Exclusible Immersive Showroom Terms & Conditions
Please read these Immersive Showroom Terms & Conditions (“Terms”, “T&C”, or “Agreement”)
very carefully. This Agreement is between you (the “User(s)”, “You” and collectively with others
using the Site – “Users”) and EXCLUSIBLE, S.A., a company incorporated in Portugal with
company number (NIPC) 516526774 and registered office at Estr. Portela 5 Piso 3, 2790-124
Carnaxide, Portugal (“Exclusible” “the Company”, “we”, “our” or “us” and together with you,
of the Exclusible Immersive Showroom products and services (the “ Services”).
Please read the following terms carefully. They set out the conditions, rights and
responsibilities regarding the subscription and use of the Services by You, and other important
In order to subscribe and use the Services you will need to accept and comply with these Terms.
You accept these Terms by clicking or pressing any button or box marked as “accept” or “agree”
(or a similar term) in connection with the Services and by accessing any of our Services.
When you accept these Terms, that means that you will comply with and agree to be legally
bound by them.
Please note that we can change these Terms in our sole discretion and at any time. We do this
in accordance with Section 10 below.
If You do not agree to these Terms, you will not be able to subscribe, access and
use the Services.
- The Services – Immersive Showrooms
1.1. Exclusible immersive showrooms are a product developed by Exclusible on its metaverse
platform. The showrooms are customizable 3D virtual metaverse spaces (“Showrooms”)
intended to enable You to showcase your product(s) and/or service(s), in an immersive
online environment, to the Showroom visitors (“Users”).
1.2. By subscribing to the Services, You will be given access to a one time customizable
Showroom service on which You can choose to display your content, brand(s),
trademark(s), logo(s) and digital commercial and marketing materials, such as images,
photographs, illustrations, videos and audio. Showroom customization may include a
display of a maximum of 5 (five) products or services through a virtual representation of
such product or service, which can be showcased with embedded hyperlinks provided by
You. The hyperlinks shall redirect the Users to Your own website or websites or ecommerce platform(s) where your products or services are made available to the public
1.3. In order for Exclusible to customize Your Showroom, You will need to provide Exclusible
with the adequate and necessary information and documentation related to the
Permitted Customization intended, including files in the following formats: JPEG, OBJ,
STL, X3D, MP4, MOV, GLB and PDF (“Showroom Content”).
1.4. Once You have provided Exclusible with all Showroom Content, we will start working on
Your customized Showroom. The customization process may take a maximum of 30
(thirty) days. We will contact you as soon as Your customized Showroom is complete.
1.5. Showroom(s) can be accessed through a personalized hyperlink to be generated and
provided to You by Exclusible once the customization process is concluded.
- Your Exclusible Showroom Account
2.1. To subscribe to the Services, You must create and register an account and must keep your
information complete, current and accurate (the “Exclusible Showroom Account”).
2.2. To register and create an account You will need to provide Your personal or business
information, such as name (personal name or corporate name), e-mail address, postal
address, taxpayer number, payment method and any required additional billing
information. For further information on how we use that information, please see our
2.3. Registration is only permitted for legal entities, partnerships and natural persons who
are 18 years or older. By accepting these Terms, You represent and warrant that you are
not a person or entity prevented from using the Services under the laws of Portugal, your
place of residence, or any other applicable jurisdiction.
2.4. You are responsible for maintaining the confidentiality and security of your Exclusible
Showroom Account credentials and may not disclose your credentials to any third party.
You are responsible and liable for the activities conducted through your account and must
immediately notify Exclusible if you suspect that your credentials have been lost, stolen,
or your account is otherwise compromised.
2.5. Through Your Exclusible Account, You will be able to access and modify your personal or
business details and payment information, and manage the Showroom subscription
service, including its cancellation.
- Subscription, Payment & Cancellation
3.1. The Showrooms are available on a subscription basis and all prices are indicated on the
platform for each different option available (“Paid Subscriptions”).
3.2. To subscribe to a Showroom, You will need to add one or more payment methods to your
Exclusible Account (Visa, Mastercard and American Express are the currently available
payment methods). Exclusible may offer You a free trial period before charging your
payment method. If you want to unsubscribe from a Paid Subscription before your
payment method is charged, cancel the subscription on your Exclusible Showroom
Account at least 24 hours before the free trial ends.
