WEXVR
END USER TERMS OF SERVICE
Operated by White Exchange S.r.l. (WHTEXCH)
Effective date: 11 May 2026
HOW TO READ THESE TERMS
Who you are contracting with. WEXVR is operated by White Exchange S.r.l. (“WHTEXCH”), an Italian limited liability company based at Via Durini 25, 20122 Milan, Italy. When you purchase an Entitlement on www.wexvr.com, you enter into a contract directly with WHTEXCH. Channel Owners (the professional creators that supply the Content) are not your contractual counterparties for the purchase, although the Content is theirs. WHTEXCH operates the Service as a hosting and video-sharing platform.
Where to find country-specific protections. Schedule A at the end of these Terms enumerates the mandatory consumer rights and the available out-of-court dispute resolution bodies that apply specifically to your region. If you are a consumer resident in one of those jurisdictions, please read the relevant section of Schedule A together with the main Terms.
Where the Service is offered (Service Area). WHTEXCH offers the Service for purchase only to consumers physically located in, and resident in, the jurisdictions, which together constitute the “Service Area” and are available in the Service Area on our “Legal Documentation” page. WHTEXCH may add or remove jurisdictions from the Service Area at its discretion, with reasonable advance notice for the territories affected, where required by law, sanctions, processor or platform requirements, or commercial reasons.
Reading hierarchy. In case of conflict, the following order of precedence applies, from highest to lowest: (1) any non-waivable mandatory rule of your country of habitual residence; (2) the relevant country-specific section of Schedule A; (3) the provisions of these Terms; (4) any incorporated policy or notice.
Please check our Frequently Asked Questions if you have any doubts.
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PARTIES, SERVICE, AND SCOPE
These User Terms of Service (the “Terms”) constitute a legally binding agreement between WHITE EXCHANGE S.R.L., an Italian società a responsabilità limitata (limited liability company) with registered office at Via Durini 25, 20122 Milan, Italy, VAT No. 12380700968 (“WHTEXCH”, “we”, “us”, or “our”), and the individual end user who accesses, registers for, purchases through, or otherwise uses the WEXVR service (“you”, “User”).
“Service” means the WEXVR website (www.wexvr.com), the WEXVR application made available within the Meta Horizon ecosystem on compatible Meta Quest headsets, and any related software, interfaces, application programming interfaces, virtual reality integrations, content delivery, billing, support, moderation, and ancillary functions operated by WHTEXCH from time to time. “Content” means the audiovisual, immersive, interactive or related materials made available through the Service. “Channel Owner” means a professional or business entity that uploads, manages, publishes, or monetises Content through the Service under a separate agreement with WHTEXCH. “Entitlement” means the limited, paid right of access to a specific item of Content unlocked for your account in accordance with these Terms.
Wexvr operates a paid video-sharing service through which users purchase limited access licences to audiovisual and immersive content made available through the Service. Access is rental-like and may be limited by number of permitted views, access period, scheduling window, bandwidth or data-volume caps, device, or other criteria disclosed before purchase.
All content on the Service is paid content, unless otherwise stated in the WEXVR interface. Purchases are generally completed on www.wexvr.com using a valid credit card, debit card, or another payment method accepted by our payment processor. After successful payment, the relevant entitlement is unlocked only within the supported Wexvr / Meta Horizon application flow on compatible Meta Quest headsets. Content is not made available on browsers, phones, tablets, smart TVs, or non-Meta headsets unless WHTEXCH expressly states otherwise in writing. Each entitlement is limited by the number of permitted views, the applicable access period, or both, as disclosed on the content page, or checkout.
These Terms govern the relationship between WHTEXCH and end users only. Persons or entities that upload, manage, publish, or monetize content through the Service in a professional or business capacity must accept a separate Channel Owner Agreement, Commercial Schedule, and any related policy documents.
Incorporated documents. The following documents are incorporated by reference and form an integral part of these Terms: the WEXVR Privacy Notice and the relevant Supplements; the WEXVR Compliance, Reporting & Regulatory Cooperation Policy; the WEXVR Information for Parents, Guardians, and Minors; and any payment, refund, age-rating, content, or safety notice that WHTEXCH publishes in connection with the Service from time to time. In the event of conflict, these Terms prevail unless the incorporated document expressly states otherwise or mandatory law requires a different result.
ELIGIBILITY, AGE, AND PARENTAL CONTROL
The Service is intended only for users who are 13 years of age or older, except where applicable law, the relevant Meta or app-platform requirements, or local regulations impose a higher minimum age (in which case the higher threshold prevails). The Service is not a child-directed online service within the meaning of the U.S. Children’s Online Privacy Protection Act (“COPPA”), and we do not knowingly collect personal information from children under 13 (or under 14 where the local floor is higher).
