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EON-XR Platform Software as a Service Subscription Service Agreement

EON Reality Inc., a California corporation, with its principal place of business located at 18 Technology Drive, Suite 110, Irvine, California 92618, United States.

1. Definitions

“EON-XR Platform Service” or “Service” means the EON Reality extended reality platform software as a service, including all features, applications, content libraries, and related services.

“Customer” means any entity or individual that accesses, uses, procures, or distributes the EON-XR Platform Service. Customer includes distributors, resellers, and partners who are deemed to have constructive notice of these terms through

  • Incorporation by reference in distribution agreements;
  • Standard industry practice; and
  • The availability of these terms upon request from EON Reality.

“End Users” means individuals who access or use the EON-XR Platform Service through Customer’s account or distribution.

“Customer Data” means all data, information, and content related to Customer’s procurement, distribution, and use of the EON-XR Platform Service.

“Usage Data” means all information reflecting access, use, licensing, and distribution of the EON-XR Platform Service.

2. Mandatory Customer Disclosure Requirements

2.1 Required Information Disclosure

Customer shall provide and maintain accurate, complete, and current disclosure of the following information in accordance with industry standard practices adopted by major technology providers:

  1. End user names and contact information – Complete identification and contact details for all individuals accessing the EON-XR Platform Service, consistent with Microsoft, Oracle, and IBM partner reporting requirements.
  2. Number of licenses purchased by each end user – Detailed accounting of all license acquisitions and distributions, following standard technology industry practices.
  3. Pricing documentation for all transactions – Complete records of all pricing, payments, and financial arrangements as required by technology platform compliance standards.
  4. Complete end user purchase documentation – All contracts, agreements, and transaction records related to EON-XR Platform Service distribution, in accordance with industry standard transparency requirements.

2.2 Industry Standard Compliance Requirements

Customer acknowledges that these disclosure requirements align with established industry standards adopted by major technology companies including Microsoft, Oracle, IBM, SAP, Google, and other enterprise platform providers.

Customer shall provide monthly reports containing all required disclosure information specified in Section 2.1. Failure to provide complete and accurate disclosure constitutes material breach of this Agreement and violates standard technology industry partnership practices.

2.3 Audit and Verification Rights

EON Reality reserves the right to audit Customer’s compliance with disclosure requirements at any time. Customer shall provide immediate access to all records, documentation, and information necessary to verify compliance.

3. Service Provision And Access

3.1 Platform Access

Subject to compliance with this Agreement, EON Reality provides Customer access to the EON-XR Platform Service. Continued access is conditioned upon Customer’s ongoing compliance with all disclosure requirements.

3.2 Usage Monitoring

EON Reality monitors all usage of the EON-XR Platform Service and collects Usage Data for operational, billing, compliance, and business purposes. Customer consents to such monitoring and data collection.

3.3 Third-Party Compliance and Industry Standards

Customer acknowledges that EON Reality’s provision of the EON-XR Platform Service requires compliance with multiple third-party technology suppliers including but not limited to Microsoft, Oracle, IBM, SAP, Google, and other Fortune 500 technology companies. Customer’s disclosure obligations are necessary to maintain these critical business relationships and comply with industry standard partner requirements universally adopted across the technology sector. These requirements represent standard commercial practices that ensure platform integrity and regulatory compliance.

4. Data Processing And Confidentiality

4.1 Customer Data Processing and Industry Standards

EON Reality processes Customer Data in accordance with industry standard practices as necessary for:

  • Service provision and platform operation consistent with major technology provider standards.
  • Billing and fee determination following established technology industry practices.
  • Compliance with third party supplier requirements adopted by Microsoft, Oracle, IBM, and other major platforms.
  • Business analytics and reporting in accordance with standard technology industry practices.
  • Regulatory and legal compliance requirements standard across the technology sector.

4.2 Data Security

EON Reality maintains commercially reasonable security measures for Customer Data protection while reserving the right to process such data for legitimate business purposes as specified herein.

