Terms of Service
Effective Date: September 17, 2025
These Terms of Service (“Terms”) are a legal agreement between FantaPass MR Studio Inc. (“FantaPass,” “we,” “us,” or “our”) and you. They govern your access to and use of our games, applications, websites, and related services, including Superhero IRL and any future titles or services we release (collectively, the “Services”).
By selecting “I Agree,” or by downloading, installing, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services. We may require in-game acceptance; your continued use after notice of changes also constitutes acceptance.
1. Eligibility and Accounts
1.1 Age. The Services are not intended for children under 13. If you are 13 or older but under the age of majority in your jurisdiction, you must review these Terms with a parent or legal guardian and obtain their consent and supervision.
1.2 Platform Requirements. Access may require a valid account with a platform provider, such as Meta Quest. You must comply with all applicable platform terms and eligibility rules.
1.3 Account Security. You are responsible for the confidentiality of your credentials and for all activities under your account. We may suspend or terminate access for any breach of these Terms or applicable platform policies.
2. Privacy
Your use of the Services is subject to our Privacy Policy, which explains what personal data we process, how and for what purposes we process it, and how you may request deletion. By using the Services, you acknowledge that you have reviewed and agree to our Privacy Policy.
Platform providers may also process your data under their own policies.
To learn more about our privacy policy, please refer to https://www.fantapassmr.com/privacy-policy
3. License and Intellectual Property
3.1 License Grant. Subject to these Terms, FantaPass grants you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your individual, non-commercial entertainment.
3.2 Reservation of Rights. All title, ownership, and intellectual property rights in the Services are owned by FantaPass and its licensors. No rights are granted except as expressly stated.
3.3 Restrictions. You may not copy, distribute, publicly display, modify, create derivative works from, reverse engineer, or otherwise exploit the Services, except where permitted by law. You may not use our names, logos, or assets without our prior written consent.
4. User Conduct
You agree not to:
a) harass, threaten, or abuse any person;
b) engage in illegal, unsafe, or dangerous conduct in connection with the Services;
c) cheat, exploit bugs, use unauthorized software or hardware, or interfere with networking or security;
d) commercialize the Services or virtual items without written authorization;
e) post or transmit unlawful, infringing, or otherwise objectionable content;
f) impersonate any person or misrepresent affiliation;
g) introduce malware or disrupt the Services;
h) scrape, crawl, or use automated means without authorization;
i) aid or encourage any of the foregoing.
We may remove content, suspend, or terminate access to protect users and the integrity of the Services.
5. Player Responsibility and Physical Risk
NOTICE: BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN SAFETY, THE SAFETY OF OTHERS, AND THE PROTECTION OF PROPERTY. FANTAPASS DISCLAIMS ALL LIABILITY FOR ANY INJURY OR DAMAGE RESULTING FROM UNSAFE PLAY OR FAILURE TO MAINTAIN A SAFE ENVIRONMENT.
5.1 Awareness of Surroundings. While using the Services, you must remain aware of your real-world surroundings and play only in safe, obstacle-free environments. Mixed reality gameplay can distract you from hazards. Ensure your play area is clear of people, pets, furniture, fragile items, and other obstacles that could cause harm or damage.
5.2 Safe Environment. Do not use the Services in unsafe or hazardous areas, including near staircases, balconies, glass, pools, traffic, or other locations that may increase the risk of injury or property damage. Remove or secure potential tripping hazards, ensure stable footing, and maintain adequate space for movement.
5.3 Physical Exertion and Health. The Services may involve physical activity. You are solely responsible for knowing your own health and physical condition and for playing within your limits. If you have any medical condition that could be affected by physical exertion or visual stimulation, consult a physician before use. Stop immediately if you experience dizziness, chest pain, difficulty breathing, nausea, disorientation, or any other concerning symptoms.
5.4 Responsibility for Property and Others. You are responsible for ensuring that your use of the Services does not cause harm to other people or damage to property. Do not trespass or use the Services in ways that could create danger to others.
5.5 Assumption of Risk. By using the Services, you acknowledge and agree that playing mixed reality games carries inherent risks of property damage, injury, or other harm. You accept and assume all such risks arising from your use of the Services.