Purchases, payment-method registration, and the activation of any paid Entitlement require legal capacity to enter into a binding contract under the law of your country of residence. Where you have not yet reached the age of legal capacity, the relevant transaction must be carried out by, or with the express authorisation and supervision of, your parent or legal guardian, who thereby accepts these Terms on your behalf and remains responsible for your use of the Service and for the payment method employed.
Parental responsibility. Parents and legal guardians who allow a minor to use the Service or who use the Service in the presence of a minor are solely responsible for supervising that use, configuring any age-appropriate device-level controls (including those provided by Meta, the operating-system, or the household), and ensuring that any Content viewed is age-appropriate.
We may, at any time and on a risk-based basis, request age, identity, parental, or payment-method verification, suspend or limit access pending verification, and refuse, cancel, or reverse any transaction that we reasonably suspect to be made by or on behalf of an underage user, with stolen or unauthorised payment credentials, or otherwise in breach of these Terms.
It should be noted that:
No person below the applicable minimum age may use the paid Service.
Each account is personal, revocable, non-transferable, and must not be sold, lent, sublicensed, or shared.
We may restrict the availability of the Service by country, region, device, sanctions or export-control status, fraud profile, or technical compatibility, and may decline registration or purchase on those grounds.
We may associate supported Meta Quest devices with your account, cap registered devices, concurrent sessions, or simultaneous streams, require periodic re-authentication, sign devices out, or require credential rotation where we detect suspicious or unauthorised use.
NATURE OF THE SERVICE AS VIDEO SHARING PLATFORM
Wexvr provides a video-sharing and hosting service for audiovisual and immersive content. WHTEXCH operates the technical platform and the user-facing interface, manages the billing and access-control flow, and applies the moderation, safety, and compliance measures described in these Terms and in the Compliance, Reporting & Regulatory Cooperation Policy.
Channel Owner Content is third-party content made available through the Service by independent business users; WHTEXCH does not select, originate, or endorse that Content. WHTEXCH does not assume editorial responsibility for specific third-party videos or channel libraries merely by hosting, ranking, surfacing, monetizing, disabling, or removing them through the Service.
Hosting and intermediary status. To the maximum extent permitted by applicable law, WHTEXCH operates as a hosting provider and a video-sharing platform within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act, “DSA”), Directive (EU) 2018/1808 (the Audiovisual Media Services Directive, “AVMSD”), and Italian Legislative Decree No. 208 of 8 November 2021 (the “TUSMA”). WHTEXCH does not assume general editorial responsibility for individual third-party Content merely because it is hosted, indexed, ranked, recommended, monetised, age-gated, labelled, restricted, suspended, removed, or otherwise acted upon through the Service. Acts of voluntary moderation, investigation, or enforcement carried out in good faith do not deprive WHTEXCH of its hosting and intermediary status.
ACCOUNT SECURITY
You are responsible for maintaining the confidentiality and security of the email address, devices, and authentication channels associated with your account, including any passwordless login link, one-time code, or session token. You must promptly notify WHTEXCH at support@wexvr.com of any suspected unauthorised access, intercepted login link, phishing attempt, compromised email account, or device compromise affecting your account or use of the Service.
You may use the Service only for personal, lawful, non-commercial viewing and related permitted interactions. You may not:
copy, screen-record, scrape, archive, redistribute, resell, reverse engineer, or bypass any DRM, geoblock, access control, or security measure associated with the Service or any content.
conduct unlawful activity, infringement, harassment, fraud, abusive conduct, or technical interference.
use bots, automation, credential sharing, account resale, or circumvention of device or location restrictions.
do data mining, scraping, extraction, copying, or use of any content, metadata, watch data, catalogue information, screenshots, thumbnails, transcripts, or platform data to train, fine-tune, benchmark, ground, or otherwise support any artificial-intelligence, machine-learning, large-language-model, or similar system.
download or local storage of content unless WHTEXCH expressly enables a feature in writing.
You must access the Service only through the official Wexvr website, the official Wexvr / Meta Horizon application path, and any other channel expressly approved by WHTEXCH. Sideloaded, modified, mirrored, jailbroken, emulated, or unsupported clients and any attempt to access the content outside the supported Meta Quest path are prohibited.
We may collect and use reasonable service telemetry, device signals, entitlement checks, fraud signals, anti-piracy markers, and security logs to operate, protect, and enforce the Service and these Terms. If you block, tamper with, or falsify such signals, we may limit or terminate access where reasonably necessary for security, anti-fraud, rights-enforcement, or processor-compliance reasons.
