Palatial Terms of Service

Last revised: May 31, 2024

Acceptance of Terms

Palatial Platforms Inc. (“Palatial”) provides technology-enabled services, including the software offering branded as “Palatial” and the website at https://www.palatialxr.com/ as well as other related subdomains, software, content, services, personalized links and/or platforms, including all versions and upgrades thereto (collectively, the “Services”). Your use of the Services is subject to and governed by the terms and conditions in this Terms of Service (this “TOS”). Palatial may, at its discretion, update this TOS at any time, and depending on where you reside, we may require your further consent to any updates to this TOS. You can access and review the most current version of this TOS at the URL for this page or by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Palatial.

PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.

THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 15 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.

If you are entering into this TOS, you represent and warrant that you: (i) are of legal age to form a binding contract; (ii) have the capacity to agree to and abide by this TOS; and (iii) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18 OR THE LOWEST AGE PERMITTED BY APPLICABLE LAW, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA TO OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS, YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR NO YOUNGER THAN THE LOWEST AGE PERMITTED BY APPLICABLE LAW.

IF YOU ARE ENTERING INTO THIS TOS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THIS TOS, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MAY NOT ACCESS OR USE THE SERVICES.

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Rights To The Services

a) License to the Services. Subject to and conditioned on your compliance with this TOS (including as set forth in Sections 2(c) and 3(c)), Palatial hereby grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license solely to use the Services. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Palatial.

b) Responsibility for Content.

All information, data (including information received or provided by you through your use of the Services), text, documents, artworks, blueprints, images, photos, audio files, and other materials accessible through the Services (“Content”) are the sole responsibility of the party from whom such Content originated. You acknowledge and agree that: (1) the Services may provide access to and/or rely on Content from third parties, and such third parties, and not Palatial, are entirely responsible for such Content; (2) you, and not Palatial, are entirely responsible for all Content that you submit, upload, email, transmit, or otherwise make available through the Services or to Palatial (“User Content”) and you shall ensure the accuracy, completeness, and integrity of the User Content; and (3) you are solely responsible for giving all required notices and obtaining all necessary consents, including all necessary rights and consents relating to privacy and personal likeness, before submitting User Content through or to the Services or Palatial.
You further hereby represent, warrant and covenant that (1) you have all rights and licenses necessary to make available, submit, provide, and transfer all User Content for Palatial to exercise its rights granted and fulfill its obligations set forth herein, including as necessary for Palatial to process, use, make available, distribute, or otherwise exploit any User Content, and (2) your submission of any User Content to Palatial will not violate this TOS, any Palatial usage guidelines or other policies, or any laws applicable to such User Content, including without limitation intellectual property laws and any privacy or personal likeness laws governing any personal or sensitive information contained in any User Content.

c) Accounts. To access and use the Services, you will need to create an account with Palatial (an “Account”). Palatial may request further information from you, including personally identifiable information, in order to create and authenticate your Account. You may not share access to your Account with anyone. You are fully responsible for all activities that occur under your Account, even if such activities were not authorized by you. You agree to notify Palatial immediately of any unauthorized use of your Account or any other breach of security. If your Account remains inactive for three months or longer, Palatial reserves the right to suspend or terminate your Account, with or without notice to you, and delete your information and User Content without liability.

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Privacy Policy

In addition to this TOS, the Palatial Privacy Policy, available at https://www.palatialxr.com/privacy-policy, (“Privacy Policy”) applies to how Palatial may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Palatial may receive certain information about you, including personal data, as set forth in the Privacy Policy, and Palatial may collect, use, disclose, store, share, transfer and process such personal data in accordance with such Privacy Policy, which may be amended from time-to-time.