5.6 Release of Liability. To the maximum extent permitted by law, you acknowledge and agree that FantaPass MR Studio Inc. is not liable for any property damage, personal injury, or death that may occur in connection with your use of the Services, whether due to your failure to follow these precautions, failure to exercise reasonable care, or as a result of interactions with people, objects, or the environment in or around your play area.
6. Multiplayer, Networking, and Third-Party Services
6.1 Connectivity. Online features may rely on peer-to-peer connectivity, voice, and other networking functions provided by third parties such as Epic Online Services and by platform providers such as Meta.
6.2 Third-Party Terms. Your use of platform and networking services is subject to those providers’ terms and policies. We are not responsible for outages, latency, data loss, or other issues attributable to third-party services.
6.3 User Communications. Certain profile elements, movements, or communications may be visible to other players during multiplayer sessions. Exercise judgment and avoid sharing personal information.
7. Purchases and Virtual Content
7.1 Transactions. Purchases of the Services, downloadable content, or in-game items are processed by platform providers under their terms, including billing and refund rules.
7.2 Virtual Items. Virtual items and game currency have no cash value and are licensed, not sold. We may add, modify, or discontinue virtual items or features without liability.
8. Updates, Availability, and Changes
We may provide patches or updates that are required for continued use. Features may change or be discontinued. We do not guarantee continuous availability or compatibility on all devices or versions.
9. Disclaimers
The Services are provided “as is” and “as available.” To the fullest extent permitted by law, FantaPass disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant uninterrupted, secure, or error-free operation, or that defects will be corrected. Safety guidelines reduce but cannot eliminate risk; you are responsible for your use.
10. Limitation of Liability
To the maximum extent permitted by law, FantaPass and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to the Services or these Terms, whether based in contract, tort, or any other legal theory. This includes without limitation personal injuries, property damage, loss of data, loss of profits, or loss of goodwill.
If liability is found notwithstanding the foregoing, FantaPass’s total liability to you for all claims shall not exceed the greater of one hundred U.S. dollars (US$100) or the amounts you paid to FantaPass for the Services in the six months preceding the claim, up to a maximum cap of one thousand U.S. dollars (US$1,000). Some jurisdictions do not allow certain exclusions or limitations; in those jurisdictions, liability will be limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless FantaPass and its affiliates, directors, officers, employees, agents, partners, and licensors from and against claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to your use of the Services, your violation of these Terms, your violation of law, or your injury to persons or damage to property while using the Services.
12. Arbitration and Class Action and Jury Trial Waivers
NOTICE: THIS SECTION AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL ARBITRATION AND WAIVES THE RIGHT TO JURY TRIALS AND CLASS ACTIONS.
a. Arbitration. You and FantaPass MR Studio Inc. agree that any dispute, claim, or controversy between you and FantaPass, including without limitation any dispute, claim, or controversy arising out of or relating to these Terms or the Services, their breach, termination, enforcement, interpretation, or validity (collectively, “Disputes”), will be exclusively resolved by individual, binding arbitration in accordance with this Section. The arbitrator shall also decide all threshold issues of arbitrability, including issues relating to whether these Terms are unconscionable or illusory, and any defense to arbitration such as waiver, delay, laches, or estoppel.
b. Injunctive or Other Equitable Relief. Notwithstanding subsection (a), either party may bring an individual action in small claims court, provided the action is not removed or appealed to a court of general jurisdiction. In addition, (i) each party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights; and (ii) FantaPass may bring an action in a court of competent jurisdiction relating to your violation of Section 4 (User Conduct). Any such Disputes shall be governed by Delaware law and controlling U.S. federal law, and shall be subject to the exclusive jurisdiction of, and you consent to venue in, the state and federal courts located in Delaware.
c. Class Action and Jury Trial Waivers. You acknowledge and agree that you and FantaPass are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Unless you and FantaPass expressly agree otherwise in writing, any arbitration will proceed solely on an individual basis. If any court or arbitrator determines this waiver is unenforceable with respect to a particular claim, then this entire arbitration agreement shall be null and void as to that claim, and the claim must proceed in court. Except as stated, this arbitration agreement survives termination of these Terms.