Compatibility and updates. Continued access may be conditioned on the use of compatible Meta Quest hardware, supported operating-system or firmware versions, the latest WEXVR app build, and the application of patches, security updates, or compliance changes that WHTEXCH or its providers reasonably require.
PROTECTION OF MINORS
Although the Service is not directed at children, WHTEXCH applies content- and account-level measures intended to support the protection of minors, having regard to the nature of the Service and the supported device ecosystem. These measures may include restricting playback to the Meta Quest / Meta Horizon environment; publishing the application with age ratings and availability settings determined within that ecosystem; requiring a valid payment method to purchase access; applying content labels and flags; offering reporting channels for potentially harmful or non-compliant Content; and adopting appropriate measures pursuant to Article 28-ter AVMSD and Articles 41 and 42 TUSMA. WHTEXCH may introduce, strengthen, replace, or expand those measures at any time as reasonably necessary for legal compliance, platform integrity, user protection, or third-party platform requirements.
PURCHASES AND BILLING
DISCLAIMER. All Content on WEXVR is paid. Purchases are normally completed on www.wexvr.com using a credit card, debit card, or other payment method accepted by our payment processor. Once payment is successfully captured and clears fraud screening, the relevant Entitlement is unlocked for your account and may be consumed only within the supported WEXVR / Meta Horizon application flow on a compatible Meta Quest headset. Browsers, phones, tablets, smart TVs, gaming consoles, and non-Meta headsets are not supported unless WHTEXCH expressly states otherwise in writing.
Deleting the Wexvr or Meta Horizon application from a headset, signing out of a device, or removing a saved payment method does not by itself terminate your account or reverse any completed purchase. If WHTEXCH offers a recurring subscription product, cancellation will need to be completed through the cancellation path we designate, and will normally take effect at the end of the current billing period unless applicable law requires otherwise.
Payment Processors. Payments are processed through Stripe and other authorised processors, acquirers, or merchants of record, whose terms, fraud rules, and chargeback policies apply in addition to these Terms. Where WHTEXCH uses Stripe Managed Payments or another merchant-of-record solution, the transaction flow, taxes, and customer support elements may be handled in accordance with the rules of that processor and the applicable purchase flow presented at checkout. WHTEXCH may add, change, restrict, or remove payment methods at any time, including for compliance, fraud, sanctions, or risk reasons.
Authorisation. By submitting a payment instruction, you authorise WHTEXCH and its payment providers to charge the selected payment method for the purchase price, applicable taxes, and any other amount payable in connection with your transaction. You represent and warrant that you are entitled to use the relevant payment method
Prices, taxes, and currency. Prices are displayed at the point of sale and may vary by territory, currency, applicable taxes, promotions, or distribution channel. Where required by law (including the Italian Codice del Consumo, Directive (EU) 2011/83/EU as amended by Directive (EU) 2019/2161, and Italian D.lgs. 26/2023), all mandatory charges, including VAT and equivalent indirect taxes, are disclosed at checkout. WHTEXCH reserves the right to correct manifest pricing, tax, or metadata errors at any time before or after order placement to the extent permitted by applicable law, and to refuse, cancel, or reverse any order affected by such error.
Failed or reversed payments. If a payment is declined, expires, lacks funds, is later reversed, charged back, or flagged as fraudulent, we may notify you, retry the charge, suspend or revoke the relevant Entitlement, and terminate or roll back the transaction. You remain liable for amounts validly incurred and for bank, card, or processor fees imposed by third parties in connection with failed or reversed payments, except to the extent prohibited by applicable law.
Service Area and home country. The Service is offered only within the Service Area of these Terms. Within the Service Area, certain Content, languages, prices, or features may be further restricted by Content rights, sanctions screening, payment availability, tax, fraud, or technical-support constraints. Your “Home Country” is the country (within the Service Area) associated with your first approved purchase or otherwise designated and accepted by WHTEXCH. Outside your Home Country, available Content, languages, prices, and features may differ or be unavailable. You must not mask or misrepresent your location or attempt to circumvent territorial, sanctions, or export-related restrictions.
Purchases initiated by, or attempted from, persons located outside the Service Area, or by persons whose payment method is issued in or whose billing address is in a country outside the Service Area, may be declined or, where already captured, reversed and refunded. WHTEXCH may at any time, at its sole discretion, (i) block access to the Service from a geographical area outside the Service Area; (ii) decline or refuse a payment instruction at any stage of the checkout flow; (iii) cancel or revoke an Entitlement that was activated despite a Service-Area mismatch; or (iv) initiate the reversal of a completed transaction.
