where this is prohibited by local law, this section does not deprive you of consumer protection in your country. For Users in the U.S., the governing law shall be that of the State of New York. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

21. Severability

If any provision of the Terms is held invalid or unenforceable, it shall be ineffective only to that extent without affecting the remaining provisions.

22. Entire Agreement, Assignment

These Terms constitute the entire agreement between the parties. MixRift may assign its rights without notice. You may not assign your rights under the Terms.

23. Disclosure

The Game and related products/services are offered by MixRift SRL, a Romanian corporation.

Registered address: 27-33 Nerva Traian St, Office 6 Entry B, 1st floor, Bucharest, District 3, Romania

Email: [email protected]

24. Terms Specific to Residents of the EEA

Purchases and Refunds

If you live in the EEA, you have certain rights to withdraw from online purchases. However, once you download Purchasable Content, your right of withdrawal ends. MixRift or the applicable platform will provide you with a VAT invoice when required by law.

25. Terms Specific to Residents of Germany

Limitation of Liability

In the event of intentional or gross negligence, either party shall be liable according to statutory provisions. The same applies to damages from injury to life, body or health, damages from violation of a quality guarantee (Beschaffenheitsgarantie), and fraudulently concealed defaults.

In the event of slight negligence, liability applies only for violation of a contractual core duty (wesentliche Vertragspflicht), limited to foreseeable and contract-typical damages. Liability based on the German Product Liability Act remains unaffected. Any further liability is excluded.