handshake
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and mocaxr ("we," "us," or "our"), the operator of xrCard (the "Service"), accessible at [YOUR_WEBSITE_URL].
By registering an account, accessing, or using the Service in any way, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must immediately stop using the Service.
warning
Merchant of Record Notice: All purchases made through xrCard are transacted with Paddle.com Market Limited ("Paddle"), acting as Merchant of Record. Paddle is the seller of record for all subscriptions and handles payment processing, tax collection, and compliance on our behalf. By purchasing, you also agree to Paddle's Terms of Service.
view_in_ar
2. Description of the Service
xrCard is a Software-as-a-Service (SaaS) platform that allows registered users to create augmented reality (AR) experiences called "xrCards." Users upload physical images ("markers") and link them with digital content (videos, image galleries, 3D model references) which can be triggered by scanning the physical image or a QR code using a mobile browser — without requiring a dedicated app.
The Service is provided on a subscription basis, with features and limits determined by the subscription plan selected. Use of certain features requires the purchase of "XR Credits" (see Section 8).
We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice. We will provide at least 30 days' advance notice for material discontinuations that affect active paid subscribers.
manage_accounts
3. Accounts & Registration
3.1 Eligibility
You must be at least 16 years old (or 18 in jurisdictions where the age of majority is 18) and capable of entering into a legally binding contract to register for and use the Service. By registering, you represent and warrant that you meet these requirements.
3.2 Account Information
You agree to provide accurate, complete, and current registration information and to update it promptly when it changes. Providing false or misleading information may result in immediate account suspension.
3.3 Account Security
You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree to notify us immediately at [CONTACT_EMAIL] of any unauthorized use of your account. We are not liable for any loss resulting from your failure to keep your credentials secure.
3.4 One Account Per User
Each user may maintain one (1) active account unless expressly authorized by us in writing. Creating multiple accounts to circumvent plan limits, trial restrictions, or enforcement actions is prohibited and may result in all associated accounts being terminated.
rule
4. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in compliance with these Terms. The following activities are strictly prohibited:
cancel
Uploading, creating, or distributing content that is illegal, defamatory, obscene, pornographic, hateful, discriminatory, or that promotes violence or terrorism.
cancel
Infringing any third-party intellectual property rights, including uploading copyrighted images or video content without proper authorization.
cancel
Creating AR experiences designed to deceive, defraud, impersonate, or mislead end users.
cancel
Attempting to gain unauthorized access to the Service, its servers, databases, or other users' accounts.
cancel
Reverse-engineering, decompiling, or disassembling any portion of the Service, or attempting to extract source code.
cancel
Scraping, crawling, or otherwise harvesting data from the Service without our prior written consent.
cancel
Using the Service to distribute malware, spyware, or any code designed to damage, disable, or compromise systems.
cancel
Circumventing, disabling, or interfering with security features, subscription enforcement, scan limits, or plan restrictions.
cancel
Reselling or sublicensing the Service without our express written authorization.
cancel
Using automated systems (bots, scripts) to create accounts, generate QR scans, or artificially inflate usage metrics.
cancel
Uploading content that violates the privacy of third parties, including unauthorized photographs of individuals.
cancel
Using the Service in any way that could damage, overload, or impair the infrastructure or user experience.
Violation of this policy may result in immediate suspension or termination of your account without refund, and we reserve the right to report unlawful activity to appropriate authorities.
credit_card
5. Subscription Plans, Billing & Payment
5.1 Subscription Plans
We offer multiple subscription plans with different feature sets, xrCard limits, XR Credit allocations, and monthly scan limits. Current plans and pricing are displayed on our Pricing page. We reserve the right to modify plan features and pricing at any time, with at least 30 days' notice to existing subscribers before changes take effect.
5.2 Billing Cycles
calendar_month
Monthly:
Billed every 30 days. Subscription renews automatically at the end of each billing period unless cancelled.
calendar_month
Annual (Yearly):
Billed once every 12 months at a discounted rate. Subscription renews automatically after 12 months unless cancelled.
calendar_month
Lifetime:
A one-time payment granting perpetual access to the features included in the selected plan at the time of purchase, subject to the Service remaining operational.
5.3 Free Trial
We may offer a free trial plan with limited functionality (typically 10 QR scans and a 3-day validity period). Free trial access is available once per user and may not be obtained again by creating additional accounts. We reserve the right to modify or discontinue the free trial at any time.
5.4 Automatic Renewal & Cancellation
Recurring subscriptions renew automatically. You may cancel your subscription at any time through your account dashboard or by contacting us. Cancellation takes effect at the end of the current billing period — you retain access to paid features until then. No partial refunds are issued for the unused portion of a billing period unless required by applicable law.
5.5 Plan Limits & Enforcement
Each plan is subject to limits on the number of active xrCards, monthly QR scan counts, XR Credit balances, and custom field usage. When you reach a plan limit, the relevant feature will be suspended until the limit resets (for monthly limits) or until you upgrade. We do not charge overage fees — instead, access is temporarily suspended.