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Proprietary Rights

a) License to Content You Upload. You hereby grant Palatial and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made all User Content (in any form and any medium, whether now known or later developed) that you provide in connection with the Services. For the avoidance of doubt, the foregoing shall include the right for Palatial to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made models, visualizations, images, environments and similar works derived or created from or based on User Content you upload to the Services (each, a “Visualization”) subject only to Palatial’s confidentiality obligations set forth in Section 6. You acknowledge and agree that the technical processing and transmission of data associated with the Services may require: (i) transmission over and storage in various networks and across borders; (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices; and (iii) transmission and use by any Third-Party Services (as defined below).

b) Ownership of the Services. The Services provided to you hereunder or any product or service available to you through the Services are licensed, not sold or assigned, and Palatial retains and reserves all rights not expressly granted in this TOS. You acknowledge and agree that, as between you and Palatial, Palatial and its licensors own all right, title, and interest (including all intellectual property rights) in the Services and all data, content, code, artwork, blueprints and other materials within the Services and derived thereof, including any Visualizations. The Services are protected by U.S. and international copyright and other intellectual property laws and treaties.

c) License to Visualizations. Subject to and conditioned on your compliance with this TOS, Palatial hereby grants you a limited, revocable, worldwide, royalty-free, fully-paid-up, non-exclusive, non-sublicensable, non-transferable license to use, reproduce, display, and distribute the Visualizations in the manner designated by Palatial in its sole discretion or mutually agreed to by you and Palatial. For example and without limitation, Palatial may restrict you from publicly displaying any Visualizations, making any Visualization available to any third party except through individualized URL links, downloading any Visualization for use outside of the Services, or the like. Unless otherwise restricted by Palatial, you may post or make available any Visualization, including any copies, screenshots, or other duplicates thereof, to the Palatial Forum (as defined below).

d) Palatial Forum. As a part of the Services, Palatial may host or oversee a chat forum, message board, or other similar feature, including through platforms such as Discord (the “Palatial Forum”), for you to post or make available any information, comments, User Content and Visualizations. Palatial reserves the right to collect, use, reproduce, display, or otherwise distribute any information, comments, User Content or Visualization you post to or make available through the Palatial Forum. As further set forth in Section 6(d), if you post any User Content or Visualization in the Palatial Forum, Palatial may use that Visualization in Palatial’s marketing and advertising.

e) Aggregated Data. Notwithstanding anything to the contrary, Palatial shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning User Content and data derived therefrom) (“Aggregated Data”), and Palatial will be free (during and after the Term) to (i) use Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Palatial products and services, and (ii) disclose Aggregated Data solely in de-identified form in connection with Palatial’s business, products and services. Palatial shall own all right, title, and interest in and to the Aggregated Data. Palatial may use or make available any Aggregated Data in connection with artificial intelligence or generative artificial intelligence products or services, including to train the underlying artificial intelligence models.

f) Trademarks. Except as expressly authorized herein, you may not use “Palatial” or any of Palatial’s names, brands, trademarks, service marks or logos that Palatial makes available on the Services (“Marks”). Palatial claims trademark protection over all such Marks. You will not remove or alter the Marks or any proprietary notices on or within the Services, including as contained or displayed in any Visualization. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Palatial. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use will inure to Palatial’s benefit.

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User Conduct and Restrictions

a) Prohibited Conduct. In your use of the Services, you will not:

use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer or otherwise grant rights to the Services or any Visualization, except as expressly permitted under this TOS;
reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, or data records, within or associated with the Services;
interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;
provide use of the Services on a service bureau, rental, or managed services basis, provide, or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device;
access the Services for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Services;
violate any applicable local, state, provincial, federal, or international law or regulation, or use the Services for any illegal, unauthorized, or otherwise improper purposes, including to store or transmit malicious code, or to store or transmit material in violation of third-party privacy rights;
remove or obscure any proprietary notice that appears within the Services;
impersonate any person or entity, including Palatial personnel, or falsely state or otherwise misrepresent your affiliation with Palatial, or any other entity or person;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;
use spiders, crawlers, robots, scrapers, automated tools, or any other similar means to access the Services; or
or download, reproduce, or archive any substantial portion of the Services.

