Terms and Conditions

Effective: Oct 30, 2023

Warning: metaXsire may contain or be used to transmit sexually explicit material that is intended for individuals 18 years of age or older. If you are under the age of 18, if such material offends you, or if it is illegal to view such material in your jurisdiction, do not continue.

This document contains important Terms and Conditions which affect your legal rights and remedies. Using the APP constitutes acceptance by you of these Terms and Conditions.

The terms you, your, and yours refer to all users, and/or any user of the App. The terms its, we, us, our and metaXsire refer wholly or in part to Science Infinity Technology Limited. The Terms and Conditions shall be referred to as the Agreement hereinafter, and expressly incorporate the Privacy Policy.

The Agreement forms a legally binding contract between you and Science Infinity Technology Limited. Please read them carefully. By using the App, or any of our other products or services that link to these Terms (the Services), you agree to the Agreement. If you do not wish to agree with this Agreement, do not download or use the App, or immediately uninstall and delete the App from your mobile device.

1. User Disclaimer for metaXsire App

Welcome to the metaXsire App (App). Before using the App, please read the following User Disclaimer (Disclaimer) carefully. By using the App, you acknowledge and agree to comply with the terms and conditions of this Disclaimer. If you do not agree with any part of this Disclaimer, please do not use the App.

1.1 Age Restriction

The App is intended for individuals who are 18 years of age or older. By using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to use the App. If you are under 18 years old, you must immediately discontinue using the App.

1.2 Adult Content

The App may contain adult content, including but not limited to sexual, erotic, or other sensitive materials. You understand and agree that you voluntarily access and use this adult content and assume all responsibility arising from it. You acknowledge that the App is not responsible for any consequences resulting from your exposure to or use of adult content, including but not limited to emotional discomfort, conflicts of moral beliefs, personal relationship disturbances, or any other factors.

1.3 AIGC Content

The App may include content generated by artificial intelligence (AIGC). You understand and agree that AIGC content may be inaccurate, incomplete, or misleading. You are solely responsible for any decisions or actions you take based on AIGC content. The App is not responsible for any losses, damages, or consequences arising from AIGC content.

1.4 User Independent Decisions and Responsibility

You acknowledge and agree that you are solely responsible for accessing and using the App’s adult content and AIGC content. You independently decide whether to continue accessing or using this content and assume any consequences that may result from your decisions. The App is not responsible for any decisions or actions you take based on the information provided by the App.

1.5 Disclaimer of Liability

The App provides services based on existing technology and resources, striving to ensure the security and reliability of its services. However, due to the nature of adult content and AIGC content, the App is not liable for any losses, damages, or consequences resulting from the use or inability to use the App, including but not limited to emotional discomfort, conflicts of moral beliefs, personal relationship disturbances, or any other factors.

1.6 User Behavior and Responsibility

When using the App, you agree to comply with all applicable laws, regulations, and ethical standards. You are responsible for your own conduct and any content you submit, post, or transmit through the App. You agree not to engage in any illegal activities, infringe upon the rights of others, or harm the interests of others through the use of the App.

1.7 Accuracy and Reliability of Content

The App strives to provide accurate and reliable adult content and AIGC content. However, the App does not guarantee the accuracy, completeness, or reliability of any content provided in the App. You understand that you rely on such content at your own risk, and the App is not responsible for any losses, damages, or consequences resulting from your reliance on such content.

1.8 Privacy Protection

The App takes reasonable measures to protect your personal privacy information. However, due to the inherent risks of the internet, the complete security of your information cannot be guaranteed. By using the App, you agree to assume the risks and understand that the App may collect, store, and process your personal information. For information on how the App collects and processes personal information, please refer to our Privacy Policy.

1.9 Intellectual Property

All content in the App, including but not limited to text, images, logos, trademarks, graphics, audio, and video, is protected by intellectual property laws. You may not copy, modify, distribute, transmit, display, perform, or exploit this content in any way without the express written permission of the App’s owner.

1.10 Termination and Revision

The App reserves the right to terminate or modify this Disclaimer at any time. The App may notify you of revised terms by posting the revised version within the App or through any other appropriate means. Continued use of the App will constitute your acceptance of the revised Disclaimer.

2. User Conduct

2.1 Who Can Use the Services

No one under 18 years of age is allowed to download the App, create an account, or use the Services. By using the Services, you acknowledge that:

You have the capacity and desire to form a binding contract with the Company; you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations; if you are using the Services on behalf of a business or some other entity, you acknowledge that you are authorized with full capacity to agree to these Terms on behalf of the business or entity; by using the App and Services, you also acknowledge that you have reviewed, and that you consent to the terms of the Company’s Privacy Policy and End User License Agreement.

2.2 Your Rights

The Company grants you a personal, worldwide, royalty-free, non-negotiable, non-exclusive and revocable right to access and use the Services. This license is for the sole purpose of enabling you to use and enjoy the Services consistent with these Terms and our usage policies.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so.

2.3 Our Rights

Many of our Services enable you to create, upload, post, send, receive, and store content. You retain whatever ownership rights of that content. By using the Services, you grant us a license to use that content subject to our Privacy Policy. How broad that license is depends on which Services you use and the Settings you have selected.

