PebbleXR Terms of Service

Updated: October 23, 2020

1. Terms

Welcome to PebbleXR. PebbleXR is a real-world augmented reality platform (“Platform” or “Product”). Please read these PebbleXR Terms of Service and any applicable guidelines (the “Guidelines” and, collectively, “the Terms”).

If you live in the United States, these Terms are entered into between you and “PebbleXR” (In these terms PebbleXR refers to the Platform, Service, as well as Here Design Studio, LLC or Here LA). By using the Services, you are agreeing to these Terms. If you don’t agree to these Terms, you may not use the Services. PebbleXR may modify these Terms at any time, and we will notify you by posting the modified Terms on the Site or in the App. It’s important that you review any modified Terms before you continue using the Services. If you continue to use the Services, you are bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services.

SECTION 13 “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS. 

If you breach these Terms we may take action against you. 

2. Privacy

Our Services are designed to enable you to interact with augmented reality in the real world. To provide the Services, we need information about you, and we only use your information where we have a legal basis to do so.

3. Use of the Service

3.1 Safe and Appropriate Use

While you are using our Service, be aware of your surroundings and move and operate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, policy, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.  Further, you agree that in conjunction with your use of the Services you will not make available any unlawful, inappropriate, or commercial Content.

3.2 Your Interactions with Other People

You agree that in conjunction with your use of the Services, you will maintain safe and appropriate contact with people in the real world. You will not harass, threaten or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. 

If you have a dispute with any third party relating to your use of Services, you release PebbleXR (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

3.3 Who May Use Our Services

Unless stated otherwise for a particular Service, children are not allowed to use the Services. A “Child” is a person (a) under 16 years old.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, PebbleXR DECLINES ANY RESPONSIBILITY REGARDING ANY ACTIVITIES CONDUCTED BY A CHILD WITH OR WITHOUT THE PERMISSION OF A PARENT. 

4 Limited License to Use

Subject to your compliance with these Terms, PebbleXR grants you a limited, nonexclusive, nontransferable, non-sublicenseable license to view a copy of the Product on your mobile device. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Product; (b) distribute, transfer, sublicense, lease, lend, or rent the Product; to any third party; (c) reverse engineer, decompile, or disassemble the Product; or (d) make the functionality of the Product available to multiple users through any means. PebbleXR reserves all rights in and to the Product not expressly granted to you under these Terms.

5 Content and Content Rights

Subject to your compliance with these Terms, PebbleXR grants you a personal, noncommercial, nonexclusive, nontransferable, nonsublicensable, revocable, limited license to view, display, and use the Content solely for your permitted use within the Services. “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, communications, interactive features, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available through the Services.

5.1 Feedback

You can submit feedback, comments, and suggestions for improvements to the Services (“Feedback“) by reaching out to us at hello@here.la. Feedback is a form of User Content.

5.2 Copyright

PebbleXR respects copyright law and expects its users to do the same.

6 Conduct, General Prohibitions, and PebbleXR’s Enforcement Rights

You agree that you are responsible for your own conduct while using the Services, and for any consequences thereof. In addition, you agree not to do any of the following, unless applicable law mandates that you be given the right to do so:

• extract, scrape, or index the Services or Content
• use the Services or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms.
• attempt to access or search the Services or Content or download Content from the Services through the use of any technology or means other than those provided by PebbleXR or other generally available third party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
• bypass, remove, deactivate, descramble, or otherwise circumvent any technological measure implemented by PebbleXR or any of PebbleXR’s providers or any other third party (including another user) to protect the Services or Content;
• use, display, mirror, or frame the Services or any individual element within the Services, PebbleXR’s name, any PebbleXR trademark, logo, or other proprietary information, or the layout and design of any page or App without PebbleXR’s express written consent;
• submit or transmit any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• access, tamper with, or use nonpublic areas of the Services, PebbleXR’s computer systems, or the technical delivery systems of PebbleXR’s providers;
• attempt to probe, scan, or test the vulnerability of any PebbleXR system or network or Service, or breach any security or authentication measures;
• use any meta tags or other hidden text or metadata utilizing a PebbleXR trademark, logo, URL, or product name without PebbleXR’s express written consent;
• in any way use the Services or Content to send altered, deceptive, or false source identifying information;
• interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Services;
• delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
• violate any applicable law or regulation; or
• encourage or enable any other individual to do any of the foregoing.