5. Compliance And Termination

5.1 Material Breach

Failure to comply with disclosure requirements in Section 2 constitutes material breach. EON Reality may immediately suspend or terminate Service access upon such breach.

5.2 Cure Period

Customer has thirty (30) days from written notice to cure any disclosure breach. Failure to cure within this period results n automatic termination of Service access.

5.3 No Refund Upon Breach

No fees are refundable upon termination for Customer’s breach of disclosure requirements.

6. Fees And Payment

6.1 Fee Determination

EON Reality may access and use Customer Data, including end user information, end user agreements and transction records, as reasonably necessary to determine that the appropriate fees were utilized for EON-XR Platform Service usage and distribution.

6.2 Payment Terms

All fees are due within thirty (30) days of invoice. Late payments may result in Service suspension.

7. Intellectual Property

7.1 EON Reality Ownership

EON Reality owns all rights, title, and interest in the EON-XR Platform Service, including all intellectual property rights therein.

7.2 Customer Data Ownership

Customer retains ownership of Customer Data while granting EON Reality the right to process such data in accordance with this Agreement.

8. Warranties And Disclaimers

8.1 Limited Warranty

EON Reality warrants that the EON-XR Platform Service will perform substantially in accordance with its documentation when used in compliance with this Agreement.

8.2 Disclaimer

Except as expressly stated herein, the eon-xr platform service is Provided “as is” without warranties of any kind. Eon reality Disclaims all other warranties, express or implied, including Merchantability and fitness for a particular purpose.

9. Limitation Of Liability

To the maximum extent permitted by law, eon reality’s total Liability arising from this agreement shall not exceed the fees Paid by customer for the eon-xr platform service in the twelve (12) Months preceding the event giving rise to liability.

10. General Provisions

10.1 Governing Law

This Agreement is governed by California law, excluding conflict of law principles.

10.2 Entire Agreement

This Agreement constitutes the complete agreement regarding the EON-XR Platform Service and supersedes all prior agreements.

10.3 Amendment

EON Reality may modify this Agreement at any time by posting updated terms. Continued use of the EON-XR Platform Service constitutes acceptance of modifications.

10.4 Severability

If any provision is deemed invalid, the remaining provisions shall remain in full force and effect.

11. Incorporation By Reference And Constructive Notice

11.1 Deemed Knowledge and Accessibility

Any party entering into agreements that reference this EON-XR Platform Software as a Service Subscription Service Agreement is deemed to have constructive notice of all terms contained herein, whether this document was physically provided at the time of contracting. Such constructive notice arises from:

  • Standard industry practice of incorporating platform terms of service by reference.
  • The commercially reasonable expectation that technology platform users will review applicable service terms.
  • The availability of this Agreement upon request from EON Reality.
  • The universal industry practice among major technology providers of maintaining accessible terms of service.

11.2 No Defense Based on Non-Receipt

Failure to specifically request, review, or receive a copy of this Agreement does not constitute a defense to the obligations contained herein where this Agreement has been incorporated by reference in any distribution, licensing, or partnership agreement.

BY ACCESSING, USING, OR DISTRIBUTING THE EON-XR PLATFORM SERVICE, YOU AUTOMATICALLY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. This automatic acceptance model follows industry standards adopted by major technology providers including Microsoft, Oracle, IBM, SAP, Google, and other enterprise software companies.

DEEMED NOTICE AND ACCESSIBILITY: This Agreement is deemed accessible to all users through:

  • Standard industry practice of posting terms of service for technology platforms;
  • Availability upon request from EON Reality; and
  • Constructive notice through incorporation references in distribution agreements. No separate signature or acceptance is required.

Use of the EON-XR Platform constitutes full acceptance of these terms and all disclosure obligations contained herein, regardless of whether the user has specifically reviewed this document.

EON Reality Inc.
18 Technology Drive, Suite 110
Irvine, California 92618
United States

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