3.3. By the end of the free trial period, the price for the Paid Subscription will be automatically
charged on your payment method. Paid Subscriptions automatically renew each month
on the specific payment date indicated on your Exclusible Showroom Account, until
cancelled by You. Exclusible reserves the right to cancel your Paid Subscription if your
payment method cannot successfully be charged to renew your subscription.
3.4. Subscription payments are non-refundable and Exclusible does not provide refunds or
credits for any partial subscription periods used or unused Showrooms. The Showrooms
are customized digital products and the right of free withdrawal and reimbursement of
subscription prices for individuals, pursuant to the provisions of the Portuguese DecreeLaw no. 24/2014, of February 14th
, does not apply.
3.5. You can cancel your subscription at any time, and you will have access to your Showroom
through the end of the billing period. At the end of your billing period, your Exclusible
Account will be closed, and your Showroom will no longer be available.
3.6. Exclusible may change the subscription conditions and prices from time to time. You will
be notified of any change and such change will only apply 30 (thirty) days following the
- Non-Acceptable uses
In connection with using or accessing the Services, You will not:
(i) Post or display in the Showroom false, inaccurate, misleading, defamatory, or libelous
(ii) display, upload or provide Exclusible with any content and Showroom Content that
may be qualified as defamatory, libelous, harassing, obscene, racist, immoral, or illegal
by any means.
(iii) distribute viruses or any other technologies that may harm Exclusible, or the interests
or property of Exclusible users and Showroom visitors;
(iv) breach or circumvent any laws, third-party rights or Exclusible systems or policies;
(v) provide hyperlinks, sell or make available any items or content that infringes’ any third
parties copyright, trademark or other rights;
(vi) use any robot, spider, scraper or other automated means to access our Services for any
(vii) bypass our robot exclusion headers, interfere with the working of our Services, or
impose an unreasonable or disproportionately large load on our infrastructure;
(viii) export or re-export any application or tools except in compliance with the export
control laws of any relevant jurisdictions and in accordance with posted rules and
(ix) commercialize any Exclusible application or any information or software associated
with such application;
(x) harvest or otherwise collect information about users without their consent; or
(xi) circumvent any technical measures we use to provide the Services;
(xii) copy, templatize, reproduce, distribute, publish, display, perform, modify, create
derivative works, transmit, or in any way exploit any Showroom or Services for any
personal or commercial uses.
- Intellectual property, Copyright, Privacy & Showroom Content
5.1. By using the Services, You and the User represent and warrants that:
(i) are not infringing any Intellectual Property Rights and Copyright owned by or
exclusively licensed to a third-party that may be affected by your use of the Services;
(ii) are not posting and displaying any content or Showroom Content of which you are not
the legal owner or are authorized representative;
(iii) are not infringing any Intellectual Property Rights and Copyright owned by or licensed
to Exclusible. Some, but not all, actions that may be considered as infringement are
reproducing, performing, displaying, distributing, copying, reverse engineering,
decompiling, disassembling, or preparing derivative works from content that belongs
to Exclusible or any third parties:
(iv) are not infringing any third-party privacy rights.
5.2. By subscribing to the Services and/or by providing Showroom Content to Exclusible, you
expressly authorize Exclusible and its affiliates to use, reproduce, and distribute Your
trademarks, logos, symbols, trade names and graphics, images and videos and to use
images and reproductions of your Exclusible Showroom and the Showroom Content to
promote and advertise the Services on its website and platform or any third-party
websites, platforms or channels, including but not limited to video, audio, print and
digital publications, social media and out-of-home advertising media channels. You grant
Exclusible a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable and transferable license to copy, modify, prepare derivative works of,
distribute, publish and otherwise exploit such content.
5.3. Exclusible reserves the right to remove, cancel or suspend public access to any Showroom
if it becomes aware of, or is notified of, any intellectual property right, copyright, privacy
right or any other legal infringement. We reserve the right to remove access to such
Showroom without prior notice.
5.4. Exclusible is entitled to edit, modify, moderate, re-format, change or otherwise remove
all or part of the descriptions, comments and/or annotations that you and/or third
parties add and/or make in relation to the Showroom in any manner deemed appropriate
by Exclusible to cease the infringement.
5.5. You understand and accept that Exclusible does not examine, verify or warrants the
legality, ownership, veracity or accuracy of any Showroom Content or other contents
provided by You or any third parties through the Services, and that Exclusible does not
assume any responsibility for any content made available to the User through your
5.6. Exclusible has no control over, and does not guarantee the existence, quality, safety, or
legality, of any items promoted, advertised or displayed in the Showrooms.
