Terms of Use

1. Acceptance of the Terms of Use

These Terms of Use apply to your access to and use of the Readality App, the Readality websites, and the webpages, platform, services and content therein or provided thereby (collectively, the “Services”) provided by Readality Inc., a corporation incorporated under the laws of Canada with its principal place of business at 1455 Blvd. De Maisonneuve Ouest, Montreal, Quebec H3G 1M8 (including its affiliates, hereinafter “Readality”, “us” or “we”).

By using the Services, logging in to the Services, publishing User Postings, and/or clicking a button on the Services indicating your consent, you agree to (1) these Terms of Use and (2) our Community Guidelines, which are incorporated herein by reference (collectively, the “Agreement”), and you acknowledge that you have read and understood our Privacy Policy. The Agreement constitutes the entire agreement between Readality and you regarding the Services. If you do not agree to the Agreement, you may not access or use the Services.

If you publish or monetize content on Readality as a creator, your publishing relationship with Readality is governed by the Independent Creator Agreement, which prevails over these Terms with respect to that relationship.

If you are using the Services on behalf of another person or entity, you represent that you have the authority to bind that person or entity to the Agreement, and “you” or “your” in the Agreement includes such person or entity. When using the Services, you are also subject to any posted guidelines or rules applicable to specific services, features or offers, which are hereby incorporated by reference into the Agreement.

2. Changes to the Terms of Use

Readality may make changes to the Agreement from time to time by publishing amended versions on the Services. We will provide you with notice of any changes that materially affect your rights by email, by notification within the Services, and by updating the revision date at the top of the Agreement, no less than thirty (30) days before such changes take effect where required. Your continued use of the Services after the effective date of the changes will confirm your acceptance. If you do not agree to the modified Agreement, you must stop using the Services.

3. Definitions

“Tokens” means the virtual currency that may be purchased and/or earned by you to access certain Digital Content offered on the Services. The reference value is 1 Token = $0.20 CAD.

“Digital Content” means comics, graphic novels, manga, bandes dessinées, webtoons and other digitized works, including episodes and chapters, together with spatial, animation and sound elements, made available on the Services by Readality, publishers or independent creators.

“Readality App” means Readality's XR reading applications, storefront, environments and software (including updates and upgrades) through which you can browse, purchase access to, stream, download and read Digital Content, and manage your library and account settings.

“XR Device” means a virtual, augmented or mixed reality headset or glasses supported by the Readality App. The Services are currently available on Meta Quest devices; supported devices may be added or changed over time.

“User Postings” means content you and other users submit to the Services — including comments, reviews, profile information and contributions to community features — other than works published under the Independent Creator Agreement.

“Third-Party Platforms” means the platforms, app stores and payment infrastructures through which the Readality App is distributed and purchases are processed (e.g., Meta, and in the future other device platforms).

4. The Service; XR Devices and Requirements

Readality is an XR-native reading platform: the reading experience is designed for and available exclusively on supported XR Devices. To use the Services you need a compatible XR Device, an account with the applicable Third-Party Platform (e.g., a Meta account), a Readality account where required, and an internet connection. Data or connectivity charges from your provider are your responsibility.

The Services are currently available on Meta Quest. We intend to support additional devices and platforms over time; availability of the Services, of specific features and of specific Digital Content may vary by device, platform and geographic location, and may change from time to time.

Readality may make updates or upgrades available to keep the Readality App current, secure and functional. If you do not install updates, the Services may not function correctly or securely, and you may lose access to certain features. You may use the software comprising the Services only on the devices for which it is made available, and you may not separate components of the software for use elsewhere, transfer it for use on unsupported devices, or sell, rent, lease, lend, distribute, sublicense or otherwise assign rights to it. We cannot guarantee the Services will correctly or immediately reflect your preferences and actions at all times.

5. Accounts and Eligibility

a) Minimum age. To use the Services, you must be at least thirteen (13) years old, or the minimum permissible age under the law of your jurisdiction if higher (the “Minimum Age”), and you must meet any minimum age required by the manufacturer of your XR Device. Use of the Services by anyone under the Minimum Age is unauthorized. If you are between the Minimum Age and the age of majority in your jurisdiction (a “Minor”), you may only use the Services under the supervision and with the consent of a parent or legal guardian (a “Representative”) who agrees to be bound by the Agreement. Representatives are liable for the acts and omissions of the Minors they represent, and should discuss online and XR safety with them. We may request evidence of your age or of a Representative's consent, and may terminate your access if any representation proves inaccurate. In Quebec, personal information of a minor under fourteen (14) is not collected without the consent of the person having parental authority, as described in our Privacy Policy.

b) Accounts. You are responsible for keeping your account information current, for maintaining the confidentiality of your credentials, and for all activity occurring under your account. Notify us promptly of any unauthorized use of your account or other breach of security. We are not liable for losses you incur as a result of someone else using your account, with or without your knowledge, and you may be held liable for losses incurred by Readality or others due to unauthorized use of your account. You may not use anyone else's account without the account holder's permission.