The Services allow you to transmit Text, Pictures, Audio, Video messages, Vibration Patterns, and other information (collectively, the "Content") via the App. Content is stored on our servers for seven days, then automatically deleted; however, texts sent by a User to a connected recipient is transmitted directly to the recipient and is not stored on our servers. The content of videos transmitted by Users via metaXsire is not collected by the Company; however, the name of the video, the length of the video, the format of the video, and the unique code of the video may be collected by the Company. If a User shares a Vibration Pattern via metaXsire, that information will be stored on our servers indefinitely. The Company maintains that information adjacent to videos transmitted via metaXsire for 30 days at which time they are automatically deleted. Information that you post using metaXsire including posts and chat sessions is stored until it is deleted by the User, by the Company at the User’s request, or by the Company at its sole discretion for any or no reason. Your privacy is very important to us and, if you have any questions regarding the storage or use of information transmitted by You using any of metaXsire Apps, you should contact metaXsire directly via email: service@metaxsire.com.

We respect your privacy and, as a policy, do not review the Content transmitted by our users, unless required by law to do so in certain circumstances. However, you alone remain responsible for the Content that you create, upload, post, send, or store through the Service.

The Services may contain advertisements. You agree that we, our affiliates, and our third-party partners may place advertising on the Services.

2.4 Content Created by Others

The Content transmitted via the App is the sole responsibility of the person or organization that submitted it. We do not assume responsibility for any Content that others provide through the Services.

3. Privacy

By using the App, you agree and consent that your use of our Services and our collection and processing of your data, including information transmitted to or stored by Science Infinity Technology Limited and its sites or affiliates, is governed by the metaXsire Privacy Policy.

You agree not to misuse this Site. You will not: commit or encourage a criminal offense; transmit or distribute a virus, worm, or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material (commonly referred to as "spam"); or attempt to affect the performance or functionality of any computer facilities or access through this Site. Breaching this provision would constitute a criminal offense and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

You may not use the Services, or enable anyone else to use the Services, in a manner intentional or not that: infringes or violates the right of publicity, privacy, copyright, trademark or other intellectual property of someone else; bullies, shames, harasses, or intimidates others; defames; spams or solicits our users.

These Terms do not grant you any right to do any of the following (or enable anyone else to do so): use branding, logos, designs, photographs, videos, or any other materials used in our Services; copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms; use of the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

4. Copyright

metaXsire honors the requirements of relevant copyright laws. We take reasonable steps to remove from our Services any infringing material that we become aware of. If metaXsire becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes the copyright of any piece of work that you own or control, please contact us at service@metaxsire.com.

5. Safety

We try hard to keep our Services a safe place for all users. But we can’t guarantee it. That’s where you come in. By using the Services, you agree that: You will not use the Services for any purpose that is illegal or prohibited in these Terms.

You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.

You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.

You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.

You will not use or attempt to use another user’s account, username, or password without their permission.

You will not solicit login credentials from another user.

You will not post content that contains or links to graphic violence, threats, hate speech, or incitements to violence.

You will not upload viruses or other malicious code or otherwise compromise the security of the Services.

You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.

You will not probe, scan, or test the vulnerability of our Services or any system or network, unless previously authorized by us.

You will not encourage or promote any activity that violates these Terms.

Do not use our Services in a way that would distract you from obeying traffic or safety laws.

6. Account Security

You are responsible for any activity that occurs in your metaXsire account. It is your responsibility to maintain the security of your account. By using the Services, you agree to this. If at any time you believe that someone else has gained access to your account with or without your permission, please immediately reach out to service@metaxsire.com.

7. Data Charges

You are responsible for any charges that you may incur for using our Services, including data charges for sending and receiving messages. You may block users from sending you messages by deleting friends, denying friend requests, or adding users to a blocked list.

8. Amendment to Terms

Science Infinity Technology Limited maintains the right in its absolute discretion, at any time and without notice, to amend, remove or vary the Services, the App, or these Terms.

9. Indemnity

You agree to defend, indemnify, and hold Science Infinity Technology Limited, its officers, directors, employees and agents harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected to your negligence and breach or violation of this Agreement.

10. Limitation of Liability

In no event is metaXsire liable for any direct, special, punitive, indirect, or consequential damages or any damages whatsoever, including, but not limited to, loss of use, data, or profits, whether in an action of contract or tort (including negligence), or otherwise, arising out of your use of this site. In no event will metaXsire aggregate liability for any and all claims relating to the services exceed the amount you paid for your metaXsire device, if any, in the last 90 days.

11. Governing Law and Dispute Resolution, Waiver of Litigation Proceedings

Please read the following paragraphs carefully because they require you and metaXsire to agree to resolve all disputes between us through arbitration.

11.1

Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The applicable law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.

11.2 Choice of Law and Venue

By using the Services and agreeing to the Agreement, you agree that the governing law of the Agreement shall be the law of the Hong Kong Special Administrative Region of the People’s Republic of China, without regard to principles of conflict of laws.

11.3 Waiver of Jury Trial

Should any dispute under the aforementioned arbitration clause be submitted to, for instance, a US court which otherwise holds that the above arbitration clause is invalid and that the case submitted to it is admissible and the court has jurisdiction over the case, you and metaXsire waive any constitutional and statutory rights to have a jury trial, if it is allowed by the law of that state.

11.4 Waiver of Class or Consolidated Actions

All claims and disputes within the scope of this arbitration agreement must be arbitrated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated jointly or consolidated with those of any other customer or user. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth herein.

11.5 Right to Waive

Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

11.6 Opt-out

You may opt out of this arbitration agreement. If you do so, neither you nor metaXsire can force the other to arbitrate. To opt out, you must notify metaXsire in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your metaXsire username, and the email address you used to set up your metaXsire account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email your opt-out notice to service@metaxsire.com.

12. Entire Agreement

The above Terms of Use constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Science Infinity Technology Limited. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by an Officer of Science Infinity Technology Limited.

13. Prevailing Language

The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions of languages, if any.