Terms of Use

Please carefully review the following website terms of use ("TERMS") prior to using this site. By clicking "accept" or accessing or using our sites (defined below), you consent to these terms. If you do not agree to these terms, please refrain from using our sites.

The following Terms govern your use of the websites, developer portals, forums, customer resources, and similar online services accessible at wigain.com or our affiliated online properties that link to these Terms (collectively, the "Sites").

The Sites are managed by Hong Kong Wigain Technology Co., Limited ("Wigain" or "we"). Our organization address: Room 5003, Floor 5, Yau Lee Centre, 45 Hoi Yuen Road, Kwun Tong.Kowloon, Hongkong.

Please send an email to support@wigain.com to reach us.

These Terms constitute a legally binding agreement between you and Wigan. Suppose you are an individual who is using the Site on behalf of an entity. In that case, you represent and warrant that you have the legal authority to bind the entity to these Terms and that the entity agrees to be responsible to Wigain in the event that you violate these Terms.

With the exception of the preceding sentence, the term "you" in these Terms refers to both an individual and a legal entity. Suppose you are adopting these Terms on behalf of an entity. In that case, you acknowledge that the entity is accountable for the actions and inactions of its employees and contractors who access and utilize the Site in pursuance of their employment with the entity.

These Terms do not modify the terms or conditions of any other license or agreement that you may have with Wigain, such as the software license agreement that governs the use of our augmented reality devices or any related operating system software, software development kits (SDKs), developer tools, or similar technology. All such licenses will be presented to you separately for review and acceptance at the time of download, installation, or initial use of the aforementioned products and services.

1. Modifications

Wigain retains the right to modify these Terms at any time. In the event that Wigain modifies these Terms, we will give you notice of the changes by sending an email, posting a notice on our Sites, or updating the date at the top of these Terms. The amended Terms will be effective immediately unless we specify otherwise. Your continuous use of the Sites will confirm your acceptance of the revised Terms.

We recommend that you frequently examine the Terms to guarantee that you comprehend the terms and conditions that govern your use of the Sites. If you are not in agreement with the revised Terms, you must cease using the Sites. Termination of your account or the right to use the Sites may be one of the consequences of any use of the Sites in violation of these Terms.

2. Protection of privacy

The Privacy Policy of Wigain outlines the manner in which Wigain collects, uses, and discloses information about you. Please carefully review Wigain's Privacy Policy to gain a comprehensive understanding of the ways in which Wigain collects, processes, and shares information about you.

3. Materials Ownership

The Sites and all content and other materials on the Sites, including, without limitation, Wigain's name, trademarks, logos, taglines, product names, and service names, as well as all product documentation, learning resources, customer care articles, artwork, designs, text, graphics, pictures, information, data, software, sound files, page headers, button icons, scripts, and other files, and the selection, arrangement, and "look and feel" thereof (collectively, the "Site Materials"), are the property of Wigain or its licensors and are protected by Chinese and international trademark, copyright, patent, and other intellectual property and unfair competition laws. All such rights are reserved.

4. Utilization of the Site and Site Materials

Wigain authorizes you to access and utilize the Site Materials exclusively for the following authorized purposes: (i) for informational purposes solely to gain knowledge about Wigain and its products and services, (ii) to purchase products or services sold by Wigain through the Sites, and (iii) to assist in the development of applications that operate on Wigain's devices and benefit from Wigain's products and services.

You are prohibited from performing (attempting to perform), or permitting a third party to perform, any of the following:

• (a) use or interfere with the Sites in a manner that could disrupt, interfere with, or adversely impact others or our ability to provide the Sites or Site Materials;
• (b) employ our Sites or Site Materials for any unlawful or unauthorized purpose;
• (c) employ any technology or other method that we have not authorized to access our Sites or Site Materials or to extract data;
• (d) endeavor to acquire unauthorized access to any portion of the Sites, including by attempting to circumvent any restrictions;
• (e) endeavor to decipher, decompile, reverse engineer, disassemble, reproduce, modify, copy, distribute, publicly perform, publicly display, or create derivative works of the Sites, any functionality included within the Sites or the Site Materials, or the source code of the software used to provide the Sites or any functionality included within the Sites (except as and only to the extent permitted by applicable law);
• (f) introduce any software code, viruses, trojan horses, malware, spyware, adware, or other disruptive software into the Sites or the functionality included within the Sites with the intention of disrupting, damaging, hacking into, or performing unauthorized actions on a computer system;
• (g) exceed any applicable technical or capacity limitations by utilizing our Sites or the functionality contained within them;
• (h) remove or modify any proprietary notices or markings that are present on or in the Sites or the Site Materials;
• (i) violate the rights of Wigain, our licensors, other users, or any third party; or
• (j) utilize the Sites or the Site Materials for purposes other than their intended use.

