Your use of the Pimax Products is governed by both the Pimax Terms of Service and these Supplemental Pimax Terms of Service, which together form an agreement between you and Pimax. By using Pimax Products, you agree to these Terms.

Regardless of whether you use a Pimax account or an Pimax account with the Pimax Products, the Pimax Store Terms apply to any order, download or purchase made through the Pimax Products (including free software and content), and if you place any such order or make any such purchase or download, you agree to such terms.

Our Supplemental Pimax Data Policy supplements the Pimax Data Policy, which together explain how we collect, use and share information when you use Pimax Products.

Pimax Products are intended solely for users who are aged 13 years or over. Any registration for, or use of, Pimax Products by anyone under the age of 13 years is unauthorised, unlicensed and in breach of these Pimax Terms. You certify that you are of the legal age of majority in the jurisdiction in which you reside or, if you are between the ages of 13 and the legal age of majority, that you are using the Pimax Products with the supervision of your parent or legal guardian who agrees to be bound by the Terms, and that you have reviewed the Terms with your parent or guardian so that you both understand all of your rights and obligations.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES THAT YOU HAVE AGAINST US OR OUR AFFILIATES ARISING OUT OF OR RELATED TO THESE PIMAX TERMS OR YOUR USE OF THE PIMAX PRODUCTS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION, AS FURTHER STATED BELOW. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

We offer virtual reality ("VR ") hardware and software products and operate a platform on which users can download, interact with and submit content and obtain services related to or in connection with our VR products. The Pimax Products include a variety of physical goods, platform services, software, websites, applications (including, without limitation, for mobile, PC and VR devices), games, virtual items and personalised experiences and content that allow you to access and immerse yourself in VR worlds and obtain services related to our products.

Your responsibility for your use of the Pimax Products. You may only use Pimax Products for personal non-commercial purposes subject to the Terms and any other terms made available by us relating to Pimax Products. Except to the extent that such restriction is prohibited under applicable law, you will not disassemble, decompile, reverse-engineer, decrypt or attempt to derive any code or extract software from, or, except to the extent expressly permitted by us, prepare derivative works based upon, distribute, license, sell, rent, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Pimax Products or any software, content or services made available on or through the Pimax Products, including Third-party Services (as defined below). You are also responsible for complying with all applicable laws when using Pimax Products, including providing any notice or obtaining any consents from other individuals who use or interact with your Pimax Products, including to the extent required under privacy or data protection laws.
Your responsibility for other users of your Pimax Product devices. Each person, including you, who uses your Pimax Product devices is referred to in these Pimax Terms as a user of such devices. You are responsible for the activities of all users of your Pimax Products and for their compliance with these Pimax Terms.
The Permissions You Give Us
Permission to use content that you create and share. We need certain permissions from you to provide Pimax Products. For the avoidance of doubt, the licence granted in section 3.3 of the Pimax Terms of Service includes content that you create, share, post or upload on or in connection with Pimax Products (consistent with applicable privacy settings. This means that, for example, if you create or upload videos using Pimax Products, you give us permission to store, copy and share them with others (again, consistent with your privacy settings), such as Pimax Products and Pimax Company Products, or service providers that support those products and services. This licence is solely for the purposes of providing and improving Pimax Products and services (including the Pimax Products) as described in Section 1 of the Pimax Terms of Service and in these Pimax Terms and will end when your content is deleted from our systems (as described in more detail in Section 3.3 of the Pimax Terms of Service).
Permission to update software you use or download. As stated in Section 3.3 of the Pimax Terms of Service, if you download or use our software, you give us permission to download and install updates to the software where available. For clarity, this right includes permission to download and install updates to software embedded on your device, including during device setup. If you use a Third-party Service, you understand and agree that we may install upgrades, updates and additional features for the Third-party Service.
Permission to use your name, profile picture and information about your actions with ads and sponsored content. You give us permission to use your name and profile picture and information about actions that you have taken in Pimax Products next to or in connection with ads, offers and other sponsored content that we display across our Pimax Products, without any compensation to you. Ads such as these can be seen only by people who have your permission to see the actions that you've taken in Pimax Products.