b) Prohibited Content. You will not upload, submit, post, email, store, transmit, or otherwise make available, including through any Palatial Platform, any User Content that:

is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, hateful, discriminatory, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
contains nudity, politically or racially motivated material, explicitly violent or sexual material, or depictions of violent, hateful, discriminatory or sexual acts;
may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
infringes, misappropriates, or otherwise violates any patent, trademark, trade secret, copyright, or other proprietary right of any person;
violates any person’s privacy, likeness, publicity, personality, or similar rights;
consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
contains software viruses or any other code, files or programs designed to interrupt, destroy, or limit the functionality of any software or hardware;
contains infringing, libelous, or otherwise unlawful or tortious material; or
consists of information that you know or have reason to know is false or inaccurate.

c) Enforcement. Palatial shall have sole discretion and control over (i) moderating and removing any Content, including in any Palatial Forum and including User Content, and (ii) determining whether any Content violates this TOS or any guidelines set forth by Palatial or otherwise. Palatial’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by Palatial, and does not create a private right of action for any other party.

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Confidentiality

a) Confidential Information. “Confidential Information” shall mean all information identified in good faith by either party as being confidential or proprietary, or information that, under the circumstances, a reasonable person would assume to be confidential or proprietary. Confidential Information shall include research, product plans, products, services, customers, customer lists, markets, software, developments, processes, formulas, technology, designs, drawings, engineering, blueprints, hardware configuration information, marketing, finances, or other business information provided by either party. Confidential Information may include third party information as to which the disclosing party has an obligation of confidentiality. All User Content you provide shall be considered your Confidential Information.

b) Exceptions. Confidential Information shall not include information that: (a) can be demonstrated to have been publicly known at the time of the disclosing party’s disclosure of such Confidential Information to the receiving party; (b) becomes part of the public domain or publicly known, by publication or otherwise, not due to any unauthorized act or omission by the receiving party; (c) can be demonstrated to have been independently developed or acquired by the receiving party without reference to or reliance upon such Confidential Information; (d) is provided to the receiving party by a third party who is under no obligation to the disclosing party to keep the information confidential; or (e) is required to be disclosed by law, provided, however, that the receiving party shall take reasonable actions to minimize such disclosure and promptly notify the disclosing party, to the extent permitted by law, so that the disclosing party may take lawful actions to avoid or minimize such disclosure

c) Obligations. Each party agrees that it will use the Confidential Information provided by the other party only as necessary to exercise its rights and discharge its obligations under this Agreement and for no other purpose without the prior written consent of the disclosing party. Neither party shall disclose to a third-party Confidential Information of the other party. To maintain in confidence the Confidential Information of the disclosing party, the receiving party shall use the same degree of care as it uses to protect the confidentiality of its own Confidential Information of like nature, but no less than a reasonable degree of care.

d) Confidentiality of Any Content. Palatial hereby represents and warrants that Palatial shall not publicly perform, publicly display, or otherwise publicly distribute any Visualizations without your prior consent, including for any marketing or advertising purposes. For the avoidance of doubt, if you post or make available any Visualization in a Palatial Forum or otherwise publicly perform, display or distribute a Visualization, such posting, performance, display or distribution shall be considered sufficient prior consent for purposes of this Section.

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Feedback

If you elect to provide or make available to Palatial any suggestions, comments, ideas, improvements or other feedback relating to the Services as provided through the Services or otherwise (“Feedback”), Palatial shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.

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Fees

a) Payment. Your purchase is final. You shall pay all agreed upon fees for all products or features ordered through the Services as set forth in the order confirmation page (“Fees”) in accordance with the terms set forth herein and any additional terms set forth on the Services.

b) Subscriptions. If you are accessing the Services pursuant to a monthly, annual or other subscription (each, a “Subscription”), any termination of this TOS prior to the end of the current billing period will take effect at the end of the current billing period. If you do cancel your Subscription, you will continue to have access to the relevant portions of the Services through the end of your billing period. You must cancel your Subscription prior to 11:59 p.m. UTC on the day before your next recurring billing date in order to avoid being charged for the next billing period. If you do not timely cancel your Subscription, your Subscription will be renewed at the price in effect at the time of renewal or the price provided in the terms of your trial or promotion, without any additional action by you, and you authorize us to charge your payment method for such amounts. To cancel a Subscription, use the Dashboard interface, or reach out to Palatial at support@palatialxr.com.‍

c) Payment Terms and Third Party Providers. All payments will be made in United States dollars and are non-refundable. You hereby (i) acknowledge and agree that Palatial uses or may use a third party payment provider in connection with its collection of Fees, (ii) acknowledge and agree that Palatial will not be responsible for any payments as a result of your failure to provide up-to-date and accurate information to any such third party payment provider, and (iii) acknowledge and authorize Palatial and its third-party payment processors to charge all Fees to your chosen payment method.

