ZiaVision Logo

Terms of Service

Last Updated: May 22, 2025

1. Acceptance of Terms

By accessing or using ZiaVision's website, applications, or XR eyewear products (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services.

These Terms constitute a legally binding agreement between you and ZiaVision ("we," "our," or "us") regarding your use of the Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

3. Using Our Services

3.1 Eligibility

You must be at least 13 years old to use our Services. If you are under 18, you must have your parent or guardian's permission to use the Services and they must agree to these Terms on your behalf.

3.2 Account Registration

Some aspects of our Services may require you to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account.

3.3 Acceptable Use

You agree not to use the Services to:

  • Violate any applicable law or regulation
  • Infringe the intellectual property rights of others
  • Transmit any material that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Interfere with or disrupt the Services or servers or networks connected to the Services
  • Collect or store personal data about other users without their consent
  • Engage in any activity that could disable, overburden, damage, or impair the Services

4. Intellectual Property

4.1 Our Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ZiaVision, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

4.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal, non-commercial use. This license does not include any resale or commercial use of the Services or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services or their contents; or any use of data mining, robots, or similar data gathering and extraction tools.

5. User Content

Our Services may allow you to create, upload, post, send, receive, and store content. When you do that, you retain ownership rights in such content, but you grant us a license to use it. Specifically, you grant ZiaVision a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised.

5.1 Content Restrictions

You represent and warrant that your content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your content will not contain material that is unlawful, defamatory, obscene, offensive, harassing, or otherwise objectionable.

6. Purchases and Subscriptions

If you purchase any products or services through our Services, you agree to pay all fees and applicable taxes in a timely manner with a valid payment method. All payments are non-refundable except as expressly set forth in our Refund Policy or as required by applicable law.

7. Disclaimer of Warranties

THE SERVICES ARE 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, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8. Limitation of Liability

IN NO EVENT WILL ZIAVISION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9. Indemnification

You agree to defend, indemnify, and hold harmless ZiaVision, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.

10. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of New Mexico, without giving effect to any choice or conflict of law provision or rule.

11. Dispute Resolution

Any legal action or proceeding arising out of or relating to these Terms or your use of the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of New Mexico, in each case located in the City of Albuquerque and County of Bernalillo, and you irrevocably submit to the jurisdiction of such courts in any such action or proceeding.

12. Severability

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

13. Entire Agreement

These Terms constitute the entire agreement between you and ZiaVision regarding your use of the Services and supersede all prior and contemporaneous written or oral agreements between you and ZiaVision.

14. Contact Information

If you have any questions about these Terms, please contact us at:

ZiaVision
Email: jon@ziavision.com
Address: Artesia, New Mexico, USA 88210
Phone: (575) 231-4271