What You Can Share and Do on Pimax Products
Prohibitions and content removal. In addition to what is stated in Section 3.2 of the Pimax Terms of Service, you may not use Pimax Products to do or share anything that breaches or violates other terms and policies that apply to your use of Pimax Products. We, at our sole discretion, may remove, delete or restrict access to content that we determine to breach or violate such terms and policies, including content that infringes intellectual property rights (such as by infringing another's copyright or trademark, or distributing or selling counterfeit or pirated goods). We encourage you to report content or conduct that you believe breaches or violates your rights or our terms and policies. If you believe that anything on or available through the Pimax Products infringes upon any intellectual property rights that you own or control, you may submit a notification of such infringement with our Designated Agent as stated below:
  Designated Agent
  PIMAX INNOVATION CO., LIMITED
  RM 1902 EASEY COMM BLDG 253-261
  HENNESSY RD WANCHAI, HK
  Phone number: 021-50808628
  Email address: support@pimax.com
Permission to use. If we enable the use of Pimax Products consisting of software applications, content or virtual items ("Software and Content "), we hereby grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited right and licence to access, use and download (as permitted by the functionality of the Pimax Products) the Software and Content on devices that you own or control, solely for personal non-commercial purposes, conditioned on your compliance with the Terms. In order to maximise your enjoyment, safety and overall experience through Pimax Products, unless we have expressly stated otherwise in writing, the Pimax PC app may only be used with Pimax Product devices and other hardware devices we approve and with software developed using the Pimax PC Software Development Kit, as specified in the applicable Pimax SDK licence agreement. We also require that you use only the then-current version of the Software and Content. Any unauthorised use of the Pimax Products, including the Software and Content, is strictly prohibited and will cause the licence granted in these Pimax Terms to be terminated automatically. No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted to you herein.
Third-party Services. Pimax Products can be used to access software, applications, services, content and virtual items (including, but not limited to, third-party digital content, additional or enhanced functionality, or media content purchased through Pimax Products) provided by third parties ("Third-party Services"). In some cases, Pimax or its affiliates may distribute Third-party Services to you on behalf of the third party.
  Third-party Services may be subject to additional terms, conditions, fees and policies imposed by the third party (together, "Third-party Terms"). In the event that Third-party Terms conflict with the provisions of these Terms, these Terms will govern. You are responsible for complying with any applicable Third-party Terms, and we recommend that you review any applicable Third-party Terms before using Third-party Services. Your use of Third-party Services is at your own risk. We have no obligations or liability with respect to transactions that you enter into with a third party, your access to or use of any Third-party Services or any content or functionality therein, your rights to which are solely provided pursuant to a licence between you and the provider of such Third-party Services. In no event will Pimax or its affiliates be considered the licensor of Third-party Services, to have granted any rights to use Third-party Services, to have assumed any obligations (including support obligations) with respect to the Third-party Services or to have made any representations or warranties with respect to the Third-party Services. Pimax and its affiliates have no liability for any information that you provide or authorise us to provide to a provider of a Third-party Service, or for such third party's collection, use and disclosure of such information. If you are not presented with an end-user licence agreement when you acquire Third-party Services, the following licence terms apply to your use of such Third-party Services: (a) the third party providing the Third-party Services (and not Pimax or its affiliates) is the licensor of such Third-party Services; (b) such third party grants you a limited, non-transferable licence to access and use the Third-party Services only for your personal and non-commercial purposes; and (c) you may not modify, decompile or disassemble the Third-party Services in whole or in part, or create any derivative works from or sublicense any rights in or to the Third-party Services, unless otherwise expressly authorised by the third party or as permitted under applicable law, notwithstanding these restrictions. Pimax and its affiliates are not parties to the licence agreement between you and the provider of such Third-party Services or other Third-party Terms.
  Third-party Services may require access to Pimax data and services, which is subject to agreements between the third parties that provide such Third-party Services and us. We may disable this access for a Third-party Service if the third party does not comply with these agreements, our policies or applicable law, or if the agreements are otherwise terminated. This may adversely affect your use of such Third-party Services, including by making such Third-party Services partially or fully inoperable. We will not incur any liability to you if we remove or disable access to data and services by a third party for these reasons. This means, without limitation, that we will not provide you with any refunds for such Third-party Services in these cases. Any rights, including refund claims, which you may have under your agreements with third parties remain unaffected.
Ratings and Objectionable Content. We may display age, comfort and content ratings for digital content that is based on information provided to us by the developers of such content. We cannot guarantee that digital content ratings will always be accurate, nor can we promise that you will not find some material harmful, offensive, indecent or objectionable. The Pimax Products may contain links to third-party websites, applications or other Third-party Services, and you understand that by accessing third-party links, you may be exposed to content that is offensive, harmful, inaccurate or otherwise inappropriate. You understand that you may be exposed to content from a variety of sources when using Pimax Products and acknowledge that content may be inaccurate, offensive, indecent or otherwise objectionable. You agree that Pimax shall not be responsible or liable for content posted by you, other users of Pimax Products or a third party.

