Terms of Service

Please read these Terms of Service (“Terms”) carefully before using the GingXR platform. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you (“User,” “you”) and GingXR (“Company,” “we,” “us”). By creating an account, accessing, or using the GingXR platform, mobile applications, web services, APIs, or any related tools (collectively, “Services”), you confirm you have read, understood, and agree to these Terms, along with our Privacy Policy and Acceptable Use Policy.

2. Eligibility

You must be at least 18 years of age and have the legal authority to enter into binding contracts to use the Services. If you are using the Services on behalf of a business or organization, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration

You must provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at admin@gingxr.com if you suspect unauthorized use of your account.

4. Platform Description

GingXR provides a B2B SaaS platform enabling businesses to offer augmented reality (AR) product visualization to their customers. The platform includes tools for 3D model management, AR session delivery, and integration capabilities. Features may vary by subscription plan.

5. Subscription and Payment

• Access to the platform requires a valid subscription. Subscription fees are billed in advance on a monthly or annual basis.
• All fees are non-refundable except as expressly stated in our refund policy or required by applicable law.
• We reserve the right to change pricing with 30 days' written notice. Continued use after the notice period constitutes acceptance of the new pricing.
• Failure to pay may result in suspension or termination of your account.

6. User Content

“User Content” means any data, text, images, 3D models, files, or other material you upload, submit, or make available through the Services. You retain ownership of your User Content. By uploading User Content, you grant GingXR a worldwide, non-exclusive, royalty-free license to host, store, process, and display that content solely to provide the Services to you.

You represent and warrant that: (a) you own or have the necessary rights to your User Content; (b) your User Content does not infringe any third-party intellectual property rights; (c) your User Content complies with all applicable laws and our Acceptable Use Policy.

7. Intellectual Property

7.1 GingXR IP

The GingXR platform, software, technology, branding, and all associated intellectual property are owned by GingXR and protected by copyright, trademark, and other applicable laws. You may not copy, modify, distribute, sell, or lease any part of our Services or included software without our prior written consent.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Services, you grant us an irrevocable, perpetual, royalty-free license to use that feedback for any purpose without obligation or compensation to you.

8. AR Features and Camera Use

Certain features require access to your device's camera, sensors, and location services. By enabling these features, you consent to this access. AR experiences are provided “as is” and accuracy may vary by device, environment, and lighting conditions. Do not use AR features while driving, operating machinery, or in any situation where distraction could cause harm.

9. AI-Generated Content

The platform may include AI-assisted tools for 3D model generation or enhancement. AI-generated content is provided as a starting point and may require review and refinement. You are solely responsible for reviewing, approving, and ensuring the accuracy of any AI-generated content before use. GingXR does not warrant that AI-generated output is accurate, complete, or fit for any particular purpose.

10. Prohibited Uses

You agree not to use the Services to: violate any applicable law or regulation; infringe intellectual property rights; upload malware or malicious code; attempt to gain unauthorized access to systems; engage in scraping, crawling, or data mining; or any use prohibited by our Acceptable Use Policy.

11. Third-Party Services

The Services may integrate with or link to third-party services (e.g., payment processors, analytics). GingXR is not responsible for the content, privacy practices, or availability of third-party services. Your use of third-party services is subject to their own terms and policies.

12. Service Availability

We strive to provide 99.5% uptime but do not guarantee uninterrupted availability. We may modify, suspend, or discontinue features with reasonable notice. Scheduled maintenance windows will be communicated in advance where practicable.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR CONTINUOUSLY AVAILABLE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GINGXR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless GingXR and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from: your use of the Services; your User Content; your violation of these Terms; or your infringement of any third-party rights.

16. Termination

Either party may terminate these Terms at any time. We may suspend or terminate your access immediately for violation of these Terms or our Acceptable Use Policy. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination shall survive.

17. Data and Privacy

Use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of India. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in India.

19. Dispute Resolution

Before initiating any formal legal proceeding, you agree to first attempt to resolve disputes informally by contacting us at admin@gingxr.com. We will attempt to resolve disputes within 30 days of notice.

20. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice for material changes via email or in-platform notification. Continued use after the effective date constitutes acceptance of the revised Terms.

21. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

22. Entire Agreement

These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and GingXR regarding the Services and supersede all prior agreements.

23. Contact

GingXR
Email: admin@gingxr.com