d) Late Payments. If you fail to pay any past due invoice, Palatial may revoke or suspend the Services until such time as you bring your account completely current. Palatial may charge interest on all past due invoices at a rate of 1.5% per month or the highest rate allowed by applicable law, whichever is lower.

e) Taxes. All Fees exclude any and all taxes and similar fees now in force, enacted or imposed in the future on the transaction, delivery of the Services, including any sales, use or value added taxes, goods and services tax, consumption tax, customs duties or similar charges, but excluding withholding taxes and taxes solely based on Palatial's net income, and you shall be responsible for payment of all such taxes, duties and charges, and any related penalties and interest arising from the payment of such amounts.

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Dealings with Advertisers and Other Third Parties

THE SERVICES MAY INCLUDE, INCORPORATE OR PROVIDE ACCESS TO THIRD-PARTY PRODUCTS, SERVICES, CONTENT, DATA, OR OTHER OFFERINGS, INCLUDING EPIC GAMES, INC.’S UNREAL ENGINE TOOL (“THIRD-PARTY SERVICES”). YOU ACKNOWLEDGE THAT DIFFERENT TERMS OF USE AND PRIVACY POLICIES MAY APPLY TO YOUR USE OF SUCH THIRD-PARTY SERVICES AND THAT SUCH TERMS AND POLICIES ARE SOLELY BETWEEN YOU AND THE OTHER THIRD PARTY. YOU AGREE THAT PALATIAL DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY ISSUES RELATED TO THIRD-PARTY SERVICES.

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Indemnification

You shall indemnify and hold Palatial and its affiliates, and each of their officers, directors, members, managers, employees, agents, partners and licensors (collectively, “Palatial Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to extent resulting from or arising out of any third-party claim, demand, or action due to (i) User Content you provide to Palatial; (ii) your violation of this TOS, any law or regulation, or any rights (including intellectual property or privacy rights) of another party; or (iii) your use of the Services, except as expressly permitted in this TOS.

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Disclaimer of Warranties

a) General Disclaimer. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PALATIAL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

b) No Implied Representations and Warranties. THE PALATIAL PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; OR (iii) THE CONTENT THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE.

c) Non-Reliance. ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION. YOU SHOULD NOT RELY ON THE SERVICES AND YOU SHOULD NOT USE THE SERVICES FOR ADVICE OF ANY KIND.

d) Disclaimer Limitation. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS TOS (UNLESS SUCH LAW PROVIDES OTHERWISE).

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Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PALATIAL PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, OR COST OF COVER, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE PALATIAL PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. EXCEPT AS SET FORTH IN SECTION 12(b), IN NO EVENT SHALL THE PALATIAL PARTIES’ TOTAL LIABILITY TO YOU EXCEED ONE-THOUSAND DOLLARS ($1,000). THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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Beta Services

a) Beta Services Disclaimer. AS FURTHER SET FORTH IN SECTION 10, ALL PALATIAL SERVICES LABELED ALPHA, BETA, PRE-RELEASE, TRIAL, PREVIEW OR SIMILARLY (“Beta Services”) ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS, AND CUSTOMER’S USE OF SUCH BETA SERVICES IS AT ITS SOLE RISK AND PALATIAL DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS OF ANY KIND. Palatial has no obligations in connection with or in the course of providing the Beta Services. Any expectations and estimates regarding Beta Services are based on factors currently known and actual events or results could differ materially. Palatial does not assume any obligation to update any Beta Services. In addition, any information about Palatial’s roadmap outlines Palatial’s general product direction and is subject to change at any time without notice. It is for informational purposes only and shall not be incorporated into this TOS or any contract or other commitment. Palatial undertakes no obligation either to develop the features or functionality provided in the Beta Services, or to include any such feature or functionality in a future release of the Services. You expressly acknowledge that the Beta Services have not been fully tested and may contain defects or deficiencies which may not be corrected by Palatial. The Beta Services may undergo significant changes prior to release of the corresponding generally available final version.

