These Omni One Store Terms and the Virtuix Terms of Use (altogether, the “Terms”) apply to any offer, order, purchase or download that is made, placed, or accessed through the Omni One content store, whether on the Omni One website, mobile app, or virtual reality application on the Omni One headset (collectively, the "Store") and are between you and Virtuix Inc. ("Virtuix", "we", "us" or "our"). By accessing an offer or by placing an order for, downloading or making a purchase of products, applications or content offered through the Store (the "Products"), you agree to be bound by these Terms.

1. ORDER ACCEPTANCE AND ACKNOWLEDGEMENT

You can place an order by clicking the pre-order or purchase button located in various sections of the Store with respect to the Products of your choice. When placing an order, you may be required to provide some or all of the following information: your name, postal address, billing information and other information as required by law. If you are buying a gift (as defined below), you will also be required to provide us with recipient information. You represent and warrant that all such information is accurate and complete. You are responsible for ensuring that your account information (including your contact and delivery information) is kept current in the Store. We will have no responsibility or liability for inaccurate or incomplete information, or for information that later becomes outdated. Additionally, we have no obligation to make efforts to determine your correct contact information. Order acceptance will occur automatically once your payment has been processed. Download of the Products that you ordered will begin once your device is online and any previously queued downloads have been completed. You will receive a receipt for your Products order via email.

2. PRE-ORDERS

In advance of a new Product launch, it may be possible to place pre-orders in the Store. The price of the Products you pre-order will be quoted to you at the time you submit your pre-order and may not include applicable taxes and delivery costs. Placing a pre-order does not guarantee delivery of the Products.

When the pre-ordered Products are ready for delivery, we will provide you with your purchase confirmation (including taxes where applicable). This communication will constitute the order acceptance for the pre-ordered Products, and payment for the pre-ordered Products will be taken at the time of order acceptance.

3. REFUND POLICY

All purchases of Products are final, except as required by law or as described in our Content Refund Policy.

4. DIGITAL CONTENT, IN-APP PURCHASES, GIFTS AND SUBSCRIPTIONS

You may have the ability to purchase digital content through the Store ("Digital Content"), to purchase additional or enhanced functionality or media content within certain Products ("In-app Purchases"), to purchase certain digital content as gift codes that a third-party recipient can redeem through the Store for the digital content you select ("Gifts") or to make In-app Purchases to access or receive digital content, functionalities or services on a subscription basis ("Subscriptions"). All purchases of Digital Content, In-app Purchases, Gifts and Subscriptions are final except as required by law or as described in our Content Refund Policy. Once you have purchased Digital Content or an In-App Purchase, we encourage you to download, install and/or access it promptly. You consent that the delivery of digital content, in-app purchases, gifts and subscriptions may begin immediately following the completion of your purchase, and you acknowledge that you will therefore lose any statutory rights that you may have to withdraw and receive a refund. The laws of some jurisdictions do not allow the disclaimer or removal of certain statutory rights, so this waiver of statutory rights may not apply to you. If you are not able to download, install or access purchased Digital Content or In-app Purchases, please contact us at help@virtuix.com.

You can purchase a Gift by providing the Gift recipient's information and making a payment in accordance with these Terms. The gift recipient will receive an email notifying them that they have been sent a gift and with information about how to redeem it. If they are not an existing user, they can only redeem the gift by creating a user account. Gifts are single-use only. A recipient also has a limited time frame to redeem gifts. Gifts will expire on the date expressed at the time of purchase. No refunds will be issued for Gifts that expire before being redeemed.

The recipient will not be able to redeem the gift if they already own the digital content or are restricted from doing so by law or any of our policies or requirements.

If redemption is unsuccessful for any reason, you will receive an email and a refund. Once the gift has been purchased, only the recipient may request a refund in accordance with our Content Refund Policy. Please note that all refunds will be provided to you and not the recipient.

Gifts are not redeemable by the recipient for cash or store credit or eligible for resale.