- Risks associated with using the Services
You accept and acknowledge each of the following risks:
(i) You expressly understand and agree that your access to and use of the Services is at
your sole risk and that the Platform is provided on an “as is” basis without any
warranties of any kind. To the fullest extent possible pursuant to applicable law, we,
our subsidiaries, affiliates, and licensors make no warranties regarding the Services.
(ii) There are inherent security risks in providing information and dealing online over the
internet. Exclusible implements appropriate technological and organizational
safeguards to reduce the risk of any security breaches which could result in accidental
or unlawful destruction, loss, alteration, disclosure, or access to your information. We
also release periodic updates to reduce the risk of security incidents.
- Third Parties
7.1. Showrooms are created using Spatial Systems Inc’s Software Platform (“Spatial”)’s
services and technology. By subscribing to anExclusible Showroom, you agree to Spatial’s
7.2. Exclusible does not process any payments directly. All payments on the Exclusible
website and platform related to the Showrooms will involve the use of a third-party
payment service provider, such as Stripe Inc. The payment method included in your
Exclusible Account may be subject to additional terms and conditions. Please review the
payment service provider terms and conditions before using your payment method.
7.3. Exclusible neither own nor control any Third-Party browsers, payment gateway, wallets,
wallet connectors or blockchain networks, or any other Third-Party site, product, or
service that you might access, visit, or use for the purpose of enabling you to use the
various features of the Platform (the “Third-Party Sites”). You understand and agree
provided by such Third-Party Site. We are not a party to any such agreement. You should
make whatever investigation you feel necessary or appropriate with any transaction with
any third party.
7.4. Exclusible provides these Third-Party Sites only as a convenience and we do not review,
approve, monitor, endorse, warrant or make any representations with respect to Third
Party Sites, or their products or services. All Third-Party Sites are used by you at your
7.5. Exclusible will not be liable for the acts or omissions of any Third-Party Sites, nor will we
be liable for any damage that you may suffer as a result of your transactions or any other
interaction with any Third-Party Sites.
7.6. Where our site contains links to other sites and resources provided by any third parties,
these links are provided for your information only. Such links should not be interpreted
as approval by us of those linked websites or information you may obtain from them. We
have no control over the contents of those sites or resources.
- Exclusible Ownership
8.1. All content included in or made available through any Service, such as text, graphics,
logos, button icons, images, videos, audio clips, digital downloads, data compilations, and
software is the property of Exclusible or its content suppliers and protected by Portuguese
and international intellectual property rights laws. The compilation of all content
included in or made available through any Service is the exclusive property of Exclusible.
8.2. Subject to your compliance with these Terms, Exclusible grant You a limited, nonexclusive, non-transferable, non-sublicensable license to access and make use of the
8.3. No Exclusible Service, nor any part of any service, may be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without express
written consent of Exclusible.
8.4. Except as otherwise expressly provided, the use of the Services does not confer any
ownership or other rights in relation to the content, code, data or other materials on the
Platform, the Services or that may be accessed through the Platform, nor over Exclusible
rights or Third-Party rights that may be associated with the Platform and or the Services.
- Product & Service Support
If you have any queries, issues, complaints, suggestions or comments regarding the Service, the
Showrooms, the Exclusible Showroom Account, or the Platform, please contact us at
10.Changes to these Terms
We may amend these Terms at any time. The most current version of these Terms will be posted
on the Site with the “Last Revised” date at the top. Any changes or modifications will be effective
immediately upon posting the revisions to the Site. You shall be responsible for reviewing and
becoming familiar with any such modifications. You waive any right you may have to receive
specific notice of such changes or modifications. Use of the Services by you after any
modification to the Terms constitutes your acceptance of the Terms as modified. If you do not
agree to the Terms in effect when you access or use the Services, you must cancel your
subscription and stop using the Services. We may, at any time and without liability or prior
notice, modify or discontinue all or part of the Services.
These Terms may not be otherwise amended except through mutual agreement by You and an
Exclusible representative authorized to do so.
- Data Protection
Exclusible is the data controller for your information, and we have specific obligations to you
under data protection law. You can find out more about what information we use, what we use
it for and who we share it with in our Privacy Notice. Our Privacy Notice also contains details
about your legal rights in relation to your information (but your legal rights will vary depending
on where you are located).