It is expressly prohibited to use the Sites or the Site Materials in any manner other than as specifically authorized herein without Wigain's prior written permission in each instance. Any unauthorized use of the Sites or Site Materials may violate applicable laws, including but not limited to copyright and trademark laws, as well as applicable communications regulations and statutes. These Terms shall not be interpreted as granting any license to intellectual property rights, whether by estoppel, implication, or otherwise unless explicitly expressed herein or elsewhere on the Sites.

5. Creation of an account

It may be necessary to create an account in order to access and utilize specific areas or features of our Sites. To access, use, or register for an account on the Sites, you must be at least 18 years of age.

By creating an account, you consent to the following: (a) furnishing Wigain with accurate, current, and comprehensive information; (b) ensuring that your account information is maintained and updated as necessary; (c) safeguarding the security of your account credentials; (d) refraining from disclosing your account credentials to others; and (e) informing Wigain of any suspected unauthorized use of your account.

We reserve the right to suspend, disable, or terminate your account if, in our reasonable opinion, you have failed to comply with any of these Terms. We reserve the right to reject, reclaim, or recycle user names or IDs in the event that a trademark owner complains that your selected user name is confusingly similar to its trademark and does not closely relate to your actual name. You will not be able to establish a new account without our prior written consent if Wigain deactivates your account.

Our Sites may include features that allow you to engage with others, such as messaging or forum features. You are accountable for the interactions you have with others on our Sites. You acknowledge that you are prohibited from posting, transmitting, uploading, or otherwise publishing any materials that are (a) abusive, obscene, invasive of privacy or publicity rights, pornographic, offensive, or threatening; (b) infringe upon any intellectual property or proprietary right of a third party; (c) illegal or promote illegal behavior; (d) impersonate a person or entity or misrepresent your affiliation with an organization; (e) off-topic or constitutes unsolicited promotions, political campaigning, advertising, or spam; (f) contain a virus or harmful component; and/or (g) are otherwise harmful or may expose Wigain or its users to liability.

You are prohibited from utilizing the interactive features of our Sites to generate, receive, store, or transmit sensitive or regulated data, including protected health information (as defined by applicable law) and other sensitive data that is subject to similar legal frameworks.

6. Guidelines for Interactive Features

We are not obligated to monitor or assess interactive portions of our Sites, despite the fact that Wigain may do so. This Section does not establish any private right of action on the part of any third party or any reasonable expectation that the Sites will not contain any content that is prohibited by such regulations.

Wigain is not liable for any liability that may arise from your interactions with other users or your use of content provided by other users of our Sites. We have not verified or approved the information or materials, and any opinions or values expressed by other users on the Sites do not reflect Wigain's. Your interactions with other users and the use of any content provided by them are entirely at your own risk.

We reserve the right to remove content from our Site that we believe infringes upon these Terms. We also reserve the right to disclose your identity to any third party who alleges that any content posted or uploaded by you to our Sites violates their intellectual property rights or their right to privacy.

7. Content Contributed to Interactive Features

You are only permitted to upload or submit content to interactive portions of our Sites if you possess the right to share it on the Sites in accordance with these Terms or if you own or control the content that has been posted. The content that is posted to interactive sections of our websites is not confidential.

By posting any content on the Sites, you grant Wigain and its subsidiaries and affiliates a royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publicly display, publicly perform, store, and distribute any content you upload or submit. This license is necessary for Wigain to operate, provide, and facilitate the interactive features of our Site.

You retain all of your ownership rights in your content. We will make a reasonable effort to remove your content from public view on the Sites if you remove or eliminate it from our Site (to the extent enabled by our functionality). Your posted content is not the responsibility of Wigain to back up or secure.

8. Response

By providing Wigain with questions, comments, suggestions, ideas, or any other form of feedback regarding our products and services, you are granting Wigain the right to use and exploit that feedback for any purpose, including the incorporation of that feedback into our products and services, without any payment or other consideration. Wigan may consider the feedback you provide to be non-confidential.

9. Materials from a third party

Wigan may provide information about third-party content, products, or services on the Sites, conduct third-party advertisements or promotions on the Sites, or make certain third-party content available through our Sites (collectively, "Third-Party Materials"). Additional terms and conditions of the third party may apply to your use of Third-Party Materials.

Wigain is not responsible or liable for any loss or damage you may incur as a result of your use of any Third Party Materials, and you acknowledge and agree that your use of such materials is at your own risk. Additionally, our websites may include hyperlinks or offer access to third-party websites or online services.

We are not responsible for the content on any third-party service or any link contained in a third-party service, as those services are not under our control. We are not obligated to review, approve, monitor, endorse, move, remove, warrant, or make any representations with respect to third-party services; these links are provided solely for convenience.

10. Disclaimer of Warranties

You understand and agree that to the extent permitted by applicable law, wigain is providing the sites and the site materials on an "As is" Basis for use at your own risk. Wigain disclaims all warranties with respect to the sites and the site materials, whether express, implied, statutory or otherwise, including, without limitation, any warranties of non-infringement, merchantability, fitness for a particular purpose, and accuracy.