You may have the ability to purchase Subscriptions. Certain subscriptions may be available at no charge for a specified free trial period, which will begin on the date that you place the subscription order. When you place a subscription order without a free trial period, we will immediately charge your payment method the price then in effect (plus applicable taxes). If the subscription includes a free trial period, we will automatically charge your payment method at the end of the free trial period. For all Subscriptions (with or without a free trial period), these charges will recur at the selected interval (e.g., monthly) at the price then in effect (plus applicable taxes), unless and until the Subscription is cancelled.

Your next billing date will be the last day of your current billing period or, if applicable, the last day of your free trial. To avoid being charged for the next billing period (e.g. the next month), you must cancel at least 24 hours before the next billing date. You can view these dates in your account settings.

The price of an ongoing Subscription may change. Before any price changes take effect, we will give reasonable notice in advance of the next billing date.

You may cancel Subscriptions, including free trials, at any time in your account settings. If you cancel, the benefits of your subscription will remain available to you through and until the end of the paid-for billing period or the free trial period, as applicable. When your Subscription ends, you will lose your right to receive the benefits of your Subscription, such as access to additional content, functionalities and/or services.

You may be able to select your Subscription from among different membership tiers and/or billing periods of varying lengths (for example, bronze, silver or gold; monthly, quarterly or yearly). You may, if offered, change the tier or billing period length of your subscription. Unless otherwise indicated or required by applicable law, any such tier, price or billing period changes are effective as of the beginning of the next billing period (for details on your current Subscription period, please see your account settings).

There are no refunds for Subscriptions, unless otherwise indicated or required by applicable law.

We may cancel Subscriptions for any or no reason at the end of the then-current billing period by giving reasonable notice in advance. If we cannot successfully charge your payment method on a billing date, we will notify you. After two (2) more days, we reserve the right to cancel or suspend your access to your subscription.

You may have the ability to purchase an Omni Online membership (“Membership”) through the Store. When you purchase a Membership, you agree to the Omni Online Membership Terms, which supplement and form a part of these Terms. When you purchase a prepaid period of one or more months of Membership, you will receive a redemption code via email to activate your prepaid Membership when you’re ready to do so. You may also receive a free trial of Omni Online (“Trial”). The terms and conditions of your Trial are described in the Omni Online Membership Terms.

You may be able to redeem a gift code, redemption code, or promotional code (“Purchase Code”) to purchase Products or receive a discount on Products. You can only redeem a Purchase Code if you have a user account. You may have a limited time frame to redeem a Purchase Code. Purchase Codes may expire on the date expressed at the time of receipt of the Purchase Code. You will not be able to redeem the Purchase Code if you already own the digital content or are restricted from doing so by law or any of our policies or requirements. Purchase Codes are not redeemable for cash or store credit or eligible for resale.

5. VIRTUAL ITEMS

Your purchase of a virtual item or in-game currency within the Products is a payment for a limited, non-assignable license to access and use that content or functionality in the Products. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Products may only be used in connection with the Products on which you obtained them or on which they were developed by you as a result of gameplay. These items are not redeemable or subject to refund and cannot be traded outside the Products for money or other items of value. We may modify or discontinue virtual items or in-game currency at any time. Except as described in these Terms, we have no responsibility for any transactions that you enter into with a third party for virtual items or in-game currency within the Store, and assume no liability for such virtual items or in-game currency that occur within software, applications, content or services provided by third parties.

6. PRICING AND PAYMENT

We may accept various forms of payment, including credit and debit cards, and payments made through online payment services, such as Apple Pay, PayPal, etc. Additional terms with your payment provider may apply.

By submitting an order or pre-order, you acknowledge that you are authorized to use the designated payment method and you authorize us to charge your order to that payment method. We may utilize an agent, subsidiary or affiliate to process payment and delivery.

Prices are subject to change without notice (excluding ongoing Subscriptions). We reserve the right to refuse or cancel orders at any time and at our sole discretion.