5.6 Price Changes
We may change subscription prices at any time. For existing subscribers on recurring plans, price changes will take effect on the next renewal date following a minimum 30-day advance notice sent to your registered email address. Continued use of the Service after a price change constitutes your acceptance of the new price.
5.7 Wire Transfer
We may offer bank/wire transfer as a payment option for applicable plans. Wire transfer payments must include the reference code provided during checkout. Account activation is contingent on receipt and confirmation of the payment, which may take 3–7 business days. Wire transfers are not refundable once the plan has been activated.
payments
6. Paddle as Merchant of Record
All payments are processed by Paddle.com Market Limited, 15 Lower Hatch Street, Dublin 2, Ireland ("Paddle"), which acts as our fully authorized Merchant of Record.
As Merchant of Record, Paddle:
check_circle
Is the legal seller of our subscriptions in their own name on our behalf.
check_circle
Collects and processes your payment information (card details, PayPal, etc.) — we do not receive or store this data.
check_circle
Issues tax-compliant invoices and receipts to you directly.
check_circle
Calculates, collects, remits, and is responsible for all applicable taxes (VAT, GST, sales tax) on transactions.
check_circle
Manages subscription renewals, upgrades, and cancellations in its system.
check_circle
Handles chargebacks and payment disputes as the party of record.
check_circle
Operates under Paddle's own Terms of Service and Privacy Policy, which apply to the payment transaction.
For billing disputes, chargebacks, or payment-related issues, you may also contact Paddle directly at paddle.com/legal/buyers. For subscription management issues (e.g., access rights not updated after payment), contact us at [CONTACT_EMAIL].
currency_exchange
7. Refund Policy
7.1 Statutory Rights
If you are a consumer within the European Union, you have a statutory 14-day right of withdrawal from the date of purchase, unless you have already begun using the digital service and have expressly waived this right during checkout. By accessing your account and activating your subscription, you acknowledge that performance has begun and that you waive any remaining withdrawal right to the extent permitted by law.
7.2 Voluntary Refund Policy
Subject to Section 7.1, we offer refunds in the following circumstances:
check
Eligible for refund: Refund requested within 14 days of the initial purchase (first-time subscription only), and the Service has material defects preventing its intended use.
check
Eligible for refund: Service outage exceeding 72 continuous hours within a billing period directly attributable to our infrastructure failure (pro-rata credit or refund).
close
Not eligible for refund: Refund requests made after 14 days from the original purchase date.
close
Not eligible for refund: Annual or lifetime plans where the subscriber has actively used the Service during the billing period.
close
Not eligible for refund: Account terminations due to violations of these Terms.
close
Not eligible for refund: XR Credits consumed or partially consumed.
close
Not eligible for refund: Payments made via wire transfer once the plan has been activated.
All refund requests must be submitted to [CONTACT_EMAIL]. Since Paddle is our Merchant of Record, approved refunds are processed through Paddle and returned to your original payment method. Refund processing time depends on your payment provider (typically 5–10 business days).
Certain features of the Service operate on a credit-based system called "XR Credits." The following conditions govern XR Credits:
toll
Allocation:
XR Credits are allocated to your account upon subscription activation or plan upgrade, as specified in your plan details.
toll
Consumption:
Credits are consumed when you create or activate xrCards and other credit-dependent features. Consumption rates are displayed within the platform.
toll
Non-Refundable:
Consumed XR Credits are non-refundable. Unused credits may be refunded only as part of an approved refund under Section 7.2 of these Terms.
toll
No Cash Value:
XR Credits have no monetary value and cannot be transferred, sold, gifted, or exchanged for cash.
toll
Expiration:
XR Credits allocated as part of a monthly or annual subscription expire at the end of the billing period unless explicitly stated otherwise. Lifetime plan credits do not expire while the Service is operational.
toll
Modifications:
We reserve the right to adjust XR Credit allocations per plan with at least 30 days' advance notice.
perm_media
9. User-Generated Content
9.1 Your Ownership & License Grant
You retain full ownership of all content you upload to the Service, including xrCard markers, metadata, linked media, and profile materials ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, process, display, and transmit your User Content solely as necessary to provide and operate the Service. This license terminates when you delete the content or close your account.
9.2 Your Representations & Warranties
By uploading User Content, you represent and warrant that:
task_alt
You own or have the necessary rights, licenses, consents, and permissions to upload and use the content.
task_alt
The content does not infringe any third-party copyright, trademark, patent, trade secret, privacy, or other intellectual property right.
task_alt
The content does not violate any applicable law or regulation.
task_alt
You have obtained all necessary consents from individuals depicted in the content.
task_alt
The content does not contain malware, viruses, or any harmful code.
9.3 Content Moderation
We reserve the right (but not the obligation) to review, screen, and remove any User Content that, in our sole discretion, violates these Terms or is otherwise objectionable — without prior notice or liability. We do not systematically monitor all User Content but will act on credible reports.