Cost-shifting upon user breach. Where the cancellation, decline, or reversal of a transaction is necessary because the User has acted in breach of the geographical restrictions of these Terms — including by misrepresenting location, using a payment method issued outside the Service Area, or employing technical means of circumvention such as VPNs, proxies, or similar tools — the amount returned to the User may be reduced by the actual fees and operational costs incurred by WHTEXCH in processing and reversing the transaction. Such costs include, without limitation, the non-refundable processing and interchange fees retained by Stripe and other payment processors, currency-conversion fees, chargeback or dispute-handling fees, and the reasonable internal administrative cost of the reversal. The deduction is limited to actual documented costs, with no penalty component, and is recoverable as compensation for damages caused by the User’s breach pursuant to Article 1453 of the Italian Civil Code. WHTEXCH does not retain any such fees where the cancellation, decline, or reversal is attributable to WHTEXCH’s own breach, to a defect of the Service, or to the exercise by the User of a non-waivable consumer right.
Streaming quality and availability. Streaming quality, latency, title availability, language options, and feature availability depend on your headset model, firmware, app version, connectivity, territory, rights restrictions, and other factors outside WHTEXCH’s exclusive control. Not all titles, channels, or features are available in every country or at all times.
RENTAL-LIKE ACCESS AND USAGE RESTRICTION
Each Entitlement is granted on a rental-like basis. Unless expressly stated otherwise at checkout, an Entitlement does not confer any perpetual right of access, any right to download, export, or store Content offline, or any ownership interest in the Content.
Limits on access. Each Entitlement is limited by one or more of the following criteria, as disclosed in the content page, the product description, the checkout flow, or the Service interface: (a) the number of permitted views or unlocks; (b) a fixed access period or expiry date; (c) a scheduling window or specific availability date; (d) a maximum data-volume, bandwidth, or aggregate streaming-quantity threshold (the “Usage Cap”); and (e) any other usage criterion that WHTEXCH or the relevant Channel Owner sets. The applicable limits will be displayed prior to purchase and, where relevant, during viewing (for example, through a remaining-views indicator or usage bar).
Usage Cap. To preserve the technical, economic, and operational sustainability of the Service, WHTEXCH may set, adjust, or apply a Usage Cap to any Entitlement, title, or category of Content, including a maximum gigabyte- or bandwidth-consumption threshold per Entitlement. Where a Usage Cap is introduced or modified after purchase, it will not be applied retroactively in a manner that materially deprives you of the substance of the Entitlement you have already paid for, save where mandatory law, security, anti-fraud, technical, processor, or third-party platform requirements oblige us to do so, in which case proportionate remedial measures will be taken in accordance with applicable consumer law.
Expiry. Once the applicable view count is exhausted, the access period elapses, the scheduling window closes, or the Usage Cap is reached, the Entitlement expires automatically and without further notice, and the User has no further right to access the Content unless WHTEXCH expressly renews or extends it or you purchase a new Entitlement.
CONSUMER RIGHTS AND WITHDRAWAL
If you are a consumer resident in the European Economic Area, the United Kingdom, or another jurisdiction granting an equivalent right of withdrawal in respect of distance contracts for digital content or digital services, you are normally entitled to a 14-day cooling-off period from the conclusion of the contract.
Express request for immediate performance and acknowledgement of loss of withdrawal. By selecting and confirming a purchase, requesting that the Entitlement be unlocked immediately, and ticking the corresponding acknowledgement at checkout, you (i) expressly request that WHTEXCH begins performance of the digital-content supply before the expiry of the 14-day withdrawal period, and (ii) acknowledge that you will lose the right of withdrawal once performance has begun, in accordance with Article 16(m) of Directive 2011/83/EU (as amended), Article 59(1)(o) of the Italian Codice del Consumo, and equivalent local provisions. WHTEXCH will provide written confirmation of this consent and acknowledgement on a durable medium.
Performance is deemed to begin, at the latest, when the Entitlement is unlocked for your account, when the access period starts running, when streaming is initiated, or when the supply otherwise becomes available within the WEXVR / Meta Horizon environment, whichever occurs first.
Where a refund is granted, it will normally be issued to the original payment method within 14 days, in accordance with Article 13 of Directive 2011/83/EU and Article 56 of the Italian Codice del Consumo. Refund requests must be submitted to support@wexvr.com. This Section is without prejudice to mandatory consumer law, including the right to remedies for non-conformity of digital content and digital services.