Although PebbleXR is not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right to remove or disable access to any Content, at any time and without notice. PebbleXR may remove any Content we consider to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICES, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF THE SITE OR APP, IS A BREACH OF PebbleXR’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

7. Third Party Websites or Resources

Services may contain links to third party websites or resources. PebbleXR provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from your use of any third party websites or resources.

PebbleXR is not responsible for the availability or quality of third party services, including cell phone networks, hotspots, wireless internet and other services. Such third party services may affect your ability to utilize the Services and you hereby waive and release PebbleXR and any other party involved in creating or delivering the Services from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.

8. Disclaimer of Warranties

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND CONTENT ARE 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 NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES 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 CONTENT.

9 Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER PebbleXR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, PHYSICAL INJURY, INCAPACITATION, OR DEATH, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PebbleXR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PebbleXR’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE THOUSAND DOLLARS ($1000), THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PebbleXR AND YOU.

10. Dispute Resolution

YOU AGREE THAT DISPUTES BETWEEN YOU AND PebbleXR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

THIS NOTICE DOES NOT APPLY: (1) IF YOU ARE A RESIDENT OF ANY JURISDICTION WHICH DOES NOT ALLOW THIS ARBITRATION AGREEMENT, (2) IF YOU OPT OUT OF ARBITRATION AS DESCRIBED IN THE “ARBITRATION” SECTION BELOW, OR (3) TO CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 13.1, “ARBITRATION,” BELOW.

10.1 Arbitration

If you live in the US or another jurisdiction which allows you to agree to arbitration, you and PebbleXR agree that any disputes will be settled by binding arbitration, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP Protection Action“). Notwithstanding this arbitration agreement, PebbleXR reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its IP, products, and Services.

Further, unless both you and PebbleXR otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this class action waiver is held unenforceable, then the parties’ agreement to arbitrate will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. If the terms of this Section 13.1 “Arbitration” are found unenforceable as to any claim for relief, that claim must be severed from the arbitration and brought pursuant to Section 13.6, “Governing Law and Exclusive Venue.” All other claims will be arbitrated. The arbitrator, and not any court or agency, shall have exclusive authority to (a) determine the scope and enforceability of this arbitration agreement and (b) resolve any dispute related to its interpretation, applicability, enforceability, or formation including any claim that all or any part of it is void or voidable.

10.2 Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

10.3 Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration) The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

10.4 Arbitration Location and Procedure

Unless you and PebbleXR otherwise agree, the arbitration will be conducted in a confidential manner, in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and PebbleXR submit to the arbitrator, and there will be no other discovery conducted (such as depositions), unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Notwithstanding the arbitrator’s discretion, absent a showing of good cause, in no event shall the parties be allowed more than three (3) depositions per side, and there will be no corporate deposition of the type contemplated by Federal Rule of Civil Procedure 30(b)(6) and California Code of Civil Procedure 2025.230.

10.5 Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will be treated as confidential, and will include the essential findings and conclusions upon which the arbitrator based the award. Confirmation and enforcement of the arbitration award may be done in any court of competent jurisdiction. The arbitrator’s award of damages must be consistent with the terms of Section 12 “Limitation of Liability” as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. PebbleXR will not seek, and hereby waives, all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.

10.6 Governing Law and Exclusive Venue

To the extent that these Terms allow you or PebbleXR to initiate litigation in a court, other than for small claims court actions, both you and PebbleXR agree to the exclusive jurisdiction of and venue in the state and federal courts located in the Southern District of California. Each of the parties hereto waives any objection to jurisdiction and venue in such courts. These Terms and your use of the Services are governed by the laws of the State of California, excluding its conflicts-of-law rules. If you are resident in a country in which this clause is prohibited by local law, this section does not apply to you, and does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your country.

10.7 Fees

Our responsibility to pay any AAA filing, administrative, and arbitrator fees will be solely as set forth in the AAA Rules.

10.8 Changes to Dispute Resolution

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if PebbleXR changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (by email to hello@here.la) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of PebbleXR’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and PebbleXR in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

11. General

11.1 Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between PebbleXR and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PebbleXR and you regarding the Services and Content.

11.2 Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without PebbleXR’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. PebbleXR may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

11.3 Force Majeure

Neither PebbleXR, any user, nor any other party involved in creating, producing, or delivering the Services or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute,or any other cause.

11.4 Notice

Any notices or other communications provided by PebbleXR under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you provided.

11.5 Waiver

PebbleXR’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PebbleXR. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

11.6 Contact Information

If you have any questions about these Terms or the Services, please contact PebbleXR at hello@here.la