Functionality may change or be limited. To access and use certain features of the Pimax Products, a Pimax account is required, eligibility for which is stated in Section 3.1 of the Pimax Terms of Service. Pimax Products' functionality, performance or both may change over time. We may introduce new features, impose limits on, suspend, eliminate, change or update certain existing features or any part of Pimax Products, or restrict access to parts or all of any Pimax Products. We may offer free trials or other limited versions of the Pimax Products so that you can preview the Pimax Products before purchase. These versions may have limited features, restrict the permitted time of use and contain other limitations. The features, functionality or availability of a Third-party Service may change or be discontinued, including if the developer of such Third-party Service breaches or violates our terms or policies, or in accordance with the Terms or the applicable Third-party Terms.
Account suspension or termination. In addition to what is stated in Section 4.2 of the Pimax Terms of Service, your access to or use of Pimax Products may be suspended or disabled, and you may lose access to, or the use of part or all of, the services offered by Pimax or third parties through Pimax Products, if:
  (1) we determine that you have breached or violated terms and policies that apply to your use of Pimax Products or Third-party Services;
  (2) we believe that your access to, or use of, Pimax Products creates a health and safety risk;
  (3) Pimax suspends or disables your Pimax account. Furthermore, we may suspend or disable your access to or use of Pimax Products if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons. Pimax and its affiliates assume no liability for such loss of access and use and will have no obligations related to such loss. If you delete or we disable your access to or use of Pimax Products, these Pimax Terms shall be terminated as an agreement between you and us, but certain sections will survive termination as provided in Section 3.9 below.
Updates to these Pimax Terms. These Pimax Terms may be updated from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Pimax Terms and give you an opportunity to review the updated Pimax Terms before they come into effect. We hope that you will continue to use Pimax Products, but if you do not agree to our updated Pimax Terms, you must cease use of Pimax Products. Your continued use of Pimax Products after the effective date of the updated Pimax Terms constitutes your acceptance of those terms.
Network charges. You may be charged by your network provider for data services or other third-party charges that may arise while using the Pimax Products, and you accept responsibility for such charges.
DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION.
We work hard to provide the best Pimax Products we can and to specify clear guidelines for everyone who uses them. The Pimax Products, however, are provided "as is", and we make no representations or guarantees that they will always be safe, secure or error-free, fail-safe, or function without disruptions, delays or imperfections. We also do not control or direct what people and others do or say, and we are not responsible for the actions or conduct of others you may encounter on the Pimax Products or any content they may share (including offensive, inappropriate, obscene, unlawful and other objectionable content). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE PIMAX PRODUCTS IS AT YOUR SOLE RISK. No oral or written information, guidelines or advice given by Pimax will create a warranty. To the maximum extent permitted by law, we DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, ORAL OR WRITTEN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WARNING: FAILURE TO FOLLOW THIS HEALTH AND SAFETY INFORMATION MAY RESULT IN DAMAGE TO PIMAX PRODUCTS, ACCESSORIES OR ANY CONNECTED DEVICES, AND MAY INCREASE THE RISK OF PERSONAL INJURY, PROPERTY DAMAGE, DISCOMFORT OR OTHER POTENTIAL HAZARDS. BY USING PIMAX PRODUCTS, YOU REPRESENT AND WARRANT THAT YOU HAVE REVIEWED THESE WARNINGS AND INSTRUCTIONS (AND WILL REVIEW ANY UPDATES THERETO), AND WILL ACT IN ACCORDANCE WITH SUCH WARNINGS AND INSTRUCTIONS.
Our liability shall be limited to the fullest extent permissible under applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or in relation to the Terms or the Pimax Products, including the Pimax Products, even if we have been advised of the possibility of such damages.
Our aggregate liability arising out of or relating to these Pimax Terms or the Pimax Products will not exceed the greater of USD 100 or the amount you have paid us in the past twelve (12) months.
THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CERTAIN TYPES OF DAMAGES, SO SOME OR ALL OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU.
You agree to defend (at our request), indemnify and hold harmless Pimax and its affiliates, and their independent contractors and service providers, and each of their respective directors, officers, employees and agents (collectively, "Pimax Parties") from and against all claims, liabilities, damages, losses and expenses (including, but not limited to, reasonable legal fees and costs) arising out of or in any way connected with (a) your purchase or use of, or inability to use, the Pimax Products; (b) your breach of violation of the Terms or any other applicable terms, policies, warnings or instructions provided by Pimax or a third party in relation to the Pimax Products; (c) your violation of any applicable law or any rights of any third party; or (d) any content you provide, upload or transmit via Pimax Products.