6. XR Health and Safety

Reading in XR is an immersive physical experience. Before and while using the Services, you agree to follow the health and safety guidelines provided by the manufacturer of your XR Device, and in particular to:

• Use the Services in a safe, clear physical space, away from stairs, windows, furniture, objects and other people, and remain aware of your real surroundings;
• Take regular breaks, and stop immediately if you experience discomfort, eye strain, dizziness, nausea, disorientation or fatigue;
• Not use the Services while walking in uncontrolled environments, driving, operating machinery, or in any situation requiring attention to your physical surroundings; and
• Consult a doctor before use if you are pregnant, elderly, have a heart condition, a history of seizures or epilepsy, or other pre-existing medical conditions — a small percentage of people may experience seizures triggered by light flashes or patterns, even with no prior history.

Minors should use XR Devices only in accordance with the device manufacturer's age guidance and under the supervision of a Representative. To the extent permitted by applicable law, you assume the risks inherent in the physical use of an XR Device; this section does not limit Readality's liability where such limitation is prohibited by law (see Section 16).

7. Digital Content: Ownership and Your License

a) Ownership. The Services (including the Readality App and websites) are owned by Readality. Digital Content made available on the Services is owned by the applicable publisher, creator or rights holder and licensed to Readality for distribution. The Services' software, visual interfaces, XR environments, interactive elements, features, graphics, design, compilation, computer code, look and feel, and all other elements are protected by intellectual property and other laws of Canada and other countries. Readality does not transfer any title, right or interest in the Services or the Digital Content to you.

b) License to you. Upon your purchase, unlock or other authorized access to Digital Content, Readality grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, stream, download (where the feature is available, for offline reading on your authorized XR Device) and read such Digital Content within the Services, solely for your personal, non-commercial use, in the geographic locations where the Services and such Digital Content are offered. Digital Content is licensed to you, not sold, transferred or assigned.

c) Availability. The availability of Digital Content may vary by device, platform and geographic location and may change over time. If a creator or publisher removes Digital Content you have purchased, you retain access to it for a grace period of thirty (30) days from the effective date of removal, after which it is permanently removed from your library. Access unlocked temporarily (e.g., via the Daily Pass) expires as indicated at the time of unlocking (currently 72 hours).

d) Limitations. Unless expressly permitted in writing by Readality, you may not copy, capture, record, extract, redistribute, transmit, sell, rent, lease, convey, post, perform, broadcast, display, or sublicense Digital Content or make it available to third parties; edit, modify, translate or create derivative works or adaptations of Digital Content; reproduce Digital Content onto any medium or device beyond the offline storage authorized within the Readality App; or remove or alter any trademark, copyright or other proprietary notice. You may not circumvent, disable, impair or defeat any digital rights management, encryption or content-protection technology used to deliver or protect Digital Content, or attempt to do so. You may not use Digital Content in any unlawful or infringing manner. These limitations do not apply to your own User Postings.

8. Tokens, Purchases and Daily Pass

a) Nature of Tokens. Some Digital Content requires the redemption of Tokens. You do not own Tokens, whether purchased or earned; they are not personal property, hold no monetary value outside the Services, and are not redeemable for money. You are granted a limited, non-transferable, revocable, non-exclusive license to use Tokens solely to access content on the Services.

b) Purchases via Third-Party Platforms. Token purchases are processed by the Third-Party Platform through which you use the Readality App (e.g., Meta's in-app purchase system) under that platform's terms and payment methods. Readality does not receive or store your payment card details. Prices, token bundles and the number of Tokens required to access content are displayed in the Services and may change from time to time; the terms in effect at the time of your purchase or redemption apply.

c) Refunds. To the extent permitted by applicable law, all Token sales are final. Refund requests for purchases processed by a Third-Party Platform are subject to that platform's refund policies. Nothing in this section limits any refund right that cannot be waived under applicable consumer protection law, including the Quebec Consumer Protection Act.

d) Promotional Tokens and Daily Pass. We may offer promotional Tokens free of charge; promotional Tokens may expire after a period we designate, and are applied before purchased Tokens when you unlock content. Where a creator has enabled the Daily Pass on a series, you may unlock one designated episode for free every 24 hours, with temporary access of 72 hours per unlock.

