01Acceptance of terms
These Terms of Use govern your use of the IntelliXR® website (the “Site”) and the information, forms, and resources available through it (together, the “Service”). The Service is owned and operated by CitrusBits Inc. (“CitrusBits,” “we,” “us,” or “our”). IntelliXR® is a CitrusBits platform. Your use of the Service is subject to these Terms and to any other rules or policies we publish on the Site from time to time.
02Changes to these terms
We may update or replace these Terms at any time. When we do, we will change the “Last updated” date above and give notice where the law requires it. Your continued use of the Service after changes are posted means you accept the updated Terms. If any part of these Terms is found invalid or unenforceable, the rest remains in effect.
03Website use and product agreements
The Site provides general information about the IntelliXR® platform, including the Ocunur headset, IntelliMDM, the SDK, and the API. These Terms cover use of the Site only. Access to and use of IntelliXR® products, developer tools, documentation portals, and the IntelliMDM portal are governed by separate written agreements, such as a license, subscription, or master services agreement. Where a separate agreement conflicts with these Terms, that agreement controls for the product it covers.
Submitting an early access, demo, or contact request does not create a purchase, license, or service agreement. We review each request and may follow up at our discretion.
04Health and medical information
Content on the Site is general information about the IntelliXR® platform. It is not medical advice and does not replace the judgment of a qualified healthcare professional. Nothing on the Site states that a product is cleared, approved, or certified by the U.S. Food and Drug Administration or any other regulatory body, unless that status is stated specifically for a named product. Organizations that use IntelliXR® in clinical or research settings remain responsible for the approvals their use requires, such as institutional review board or ethics committee approval.
05Privacy
We work to keep the information you share with us private and secure. No method of transmission or storage is fully secure, so we cannot guarantee the security of information sent through the Site. Unauthorized access, hardware or software failure, and other factors may affect the security of information at any time.
Please do not submit protected health information or patient data through the Site’s forms. For details on how we collect, use, and protect personal information, please read our Privacy Policy.
06Rules and conduct
The Service, including all content, documents, and information on the Site, is provided for your own information. You may use the Service only for lawful purposes and as these Terms allow, and you agree to follow all applicable local, state, national, and international laws and regulations.
You agree not to take any action, or upload, post, submit, or share any content (including text, software, images, sounds, or data) through the Service, that:
Content that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, or invasive of another person’s privacy, or that otherwise violates these Terms.
Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party.
Unauthorized or unsolicited advertising, junk email, or bulk messaging.
Activity that places an unreasonable load on our computing, storage, or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems, or connected networks.
Viruses or any other code, files, or programs intended to disrupt, damage, or interfere with any software, hardware, or telecommunications equipment, or to gain unauthorized access to any system or data of CitrusBits or any third party.
Harvesting, scraping, or collecting any information from the Site.
Impersonating any person or entity, including any CitrusBits or IntelliXR® employee or representative.
We may suspend or end your access to the Service immediately if your conduct does not follow this section.
07Proprietary rights
All content and materials on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Unless CitrusBits authorizes it in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from these materials.
You may print or download a reasonable number of copies of Site content for your own information, as long as you keep all copyright and proprietary notices. Systematic retrieval of content from the Site to create a collection, database, or directory requires our written permission. Any rights not expressly granted in these Terms are reserved.
08Third-party links and content
The Site may link to websites, resources, or services owned by third parties, including partners and industry organizations. We provide these links for convenience only. We do not control third-party sites and are not responsible for their content, policies, or practices. Your use of a third-party site is subject to that site’s own terms.
09Termination
We may end your access to all or any part of the Service at any time, with or without cause or notice, effective immediately. You may stop using the Service at any time.
10No warranties
The Service, including all content and information available through it, is provided “as is” and “as available,” without warranty of any kind, express or implied. This includes, without limitation, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties arising from course of performance or usage of trade.
CitrusBits and its directors, employees, agents, suppliers, partners, and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software on the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements. Some states do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
11Limitation of liability
To the fullest extent the law allows, CitrusBits and its directors, employees, agents, contractors, partners, suppliers, and content providers will not be liable under contract, tort, strict liability, negligence, or any other legal theory with respect to the Service for: (i) any special, indirect, incidental, punitive, or consequential damages, whether or not foreseeable; (ii) the cost of substitute goods or services; (iii) bugs, viruses, trojan horses, or similar code, regardless of source; or (iv) direct damages greater than ten U.S. dollars (US $10) in total. Liability for IntelliXR® products is governed by the separate agreement that covers them. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of these limitations may not apply to you.
12Indemnification
You agree to defend, indemnify, and hold harmless CitrusBits, its affiliates, and their employees, contractors, officers, directors, and representatives from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Service.
13International use
We make no representation that the content on the Site is appropriate or available for use outside the United States. Accessing the Service from territories where its content is illegal is prohibited. If you access the Service from another location, you do so on your own initiative and are responsible for following local laws.
14Dispute resolution and governing law
These Terms are governed by the laws of the State of California and the United States of America, excluding conflict of law rules. Any claim or action arising out of or relating to these Terms or your use of the Site must be filed only in the state or federal courts located in California, and you agree to the personal jurisdiction of those courts. Any cause of action relating to the Service must begin within one (1) year after it arises, or it is permanently barred. A printed copy of these Terms and of any notice given electronically is admissible in judicial or administrative proceedings to the same extent as other business records kept in printed form.
15Entire agreement and severability
These Terms are the entire agreement between you and CitrusBits regarding the Site and the Service, and they replace all prior communications and proposals on that subject. They do not replace any separate agreement covering IntelliXR® products or software. If any provision is found unenforceable or invalid, it will be limited or removed to the minimum extent necessary, and the remaining provisions stay in full force.
16General terms
These Terms are personal to you and may not be assigned or transferred by you without our prior written consent. CitrusBits may assign or transfer its rights and obligations under these Terms without consent. Waivers and changes must be in writing and signed by both parties, except as these Terms otherwise provide. These Terms do not create any agency, partnership, joint venture, or employment relationship. In any action to enforce these Terms, the prevailing party may recover its costs and attorneys’ fees.
17Copyright and trademarks
Unless otherwise noted, these Terms and all content on the Site are copyright © CitrusBits Inc. All rights reserved.
IntelliXR®, IntelliMDM, Ocunur, and CitrusBits, along with page headers, custom graphics, buttons, and images on the Site, are trademarks, service marks, or other intellectual property of CitrusBits Inc. or its partners. Other trademarks, product names, and company names or logos on the Site belong to their respective owners. Any use of these marks or content without our express authorization is prohibited.
18Contact
If you have questions about these Terms, please reach us through the contact page on this Site.