In the event that the payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order. You are responsible for resolving any problems we encounter in connection with your order.

7. DATA PROTECTION

To the extent that Virtuix processes any of your personal information for the purposes of any order, purchase or download described in these Terms, Virtuix is the data controller for the Store (and in respect of any personal information collected in connection with any order placed under these Terms). You authorize us (or a third-party payment processor) to process and store your payment and related information. For example, in accordance with the Virtuix Privacy Policy, Virtuix may pass your personal information to a third-party processor (including for payment and delivery) or, in the event that you submit information or place an order as a guest on the Store, Virtuix may store this information for use in connection with processing your order, providing support, and any marketing communications from Virtuix or its affiliates.

8. ERRORS

We attempt to be as accurate as possible and to eliminate errors in relation to our Products; however, we do not represent or warrant that any Product descriptions or pricing information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged. If we discover a pricing or other material error related to products that have yet to be dispatched or delivered, we will contact you to inform you of this error and give you the option of continuing to purchase at the correct price or cancelling your order. If we are not able to contact you using the contact details you provided during the order process, we will treat the order as cancelled.

9. TAXES

If your purchase is subject to any type of use, sales, duty or other governmental tax or fee ("Taxes"), then we may charge you for those Taxes. Depending on the delivery destination, applicable taxes may be presented at checkout. You are responsible for any Taxes due with respect to your purchase of the Products

10. OTHER TERMS AND POLICIES

Use of any Product purchased through the Store may be subject to additional terms and policies (some of which may be between you and Virtuix or its other affiliates), including, as applicable, the Virtuix Terms of Use, the Omni Online Membership Terms, the Community Standards, the Virtuix Privacy Policy, and any other terms that may be presented and must be agreed to by a user prior to using the Product.

11. CONSUMERS ONLY

You may only purchase Products for personal use or to give as a gift, unless otherwise expressly permitted by us pursuant to other written terms. You may not purchase products from us for commercial use or resale, and we reserve the right to refuse or cancel your order if we suspect that you are purchasing products for such purpose. However, you may use Products to develop and test content, software or applications intended for distribution by us through the Store, subject to the terms of the applicable SDK license agreement.

12. ACCOUNT

When you attempt to place an order, certain features in the Store may automatically be populated with your information. You are responsible for the accuracy of any populated information.

Products purchased in the Store may require the use of an active user account. In order to use the products, a user may be required to log in to the product with an active user account. In the event that your user account is suspended, disabled or deleted, the Product may not be usable by such user until the user has an active user account again. You are responsible for all charges incurred in connection with your account. Virtuix may attempt to collect unpaid charges, including by attempting to make additional charges to your payment instrument, through the use of collections agencies and any other legal means. If you decide to cancel your account, Virtuix reserves the right, subject to any limitations under applicable laws, to collect fees, surcharges or costs incurred before cancellation. Any overdue or unpaid accounts must be settled before you will be allowed to register again for a Virtuix or Virtuix account.

13. LIMITED LICENSE

Virtuix grants you a non-exclusive right, non-transferable, revocable and limited license to use any purchased Products (“Acquired Content”), but subject to the restrictions set out in these Terms. You may not copy, transfer, transmit, sublicense or assign the Acquired Content and the accompanying rights in this limited license, except as expressly permitted in these Terms.

Further, and as a condition of your use of the Acquired Content, you warrant to Virtuix that you are 18 years of age or older, and you will not use the Acquired Content for any purpose that is unlawful, not allowed, or prohibited by the Terms or by law. You agree that you do not acquire any intellectual property or ownership rights in any Acquired Content, or in any protected content or your ideas submitted to us or your Submissions as set out below. We do not grant you any licenses, express or implied, to the intellectual property of Virtuix and/or our licensors or licensees except as expressly authorized in these Terms.