b) Beta Services Liability Waiver. NOTWITHSTANDING SECTION 10(d), WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, PALATIAL’S LIABILITY AND THAT OF ITS SUPPLIERS AND AUTHORIZED PARTNERS SHALL BE LIMITED TO THE SUM OF ONE HUNDRED DOLLARS ($100) FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE BETA SERVICES.

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Suspension and Termination

a) Termination for Convenience. Either party may terminate this TOS at any time. To terminate this agreement, reach out to Palatial at support@palatialxr.com.

b) Termination or Suspension for Cause. If you violate this TOS, Palatial may, with or without notice to you, immediately suspend, or terminate your access and use of the Services without any liability to you.

c) Right to Modify Services. Palatial reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and Palatial shall not be liable to you or any third party for any such modification or discontinuance;

d) Effect of Termination; Survival. Upon termination of this TOS for any reason: (i) Palatial, in its sole discretion, may remove and discard User Content and other information; (ii) you will immediately cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive the expiration or termination of this TOS shall survive such expiration or termination. Further, you agree that Palatial shall not be liable to you or any third party for any termination of your Account or access to the Services.

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Governing Law

This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of Delaware, without regard to conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to this TOS, regardless of the states in which the parties do business or are incorporated.

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Binding Arbitration and Class Action Waiver

a) Binding Arbitration. ALL CLAIMS ARISING IN CONNECTION WITH THIS TOS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $25,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.

b) Arbitration Procedure. The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in New Castle County, Delaware, or if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.

c) Class Action Waiver. WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN NEW CASTLE COUNTY, DELAWARE. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.

d) Injunctive Relief. Notwithstanding anything to the contrary, either party may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 15.

e) Effect of Changes. If Palatial implements any material change to this Section 15, such change shall not apply to any Claim for which you provided written notice to Palatial before the implementation of the change.

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Legal Compliance

You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules and regulations, including without limitation, U.S. export laws and import and use laws of the country where the Services are delivered or used and that you are not: (i) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (ii) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.

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U.S. Government Entities

This section applies to access to or use of the Services by a branch or agency of the United States government. The Services includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. § 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. § 2.101. Such items are provided to the United States government: (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. § 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. §§ 227.7202-1 and 227.7202-3. The United States government shall acquire only those rights set forth in this TOS with respect to the such items, and any access to or use of the Services by the United States government constitutes: (a) agreement by the United States government that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (b) acceptance of the rights and obligations herein.

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Procedure for Making Claims of Copyright or Trademark Infringement

If you believe that your work has been made available through the Services in a way that constitutes copyright infringement please provide Palatial’s Agent for Notice of Copyright Claims the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) a description of the material that you claim is infringing and where that material may be accessed within the Services; (iv) your address, telephone number and email address; (v) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Palatial’s Agent for Notice of Copyright Claims. Palatial’s Agent for Notice of Copyright Claims can be reached as follows:

Phone Number: 1-888-612-0030
Email: copyright@palatialxr.com

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California Users & Residents

In accordance with California Civil Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

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General Provisions

This TOS constitutes the entire agreement between you and Palatial concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Palatial with respect to such subject matter. In the event of any conflict between or among this TOS and any other agreement, privacy policy, or usage guidelines to which this TOS refers, the terms and conditions of this TOS shall take precedence and govern. This TOS may not be amended by you except in a writing executed by you and an authorized representative of Palatial. You hereby consent and authorize Palatial to contact and communicate with you through electronic means, including through email. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For the purposes of this TOS, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Palatial. The failure of Palatial to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of this TOS. Any prevention of or delay in performance by Palatial hereunder due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.