e) Limits and fraud. We may set and modify limits on the Token balance held in your account and on purchase volumes, and may refuse or reverse a transaction we reasonably suspect to be unauthorized, fraudulent or unusual. Tokens may only be used by the account that purchased or earned them, and may not be transferred, sold, gifted, traded or exchanged for value outside the Services; any such transfer is void.

f) Discontinuance. Upon at least one (1) month's prior notice, we may discontinue the use of Tokens for business or technical reasons, in which case unused Tokens will expire on the specified date, subject to any rights you have under applicable law.

9. User Postings; Feedback

a) License of User Postings. For any User Posting you post or submit through the Services, you grant Readality, to the maximum extent permitted by applicable law, a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to access, use, host, cache, store, reproduce, transmit, display, publish and distribute such User Posting for the purposes of operating, maintaining, improving and promoting the Services, for as long as the User Posting remains on the Services and for a reasonable period thereafter as needed for backups and legal compliance. For clarity, works you publish as a creator are not User Postings; they are governed exclusively by the Independent Creator Agreement, including its protective limitations on Readality's rights.

b) Your responsibility. You represent and warrant that you own or have obtained all rights necessary to grant the license above, and that your User Postings will not violate the Community Guidelines or any third-party right, including copyright, image, publicity or privacy rights. Anything you share in public or shared areas of the Services can be seen by other users; use caution when disclosing personal information.

c) Feedback. We welcome feedback, comments and suggestions for improving the Services (“Feedback”). You grant Readality a perpetual, irrevocable, worldwide, royalty-free license to use and disclose Feedback in any manner and for any purpose, without further notice or compensation. Feedback does not include Digital Content or works governed by the Independent Creator Agreement.

10. Acceptable Use

You may not access or use, or attempt to access or use, the Services to take any action that could harm Readality, its affiliates, service providers, licensors, users or any other third party, interfere with the operation of the Services, or use the Services in a manner that violates any law. For example, and without limitation, you may not:

• Impersonate any person or entity or misrepresent your affiliation or the origin of materials you transmit;
• Allow any other person to use the Services under your account;
• Engage in unauthorized crawling, scraping or harvesting of content or personal information, or use any other unauthorized automated means to compile information available through the Services;
• Capture, record, extract or redistribute Digital Content, including by screen or video capture of XR sessions for redistribution;
• Take any action that imposes an unreasonable or disproportionately large load on Readality's network or infrastructure;
• Use any device, software or routine to interfere with the proper working of the Services, or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
• Attempt to decipher, decompile, disassemble or reverse-engineer any software comprising the Services, or bypass, modify, defeat or tamper with any protection or digital-rights-management functionality;
• Harass, threaten or abuse other users, including in shared reading spaces, comments or any social feature;
• Distribute unauthorized materials or advertise or promote goods or services through the Services without Readality's permission (including by sending spam); or
• Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in Readality's reasonable judgment, exposes Readality, its users or any third party to liability, damages or detriment of any type.

Violations of system or network security may result in civil or criminal liability. Readality may investigate and work with law enforcement authorities in respect of users who violate the Agreement. All licenses are non-exclusive, and all rights not expressly granted in the Agreement are reserved to Readality and its licensors.

11. Content Moderation

You acknowledge and agree that we may use automated and/or discretionary tools, personnel and systems to review, monitor and moderate User Postings, Digital Content and other content and conduct on the Services for violations of the Agreement, the Community Guidelines and applicable law. We may remove content or restrict features without prior notice in case of non-compliance. You may contact our support team to request a review of a moderation decision.

12. Privacy

Readality respects your privacy. Our Privacy Policy describes how we collect and use personal information in connection with the Services, including the important distinction between the limited data Readality receives and the device and payment data collected directly by XR platform operators such as Meta under their own privacy policies. Readality may communicate with you about the Services — including to solicit Feedback, collect information about issues you report, notify you of changes to the Services or the Agreement, and tell you about Readality programs, products or services — in compliance with Canada's Anti-Spam Legislation, with an unsubscribe option for non-essential communications.

13. Third-Party Platforms, Services and Links

The Services depend on Third-Party Platforms for distribution, sign-in and payments, and may contain links to or integrations with third-party services and content. Readality does not control, endorse or accept responsibility for third-party services, content or integrations; your use of them is at your own risk and subject to their own terms and privacy policies. Readality is not responsible for any act, omission, outage, policy change or fee change of a Third-Party Platform. Readality may display its own promotional messages within the Services.