To be clear, the Acquired Content is licensed, not sold, to you, and you hereby acknowledge that no title or ownership in the Acquired Content is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Acquired Content. The publisher of the Acquired Content (“Publisher”) retains all right, title, and interest to the Acquired Content, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The Acquired Content is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. The Acquired Content may not be copied, reproduced, or distributed in any manner or medium, in whole or in part, without prior written consent from Virtuix. Any persons copying, reproducing, or distributing all or any portion of the Acquired Content in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country. Be advised that U.S. copyright violations are subject to statutory penalties of up to $150,000 per violation. The Acquired Content contains certain licensed materials and Virtuix’s licensors and licensees may also protect their rights in the event of any violation of these Terms. All rights not expressly granted under these Terms are reserved by Virtuix and, as applicable, its licensors and/or licensees.

14. RESTRICTIONS TO THE LIMITED LICENSE

This limited license does not include the right to, and you agree not to (a) sublicense the Acquired Content or make it available on a network to other users; (b) create derivative works from the Acquired Content; or (c) copy, publicly perform or broadcast the Acquired Content in any manner not permitted by these Terms.

Further, you and any other person you allow to use the Acquired Content may not decompile, disassemble, reverse-engineer or otherwise display the Acquired Content in human-readable form. You may not modify, translate, rent, lease, distribute, lend or sell the Acquired Content, or provide the right to use the Acquired Content to others, except your guests you allow to use your Acquired Content for personal, non-commercial use. You void any rights to the Acquired Content for any commercial use of the Acquired Content. You agree that these Terms apply to the Acquired Content and all portions of it, whether owned by Virtuix or its third party licensors or licensees.

For the avoidance of doubt, you agree not to:

1. distribute, lease, license, sell, rent, or otherwise transfer or assign the Acquired Content, or any copies of the Acquired Content;
2. make a copy of the Acquired Content or any part thereof;
3. make a copy of the Acquired Content available on a network for use or download by multiple users;
4. except as otherwise specifically provided by the Acquired Content or these Terms, use or install the Acquired Content (or permit others to do same) on a network, for public on-line use, or on more than one computer or gaming unit at the same time;
5. copy the Acquired Content onto a hard drive or other storage device in order to bypass the requirement to run the Acquired Content;
6. use the Acquired Content at a computer gaming center, any other location-based site, or commercially; provided, that Virtuix may offer you a separate license agreement to make the Acquired Content available for commercial use;
7. restrict or inhibit any other user from using and enjoying any online features of the Acquired Content;
8. cheat or utilize any unauthorized robot, spider, or other program in connection with any online feature of the Acquired Content;
9. violate any terms, policies, licenses, or code of conduct for any online features of the Acquired Content; or
10. transport, export, or re-export (directly or indirectly) into any country forbidden to receive the Acquired Content by any U.S. export laws or regulations or U.S. economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the Acquired Content was obtained, which may be amended from time to time.

WE DO NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM OUR NETWORK AND OTHER PORTIONS OF THE INTERNET, WIRELESS NETWORKS, OR OTHER THIRD-PARTY NETWORKS. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET AND WIRELESS SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF. WE CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, WE DISCLAIM ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO THIRD-PARTY ACTIONS OR INACTIONS THAT IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET, WIRELESS SERVICES, OR PORTIONS THEREOF OR THE USE OF THE ACQUIRED CONTENT AND RELATED SERVICES AND PRODUCTS.

15. INTERNATIONAL USE

Although the Acquired Content may be accessible worldwide, we make no representation that the Acquired Content or related materials are appropriate or available for use in locations outside the United States, and accessing them from territories where the content is illegal is prohibited. Those who choose to access the Acquired Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Acquired Content is void where prohibited. Without limiting the foregoing, the Acquired Content may not be exported or re-exported (a) into (or to a national resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By accessing and using the Acquired Content, you represent and warrant that you are not located in, under control of, or a national resident of any such country or on any such list.