DISPUTE RESOLUTION
PLEASE READ THIS SECTION 3.6 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT. THIS SECTION 3.6 REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION ANY AND ALL DISPUTES (EXCEPT AS EXPRESSLY PROVIDED FOR BELOW) THAT YOU HAVE AGAINST US ARISING OUT OF OR RELATED TO THESE PIMAX TERMS, PIMAX PRODUCTS OR RELATED SERVICES, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
In the event that you have any dispute with us that is connected to these Pimax Terms or use of Pimax Products or related services, you may contact us and we will endeavour to resolve this dispute. Except as provided below, you and Pimax agree that any cause of action, legal claim or dispute that you have against us arising out of or related to these Pimax Terms, Pimax Products or related services ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you may bring a claim only on your own behalf and cannot seek relief that would affect other users of Pimax Products. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with the limitations of this Section 3.6, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this Section 3.6.
Instead of using arbitration, you can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. The arbitrator's decision will be final and binding. The arbitrator will have the authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in the Pimax Terms of Service as supplemented by these Pimax Terms will preclude you from bringing issues to the attention of national, regional or local agencies and, if the law allows, they can seek relief against us for you. Disputes related to intellectual property rights (such as copyrights, patents, trademarks and trade secrets) are not subject to arbitration and instead must be brought in court. In addition, disputes relating to the scope and enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions are for a court to decide in the jurisdictions specified.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username and email address that you use for your Pimax account, a detailed description of the dispute and the relief that you seek. Any Notice of Dispute that you send to us should be posted to Pimax, RM 1902 EASEY COMM BLDG 253-261 HENNESSY RD WANCHAI HONG KONG. Before we commence arbitration, we will send you a Notice of Dispute to the email address that you use with your Pimax account, or other appropriate means. If we are unable to resolve a dispute within 30 days after the Notice of Dispute is received, you or we may commence arbitration.
For avoidance of doubt, if any portion of these Pimax Terms is found to be unenforceable (including, but not limited to, the terms of this Section), the remaining portion will remain in full force and effect. If we fail to enforce any of the Pimax Terms, this will not be considered a waiver.
Governing law. The laws of HK will govern these Pimax Terms and any claim, without regard to conflict of law provisions.
Termination. These Pimax Terms are effective until terminated, and will be terminated when the Pimax Terms of Service between you and us is terminated. Upon termination, these Pimax Terms shall be terminated as an agreement between you and us, but the provisions in Sections 2.3, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10 and 3.11 of these Pimax Terms will survive and remain in place.
Government rights. We provide the Pimax Products for public sector end use, including HK Government end use, with the same rights as all other end users pursuant to these Terms. If a public sector entity, including a HK Government entity, has a need for any additional rights, it must negotiate directly with Pimax to determine if the parties can negotiate an acceptable amendment to these Terms that must be included in any applicable contract or agreement.
Other Terms
The Pimax Terms of Service, these Pimax Terms and all other applicable terms (including, if applicable, a Product Testing Agreement, as defined below) make up the entire agreement between you and Pimax regarding your use of Pimax Products (except to the extent that we expressly state that separate terms – and not these – apply) and supersede any prior agreements regarding your use of Pimax Products.
If you use an Pimax Product pursuant to a product testing agreement, beta testing agreement or similar agreement (a "Product Testing Agreement "), in the event of a conflict between such Product Testing Agreement and the Terms, the Product Testing Agreement shall govern to the extent of the conflict.
The Terms govern personal and non-commercial uses of Pimax Products. We may permit certain limited commercial or business uses of Pimax Products under these Terms pursuant to and solely as stated in separate Pimax Commercial Terms and any other applicable terms referenced therein. By using Pimax Products for such commercial or business uses under these Terms, you agree to the Pimax Commercial Terms. Additionally, we permit commercial and business uses of Pimax for business products pursuant to the Pimax for Business Enterprise Use Agreement and any other applicable terms referenced therein.
To the extent that you are using Pimax Products in your capacity as a developer of software or content for use on the Pimax Products, you acknowledge and agree that our agreements with you as a developer supplement the Terms and will supersede to the extent of any conflict between such agreements and the Terms.
For avoidance of doubt, the provisions stated in Section 4.5 of the Pimax Terms of Service also apply to these Pimax Terms. Pimax may at any time assign, transfer or subcontract all or any of its rights or obligations under these Pimax Terms. Nothing in these Pimax Terms limits any of our rights under the Pimax Terms of Service or any additional terms that they reference.