14. Termination and Suspension

You may stop using the Services at any time and may delete your account. We reserve the right, at any time, with or without notice where permitted by law: (i) to modify, suspend or terminate operation of or access to the Services or Digital Content, in whole or in part; and (ii) to interrupt the Services as necessary for maintenance, error correction or other changes. Your rights under the Agreement terminate automatically if you fail to comply with its terms; in such case you must cease all use of the Services, and Readality may revoke your access. Readality may also suspend your access, in whole or in part, pending investigation of a suspected breach. Readality's failure to exercise or enforce any term of the Agreement is not a waiver of that term or of any right or remedy. Sections 7(d), 9, 15, 16, 17, 18 and 19 survive termination.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND DIGITAL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. READALITY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS OR SECURE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY READALITY OR ITS REPRESENTATIVES CREATES A WARRANTY.

If you are a consumer within the meaning of the Quebec Consumer Protection Act or another mandatory consumer protection law, nothing in these Terms excludes or limits the legal warranties or other rights granted to you by such law; the exclusions above apply only to the extent permitted.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, READALITY, ITS LICENSORS AND AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR USE, ARISING OUT OF OR RELATING TO THE SERVICES, THE DIGITAL CONTENT OR THE AGREEMENT, EVEN IF READALITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, READALITY'S AND ITS AFFILIATES' AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING UNDER OR IN CONNECTION WITH THE AGREEMENT IS LIMITED TO THE AMOUNTS YOU ACTUALLY PAID FOR TOKENS OR SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in the Agreement excludes or limits Readality's liability for bodily or moral injury, for damage resulting from its intentional or gross fault (within the meaning of article 1474 of the Civil Code of Quebec), or for any other liability that cannot be excluded or limited under applicable law, including mandatory consumer protection law.

17. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Readality, its affiliates, and their respective officers, directors, employees, agents and partners from and against any losses, liabilities, claims, causes of action, demands and expenses (including reasonable legal fees and costs of investigation) arising out of or relating to your use of the Services or Digital Content, your User Postings, your violation of the Agreement, or your violation of any applicable law or third-party right, including claims of infringement of intellectual property, image or privacy rights by your User Postings. This section does not apply to the extent prohibited by mandatory consumer protection law.

18. Governing Law and Disputes

a) Governing law. The Agreement is governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to conflict-of-law rules.

b) Amicable resolution. In the event of a dispute arising out of or relating to the Agreement, you or Readality must first send the other a written statement setting out the name and contact information of the party giving it, the facts giving rise to the dispute, and a proposed solution (a “Notice of Dispute”). Notices of Dispute to Readality must be sent by email to arthur.loubaresse@readality.com. The parties will attempt in good faith to resolve the dispute through informal negotiation for thirty (30) days from the date the Notice of Dispute is sent, and may, by mutual agreement, submit it to mediation in Montreal. Only after this period may either party commence proceedings, except where urgent interim relief is required.

c) Jurisdiction. Subject to any mandatory rule granting jurisdiction to the courts of your domicile — including the rights of consumers under Quebec law — any dispute not resolved amicably shall be submitted to the courts of the district of Montreal, Province of Quebec, Canada.

d) Access from other countries. Access to the Services may not be lawful for certain persons or in certain countries. If you access the Services from such locations, you do so on your own initiative and are responsible for compliance with local laws.

19. General Provisions

a) Entire agreement; severability. The Agreement is the entire agreement between you and Readality regarding the Services and Digital Content, and supersedes all prior understandings regarding such subject matter. If any term is deemed invalid, void or unenforceable, that term is severable and does not affect the validity and enforceability of the remaining terms.

b) Assignment. You may not assign the Agreement without Readality's prior written consent. Readality may assign the Agreement to an affiliate or in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets.

c) Force majeure. Neither party is liable for delay or failure to perform resulting from causes outside its reasonable control constituting superior force within the meaning of article 1470 of the Civil Code of Quebec, including failures of Third-Party Platforms or telecommunications networks.

d) Language. These Terms have been drawn up in French and in English. The French version was made available to you first, in accordance with the Charter of the French Language (Quebec); by using the English version, you confirm that you have had the opportunity to examine the French version, available at readality.com/terms-fr.html, and expressly wish to be bound by the English version.

20. Contact

For help with the Services or Digital Content, contact us at arthur.loubaresse@readality.com, or by mail at Readality Inc., 1455 Blvd. De Maisonneuve Ouest, Montreal, Quebec H3G 1M8, Canada.