16. OPEN SOURCE SOFTWARE

The Acquired Content may contain or link to certain software including without limitation "open source software" that is licensed under other software license terms ("Third Party Software"). You agree to any such additional license terms for such Third Party Software and any other content, source code or other materials provided to you as part of the Acquired Content.

17. COLLECTION OF DATA

As set out in the Virtuix Privacy Policy, which is hereby incorporated by reference, Acquired Content may collect data while you use such content. By your use of the Acquired Content, you consent to the collection and use of any and all data, in adherence to the terms of the Privacy Policy, collected from your use of the Acquired Content. Data that is collected and stored by the Acquired Content could include certain metrics, including but not limited to gameplay performance, achievements, and friends you played with. In addition, the Acquired Content will have access to certain information of your User Profile, as defined in the Privacy Policy, including but not limited to your username, your friends, and performance metrics.

18. SUBMISSIONS

You agree that any feedback, experiences, responses, creative suggestions, ideas, notes, drawings, concepts, or other information via email, via user forums, on Discord, or via any other means of communication about a Product (collectively, the "Submissions") shall be deemed, and shall remain, the intellectual property of whomever owns that Product’s intellectual property rights, and you shall have no ownership or rights to the Submissions except the use as set forth herein.

FOR THE AVOIDANCE OF DOUBT, ANY AND ALL OF YOUR SUBMISSIONS SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF VIRTUIX AND ITS AFFILIATES AND/OR ITS LICENSORS OR LICENSEES, AND YOU HEREBY ASSIGN ALL OF YOUR RIGHT, TITLE AND INTEREST IN THE SUBMISSIONS, AND ALL INTELLECTUAL PROPERTY RIGHTS RELATED THERETO AS SET FORTH HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT VIRTUIX AND ITS AFFILIATES AND/OR ITS LICENSORS OR LICENSEES SHALL HAVE THE PERPETUAL AND IRREVOCABLE RIGHT TO USE, MODIFY, AND OTHERWISE EXPLOIT ALL OR PART OF THE YOUR SUBMISSIONS OR ANY DERIVATIVE THEREOF IN ANY MANNER OR MEDIA NOW KNOWN OR HEREAFTER DEVISED WITHOUT ANY REMUNERATION, COMPENSATION OR CREDIT TO YOU. You hereby represent and warrant that you have the right to assign and grant the rights set forth herein, and that any Submission which is provided by you hereunder is original work made solely by you and does not infringe any third-party intellectual property rights.

19. ENFORCEMENT RIGHTS AND TERMINATION

We are not obligated to monitor access or use of the Acquired Content, or your Submissions, but we have the right to do so for the purpose of ensuring compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, and we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right to remove or disable access to the Acquired Content, or your Submissions at any time and without notice, and at our sole discretion, if we determine that your Submissions, or your use of any Acquired Content is objectionable or in violation of these Terms, or if the Acquired Content itself is in violation of any terms. We will not incur any liability or responsibility if we choose to remove, disable or delete your access or ability to use any or all portion(s) of the Acquired Content.

20. DISCLAIMERS

ALL ACQUIRED CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We do not offer any warranties or guarantees in relation to the Acquired Content’s installation, configuration or error/defect correction. We make no warranty that any Acquired Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Acquired Content. You acknowledge and agree that if you rely on any Acquired Content, you do so solely at your own risk.

THIS DISCLAIMER SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS DISCLAIMER IS PROHIBITED BY ANY FEDERAL, STATE, OR MUNICIPAL LAW, WHICH CANNOT BE PRE-EMPTED.

21. SEIZURE WARNING

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights associated with the Acquired Content. Exposure to certain light patterns or backgrounds on a video monitor on in a virtual reality headset may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. You should carefully review all health and safety warnings and/or instructions from the Acquired Content’s publisher as well as Omni One’s Health and Safety Warnings and Instructions, which you can read here and which are hereby incorporated by reference.

22. CONTACT US

If you have any questions or concerns regarding these Terms or our Store, please contact us at help@virtuix.com.

Last Updated: November 26, 2022