Terms of Service

Effective Date: May 6, 2025

SuperGenix Inc. dba Somos Labs, Inc. (“Somos,” “our,” “us,” or “we”) provides SignWave®, and other products, including pre-release services, our websites (including http://somosxr.com and subdomains thereof), and other online services (with our games, products and websites, collectively our “Services”).

Somos is headquartered in the United States and its Services are intended for use only in the U.S. by U.S. residents. Somos makes no representations regarding your use of the Services outside of the U.S., and you therefore assume all such risks.

THESE TERMS OF SERVICE (THESE “TERMS”) CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CONDITIONS, LIMITATIONS, OBLIGATIONS AND OTHER IMPORTANT INFORMATION THAT APPLIES TO YOU, INCLUDING AN ARBITRATION REQUIREMENT.

1. Agreement to Terms & Privacy Policy

By using any of our Services, you agree to be bound by these Terms and our Privacy Policy.

BY USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OR OUR PRIVACY POLICY, DO NOT USE ANY OF OUR SERVICES.

To accept these Terms, you must be at least 18 years of age. If you are accepting these Terms on behalf of your child who is under the age of 18, you must be the parent or legal guardian of your child, accept these Terms and our Privacy Policy on behalf of your child, and accept all liability for your child’s actions and compliance with these Terms and our Privacy Policy.

Somos may revise or update these Terms without notice. By using the Services, you are agreeing to be bound by the then-current version of these Terms.

2. Modifications and Access to Services

Somos reserves the right to withdraw or amend the Services or any of their contents in our sole discretion without notice. We will not be liable if all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to portions of the Services.

To access certain Services, you may be asked to provide certain registration details or other information. All information you provide must be correct, current, and complete. You will comply with these Terms and any applicable third-party terms with respect to accounts registered and used in connection with the Services.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that any account you register in connection with the Services is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You are responsible for all action taken using your username, password, and other security information.

3. Privacy Policy

All personal information we collect through our Services is subject to our Privacy Policy, which is incorporated by reference. Please review it prior to use of our Services.

4. Underage Users

Following the policies of Meta, certain Services (e.g., SignWave) are available to Quest Pro, Quest 2, Quest 3 headset and desktop users who are at least 10 years of age and are represented by the parent or legal guardian who controls access to the devices and content. If a device requires an age over 10, the user must be of the age specified by the device and also be represented by the parent or legal guardian who controls access to the devices and content.

If you are aware of an underage user of our Services, without parental consent, please contact us at https://www.somosxr.com/support-resources or email us at support@somosxr.com.

5. Prohibited Uses.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

a. In any way that violates any applicable law or regulation.

b. For the purpose of exploiting, harming, or attempting to exploit or harm any person.

c. To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms or other guidelines published by Somos.

d. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

e. To impersonate or attempt to impersonate any person or entity (including, without limitation, by using email addresses or usernames associated with or suggesting an affiliation with any of the foregoing).

f. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Somos or users of the Services, or expose them to liability.

g. In any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party's use of the Services, including their ability to engage in real-time activities through the Services.

Additionally, you agree not to:

h. Lease, loan, trade, sell/re-sell, or otherwise monetize the Services or related materials or access to the Services.

i. Use any manual or automatic process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms.

j. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server(s) on which the Services are stored, or any server, computer, or database connected to the Services.

k. Otherwise attempt to interfere with the proper working of the Services.

6. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SOMOS IS NOT LIABLE FOR ANY DAMAGE TO PROPERTY, INJURY, DEATH, OR PSYCHOLOGICAL HARM THAT MAY OCCUR AS A RESULT OF USING ITS SERVICES OR THE INTERACTIONS BETWEEN YOU AND PEOPLE OR OBJECTS IN OR AROUND THE PLAY AREA DURING YOUR USE OF OUR SERVICES; IN NO EVENT WILL SOMOS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUPPLIERS, SUCCESSORS, ASSIGNS, OR ANY SOMOS-CONNECTED PERSONS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF OR INABILITY TO USE OUR SERVICES, OR ANY COMMUNICATIONS, OR INTERACTIONS WITH OTHER USERS OF OUR SERVICES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, BUSINESS INTERRUPTION, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF TIME, LOSS OF MATERIAL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THIS DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7. Accuracy of Materials

The materials appearing on or accessible through the Services could include technical, typographical, or other errors. Somos does not warrant that any of the materials available on or through the Services are accurate, complete, or current. Somos may make changes to the materials available on or through its Services at any time without notice. However Somos does not make any commitment to update the materials.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY SOMOS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOMOS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SOMOS NOR ANYONE ASSOCIATED WITH SOMOS REPRESENTS OR WARRANTS THAT OUR SERVICES, THE INFORMATION, CONTENT, AND MATERIALS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVICES, OR ELECTRONIC COMMUNICATIONS SENT FROM SOMOS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

‍YOU ASSUME ALL RISKS RELATING TO YOUR USE OF THE SERVICES AND YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES. SOMOS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9. Indemnification

You agree to defend, indemnify, and hold harmless Company and its officers, directors, shareholders, employees, contractors, agents, licensors, service providers, and suppliers (“Company Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, fees (including reasonable attorneys' fees), or expenses (collectively, "Claims") arising out of or relating to your violation of these Terms or your use of the Services. Without limiting the foregoing, you agree to defend, indemnify, and hold harmless Company Indemnitees from and against any Claims asserted by any third party arising from any injuries or property damage resulting from use of the Services.

10. Governing Law; Arbitration

All matters relating to, and any dispute or claim arising from, the Services and these Terms (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule.

To the fullest extent provided by law, any dispute arising out of or relating to the Services or these Terms will be resolved by individual, confidential, and binding arbitration in Portland, Oregon, administered by Arbitration Service of Portland, Inc., or its successor in interest, in accordance with its then-current commercial arbitration rules. The arbitration will be held before a single arbitrator. Nothing in these Terms prohibits a party from seeking emergency relief (e.g., preliminary injunction) from a court of competent jurisdiction pending resolution by arbitration.

11. Termination

We may terminate your access to and use of our Services, at our sole discretion, at any time and without notice to you.

12. Waiver; Severability

Any failure of Somos to assert a right under these Terms will not constitute a waiver.

If any provision of these Terms is determined to be invalid, illegal, or unenforceable for any reason, that provision will be limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

13. Intellectual Property

All aspects of our Services including but not limited to generated media, trademarks, features, or functionality, and intellectual property are owned by Somos and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly licensed to you are reserved by Somos.

14. Other Terms and Conditions.

Additional terms and conditions may apply to specific portions, services, or features of the Services, or products available for license or purchase through the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

15. Links from the Website.

If the Services contain links to other sites or resources provided by third parties, these links are provided for your convenience only. This includes without limitation advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party advertisements, sponsored links, or websites linked from the Services, you do so entirely at your own risk and subject to the applicable third party's terms and conditions.

16. Entire Agreement.

These Terms, our Privacy Policy, and additional terms and conditions as described in Section 14 constitute the sole and entire agreement between you and Somos regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

17. Contact Us

If you have any questions about our Services or these Terms, please contact us at https://www.somosxr.com/support-resources or email us at support@somosxr.com