You agree to indemnify, defend and hold harmless Exclusible and its subsidiaries, affiliates,
officers, agents, employees, advertisers, licensors, suppliers or partners from and against any
claim, liability, loss, damage (actual and consequential) of any kind or nature, suit, judgment,
litigation cost, and lawyers’ fees arising out of or in any way related to (i) your breach of these
Terms, (ii) your misuse of the Service, (iii) your violation of applicable laws, rules, regulations
or the rights of any third party and (iv) any of your acts or omissions that implicate publicity
rights, defamation or invasion of privacy in connection with your access to or use of the Service.
Exclusible reserves the right, at its own expense, to assume exclusive defense and control of any
matter otherwise subject to indemnification by you and, in such case, you agree to cooperate
with Exclusible in the defense of such matter.
13.1. We try to keep the Services safe, secure, and functioning properly, but we cannot
guarantee the continuous operation of, or access to, our Services.
13.2. You must not be located in or use the Services in an OFAC/EAR embargoed or
sanctioned country or be on any Denied Persons List, Entity List, or Unverified List.
13.3. Exclusible (including our parent, subsidiaries, affiliates, directors, agents and
employees) shall not be liable to you in contract, tort (including negligence) or
otherwise for any business losses, such as loss of data, profits, revenue, business,
opportunity, goodwill, reputation or business interruption or for any losses which are
not reasonably foreseeable by us arising, directly or indirectly from:
(i) your use of or your inability to use our Services;
(ii) delays or disruptions in our Services;
(iii) viruses or other malicious software obtained by accessing, or linking to, our
(iv) glitches, bugs, errors, or inaccuracies of any kind in our Services;
(v) damage to your hardware device from the use of any Service;
(vi) the content, actions, or inactions of third parties, including items listed using
(vii) a suspension or other action taken with respect to your account; or
(viii) your need to modify practices, content, or behavior or your loss of or inability to do
business, as a result of changes to these Terms or our policies.
13.4. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages,
so such disclaimers and exclusions may not apply to you. This is especially so if you are
13.5. You accept sole responsibility for the legality of your actions under laws applying to you
and the legality of any items you list on any of our sites.
13.6. Although we use techniques that aim to verify the accuracy and truth of the information
provided by our users, user verification on the internet is difficult. We cannot and do
not confirm, and are not responsible for ensuring, the accuracy or truthfulness of users’
purported identities or the validity of the information which they provide to us or post
on our sites.
13.7. Nothing in these Terms shall limit or exclude our liability for fraudulent
misrepresentation, for death or personal injury resulting from our negligence or the
negligence of our agents or employees, or for any other liability that cannot be limited
or excluded by law.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures,
and employees) for any losses or costs, including reasonable legal fees, we incur arising out of
any breach by you of these Terms, your improper use of the Services or your breach of any law
or the rights of a third party.
- Legal Disputes
These Terms, your access to and use of the Service and content, shall be governed by and
construed and enforced in accordance with the laws of Portugal, without regard to conflict of
law rules or principles of any other jurisdiction that would cause the application of the laws of
any other jurisdiction. Any dispute between the parties that is not subject to arbitration or
cannot be heard in small claims court, shall be resolved in Portugal.
The User can also contact the online dispute resolution service of the European Commission
at the following address: https://ec.europa.eu/consumers/odr.
16.1. If any provision of these Terms is held to be invalid, void or for any reason
unenforceable, such provision shall be struck out and shall not affect the validity and
enforceability of the remaining provisions.
16.2. Exclusible may assign our rights and obligations under these Terms (but without your
prior express consent), provided that we assign these Terms on the same terms, or
terms that are no less advantageous to you.
16.3. If you have a dispute with one or more users, you release us (and our affiliates and
subsidiaries, and our and their respective officers, directors, employees and agents)
from claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, arising out of or in any way connected with such disputes.
16.4. If any provision or part-provision of these Terms is or becomes invalid, illegal or
unenforceable, it shall be deemed modified to the minimum extent necessary to make
it valid, legal and enforceable. If such modification is not possible, the relevant
provision or part-provision shall be deemed deleted. Any modification to or deletion of
a provision or part-provision under this section shall not affect the validity and
enforceability of the rest of these Terms.
regarding the Services, these Terms shall prevail.