Wigain does not warrant that your use of the sites will be uninterrupted, error-free, virus-free or secure. Wigain also makes no representations or warranties on behalf of any of wigain's licensors. Some jurisdictions do not allow the exclusion of certain warranties, representations or conditions, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so some of the above limitations may not apply in full to you.

11. Liability Restrictions

To the fullest extent permitted by applicable law:

• (a) in no event shall wigain and its subsidiaries, parent companies and affiliates and each of their directors, employees or agents (individually and collectively, the "Wigain parties") be liable to you or any third party for any special, indirect, incidental, or consequential damages, including but not limited to loss of use, loss of profits or loss of data, under any theory of liability, whether in an action in contract, tort (including but not limited to negligence) or otherwise, for any cause of action, legal claim, or other dispute between you and a wigain party arising out of or in any way connected with these terms or your use of or inability to use the sites or the site materials, including, without limitation, any damages caused by or resulting from your reliance on any information obtained from wigain, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to wigain's records, programs or services;
• (b) in no event shall the aggregate liability of the wigain parties, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to these site terms or your use of or inability to use the sites or the site materials, exceed any compensation you pay, if any, to wigain for access to or use of the sites. The foregoing limitations of liability apply to the fullest extent allowed by applicable law, even if any remedy fails its essential purpose. The limitations of damages set forth above are fundamental elements of the basis of the bargain between wigain and you.

12. Compensation

You agree to indemnify, defend, and hold the Wigain Parties harmless from and against any losses, liabilities, claims, demands, damages, expenses, or costs ("Claims") that arise out of or are related to (a) your access to or use of the Sites; (b) any materials you have posted, transmitted, uploaded, or otherwise published to the Sites (including Claims that such materials violate third party intellectual property rights or privacy rights);

(c) your violation of these Terms; or (d) your fraud or fraudulent misrepresentation, intentional misconduct, or gross negligence. You accept the obligation to promptly notify Wigain of any third-party Claims, assist Wigain Parties in the defense of such Claims, and pay all fees, costs, and expenses associated with the defense of such Claims, including attorneys' fees. You also acknowledge that the Wigain Parties will have the sole discretion to determine whether to defend or resolve any third-party Claims. This indemnity is in addition to, and not in place of, any other indemnities that are outlined in a written agreement between you and Wigain or the other Wigain Parties.

13. Complaints Regarding Intellectual Property

If you believe that any content on our Sites infringes on any copyright that you own or control, or if you wish to bring a similar issue to our attention, you may contact our Designated Agent by email: marketing@wigain.com

14. Dispute Resolution and the Rule of Law

The laws of the People's Republic of China will govern these Terms. The courts located in Hangzhou, Zhejiang Province, China, shall have exclusive jurisdiction over any disputes that arise out of or relate to these Terms.

15. Termination

Suppose Wigain reasonably believes that you violate these Terms. In that case, Wigain reserves the right to terminate, suspend, or deactivate your access to the Sites or the Site Materials without notice and at its sole discretion.

Wigan also retains the right to terminate, modify, suspend, or discontinue the Sites or the Site Materials, or any portion thereof, at any time. You acknowledge that Wigain shall not be held accountable to you or any third party for the termination, modification, suspension, or discontinuation of the Sites, the Site Materials, or any portion thereof.

16. Communication

You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications must be in writing.

You, therefore, consent to receive communications from us regarding your account in an electronic format, whether through email, posting on our Sites, or other reasonable methods. If you have any inquiries regarding this matter, please do not hesitate to contact marketing@wigain.com

17. Connecting to our Websites

You are permitted to establish links to our websites, provided that you do so in a manner that is both lawful and equitable and that does not undermine our reputation or exploit it. You are prohibited from establishing a link in a manner that implies any form of association, sanction, or endorsement on our part when none exists.

A link to our Sites must not be established on any website that you do not own. Our websites are prohibited from being framed on any other website. We reserve the right to revoke linking permission without prior notification. The website to which you are linking must adhere to all relevant laws. Please contact support@wigain.com if you wish to link to or utilize any content on our Sites that is not specified above.

18. Additional Critical Terms

You acknowledge that you will adhere to all relevant statutes in relation to your use of the Site Materials and your access to the Sites. Without Wigain's prior written consent, you are prohibited from transferring, assigning, or delegating these Terms or your rights or obligations under them, whether by operation of law or otherwise.

Any attempted assignment or delegation that violates the aforementioned is null and void. These Terms are binding on any permitted successors or assigns, and you are required to provide them to any permitted assignee. If, for any reason, a court of competent jurisdiction determines that any provision of these Terms is unlawful, void, or unenforceable, that provision or a portion of it is considered severable from these Terms.

The intent of the parties will be effected to the fullest extent possible by the continuation of the remainder of these Terms. These Terms are the full agreement between you and Wigain regarding your use of the Site and the Site Materials and supersede any prior representation or agreement, whether oral or written.