d. Opt-Out Procedures. You may opt out of this arbitration agreement by sending a written notice by email to contact@fantapassmr.com within thirty (30) days of first accepting these Terms or first using the Services, whichever is later (“Opt-Out Period”). The notice must include your full legal name, mailing address, email address associated with your account, a clear statement that you wish to opt out of this arbitration agreement, and your signature. If you do not opt out within the Opt-Out Period, you will be bound by this arbitration agreement. Opting out of this arbitration agreement does not affect your other agreements with FantaPass.
e. Arbitration Rules and Forum. All Disputes shall be submitted to JAMS for arbitration before a single arbitrator in accordance with the JAMS Rules then in effect, including the JAMS Mass Arbitration Procedures and Guidelines if applicable, except as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. If 75 or more similar arbitration demands are filed by or with the assistance of the same law firm or organization, the JAMS Mass Arbitration Rules shall apply. If JAMS is not available, the parties shall mutually select an alternative arbitral forum.
f. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution. Before commencing arbitration, you and FantaPass agree to make good-faith efforts to resolve any Dispute informally. You must first send a written Notice of Dispute to contact@fantapassmr.com, including: (i) your full legal name, mailing address, and email address; (ii) a description of the nature and basis of the Dispute; and (iii) a personally signed statement verifying the accuracy of the Notice. After receiving the Notice, both parties will attempt to resolve the Dispute in good faith for sixty (60) days. Either party may request a settlement conference via telephone or video, which both must attend. Compliance with this process is a condition precedent to filing arbitration.
g. Location and Procedure. If unresolved, arbitration will proceed. For Disputes under $10,000, arbitration will be conducted solely on the basis of documents unless the arbitrator determines a hearing is necessary. For larger claims, hearings may be conducted remotely or, if required, in person in Delaware or another mutually agreed location. The arbitrator may order a reasonable exchange of information consistent with the expedited nature of arbitration. The arbitrator’s award shall include a statement of essential findings and conclusions.
h. Confidentiality. The arbitrator may issue protective orders to ensure that confidential information disclosed during arbitration is not used outside the proceeding. Any permitted court filings containing confidential information must be made under seal to the extent allowed by law.
i. Opt-Out of Future Changes. If FantaPass makes any material change to this arbitration agreement in the future, you may reject the change by sending written notice to contact@fantapassmr.com within thirty (30) days of the change. This opt-out applies only to the change; it does not reject this arbitration agreement as a whole.
13. Governing Law and Venue
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles. For any claim not subject to arbitration, the exclusive jurisdiction and venue shall be the state or federal courts located in Delaware, and you consent to personal jurisdiction in those courts, except where applicable law requires a different venue for consumer claims.
14. Suspension and Termination
We may suspend or terminate access if you breach these Terms, if required by law or platform rules, or if we discontinue the Services. Upon termination, your license ends and you must cease use and delete copies in your possession. Terms intended to survive termination shall remain in effect.
15. Changes to Terms
We may modify these Terms at any time. Material changes will be communicated through reasonable means, which may include posting on our website or in-Service notice. Changes are effective when posted or on the stated effective date. Continued use after changes constitutes acceptance.
16. No Waiver; Severability; Entire Agreement
No failure to enforce a provision constitutes a waiver. If any provision is found invalid or unenforceable, it will be replaced by a valid provision that most closely reflects the original intent, and the remainder will continue in full force. These Terms, together with the Privacy Policy and any policies incorporated by reference, constitute the entire agreement between you and FantaPass regarding the Services.
17. Contact
FantaPass MR Studio Inc.
Registered Office: 8 The Green, Suite B, Dover, DE 19901, USA
Office: 600 California St, Floor 12, Suite 039, San Francisco, CA 94108, USA
Email: contact@fantapassmr.com
18. Acknowledgment
By clicking “I Agree,” installing, accessing, or using the Services, you acknowledge that you have read, understood, and agree to these Terms.