9.4 DMCA / Copyright Infringement
If you believe your copyrighted work has been used on our platform without authorization, please send a written notice to [CONTACT_EMAIL] including: (i) identification of the copyrighted work; (ii) identification of the infringing material and its location on the Service; (iii) your contact information; (iv) a statement of good faith belief; and (v) a statement of accuracy under penalty of perjury. We will respond to valid DMCA notices promptly.
workspace_premium
10. Intellectual Property
All aspects of the Service not constituting User Content — including but not limited to the platform software, source code, interface design, graphics, trademarks, logos, trade names, documentation, and the xrCard brand — are the exclusive property of mocaxr or our licensors and are protected by applicable intellectual property laws.
Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal purposes, strictly in accordance with these Terms. No other rights are granted.
The "Powered by xrCard" attribution displayed on AR experiences on free or non-branding-enabled plans is part of our brand. You may remove this attribution only on plans that explicitly include the "hide branding" feature.
Our collection and use of personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By using the Service, you consent to the data practices described therein. We comply with applicable data protection laws including GDPR and CCPA.
warning
12. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY. WE DO NOT WARRANT THAT:
error
The Service will be uninterrupted, error-free, or available at all times.
error
Defects or errors will be corrected.
error
The Service is free from viruses or other harmful components.
error
Results obtained from using the Service will be accurate or reliable.
error
AR experiences created on the platform will function on all devices, browsers, or camera systems.
Some jurisdictions do not allow the exclusion of implied warranties. In such cases, the above exclusions apply to the maximum extent permitted by applicable law.
balance
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL mocaxr, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, or punitive damages.
- Loss of profits, revenue, business, data, goodwill, or anticipated savings.
- Damages arising from unauthorized access to your account or User Content.
- Damages arising from third-party content or third-party services linked through xrCards.
- Damages arising from reliance on the AR experiences created through the platform.
IN ANY CASE, OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM; OR (b) ONE HUNDRED EUROS (€100).
The foregoing limitations apply even if we have been advised of the possibility of such damages. Some jurisdictions (including the EU and certain US states) do not allow these limitations for consumer claims — if you are a consumer in such a jurisdiction, these limitations apply only to the extent permitted by law.
security
14. Indemnification
You agree to indemnify, defend, and hold harmless mocaxr and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (i) your use of the Service; (ii) your User Content; (iii) your violation of these Terms; (iv) your violation of any third-party right, including intellectual property or privacy rights; or (v) your violation of any applicable law or regulation.
person_off
15. Termination
15.1 Termination by You
You may delete your account at any time through your account settings. Deletion cancels your subscription and removes your User Content subject to the retention periods described in our Privacy Policy.
15.2 Termination by Us
We reserve the right to suspend or terminate your account with immediate effect and without prior notice or refund if you: (i) materially breach these Terms; (ii) engage in fraudulent activity; (iii) use the Service in a manner that harms us or other users; or (iv) fail to pay any amounts due. For non-material breaches, we will provide written notice and a 7-day cure period before termination.
15.3 Effect of Termination
Upon termination: (i) your license to use the Service ends immediately; (ii) your xrCards become inactive and inaccessible to end users; (iii) you lose access to your XR Credits and any unused plan benefits; (iv) your User Content is scheduled for deletion per our Privacy Policy. Sections 9, 10, 12, 13, 14, 16, and 17 of these Terms survive termination.
account_balance
16. Governing Law & Dispute Resolution
16.1 Governing Law
These Terms are governed by and construed in accordance with the laws of [YOUR_JURISDICTION], without regard to its conflict of law provisions. If you are a consumer in the European Union, you also benefit from the mandatory consumer protection provisions of your country of residence.
16.2 Informal Resolution
Before initiating any formal legal action, both parties agree to attempt to resolve any dispute informally by contacting the other party in writing. We will use commercially reasonable efforts to resolve the matter within 30 days of receiving written notice of the dispute.
16.3 Jurisdiction
If informal resolution fails, disputes shall be submitted to the exclusive jurisdiction of the competent courts of [YOUR_JURISDICTION]. EU consumers may also use the European Commission's Online Dispute Resolution platform: ec.europa.eu/consumers/odr.
16.4 Class Action Waiver
To the extent permitted by applicable law, you agree that any proceedings to resolve disputes will be conducted on an individual basis. You waive the right to participate in any class action, class-wide arbitration, or any representative proceeding.
article
17. General Provisions
chevron_right
Entire Agreement:
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.
chevron_right
Severability:
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force.
chevron_right
No Waiver:
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
chevron_right
Assignment:
You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights to any successor entity in a merger, acquisition, or sale of assets.
chevron_right
Force Majeure:
We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, power outages, cyberattacks, or governmental actions.
chevron_right
No Agency:
Nothing in these Terms creates a partnership, employment relationship, or agency between you and us.
chevron_right
Notices:
Notices to you will be sent to your registered email address. Notices to us must be in writing and sent to [CONTACT_EMAIL].
update
18. Changes to These Terms
We reserve the right to update these Terms at any time. For material changes, we will provide at least 14 days' advance notice by email and/or by posting a prominent notice on the Service. Non-material changes (e.g., typographical corrections, clarifications) take effect immediately upon posting. The "Last updated" date at the top of this page reflects the current version. Continued use of the Service after the effective date of changes constitutes acceptance.