REFUNDS
Subject to mandatory consumer law, all purchases are final. Refunds will be granted only in the following limited circumstances:
duplicate or accidental charge attributable to a payment-processing error;
the purchased Entitlement fails to unlock and the failure is not remedied within a reasonable period; or
a technical defect attributable to WHTEXCH that materially prevents you from accessing the Content during the access period and that WHTEXCH is unable to remedy within a reasonable period after notification.
No refund obligation arises in respect of: (a) Content removed for legal, policy, regulatory, rights-enforcement, safety, or processor-compliance reasons; (b) account suspension or termination resulting from your breach, suspected fraud, sanctions concerns, chargebacks, or anti-abuse measures; (c) Entitlements whose permitted views have been exhausted, whose access period has expired, or whose Usage Cap has been reached; (d) compatibility, comfort, motion-sickness, headset, or environmental issues outside WHTEXCH’s exclusive control; (e) connectivity issues attributable to your network or to a third party; or (f) changes in Content selection or catalogue.
Where a refund is granted, it will normally be issued to the original payment method within the time limits set by applicable law. Refund requests must be submitted to support@wexvr.com. This Section is without prejudice to mandatory consumer law, including the right to remedies for non-conformity of digital content and digital services
LICENSE TO CONTENT AND SERVICE LIMITATIONS
Subject to these Terms and to payment of all amounts due, WHTEXCH grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable, personal licence to access and stream Content covered by your Entitlement, solely through the supported WEXVR / Meta Horizon application path on compatible Meta Quest headsets, for the number of views and the access period (and within any other limit) disclosed at the point of sale, and exclusively for your personal, lawful, non-commercial use.
The licence does not permit any public performance, exhibition, classroom, business, promotional, group-viewing, or commercial use; any simultaneous use by multiple unauthorised persons; any rental, resale, gift, sublicense, transfer, or secondary-market distribution of the Entitlement; or any extraction, copying, or other reuse beyond the strict necessity of personal viewing as enabled by the Service.
No ownership in any Content is transferred to you. Access is licensed, not sold. Channels, titles, features, and device integrations may be added, modified, suspended, or withdrawn at any time. If you delete the application, sign out, change devices, or create a new account, prior settings, watch history, view counts, or unconsumed Entitlements may not be restored unless WHTEXCH expressly chooses to do so.
USER INTERACTIONS AND COMMUNITY FEATURES
If WHTEXCH enables comments, ratings, chats, profile materials, or other interactive features, you remain solely responsible for any material you submit through them (“User Submissions”). You represent and warrant that you have all rights necessary to submit that material and that it complies with these Terms and applicable law.
Licence to WHTEXCH. You grant WHTEXCH and its affiliates a non-exclusive, worldwide, royalty-free, sublicensable licence to host, store, reproduce, display, modify (for technical or moderation purposes), distribute, perform, and otherwise use User Submissions for the purposes of operating, securing, moderating, improving, and lawfully promoting the Service. This licence survives termination to the extent necessary for back-up, audit, legal-hold, or compliance purposes.
Prohibited material. You must not post or transmit any material that is illegal, infringing, defamatory, harassing, discriminatory, sexually exploitative, harmful to minors, deceptive, fraudulent, or in breach of these Terms, applicable law, or the rights of any third party.
Unsolicited submissions. Unless we have expressly invited them in writing, WHTEXCH does not accept unsolicited creative concepts, stories, treatments, scripts, formats, pitches, or business proposals. Any such submission is made on a non-confidential basis and without any obligation of attribution, compensation, or restriction, subject to applicable law.
CONTENT MODERATION, REPORTING, NOTICES, AND CONSEQUENCES
WHTEXCH prohibits illegal material and material that violates the WEXVR policies. We may monitor the Service on a targeted, risk-based, and proportionate basis (without thereby assuming any general monitoring obligation) and may, at our reasonable discretion or as required by law: investigate reports; demote, age-gate, label, or restrict the visibility of Content; geoblock; demonetise; suspend, disable, or remove Content, channels, accounts, or features; preserve evidence; and cooperate with competent authorities. These measures may be taken in particular where we reasonably consider them necessary for legal or regulatory compliance, the protection of minors, the protection of users or third-party rights, the integrity or security of the Service, the prevention of fraud or abuse, contractual enforcement, or the protection of WHTEXCH’s reputation.
Notice and action mechanism. Any person may submit a notice concerning allegedly illegal Content through support@wexvr.com or the in-product reporting form, in accordance with Article 16 DSA. Public authorities, judicial bodies, and regulators may serve formal orders or requests on whtexchsolutionssrl@legalmail.it. Privacy and data-protection enquiries should be addressed to the Data Protection Officer at dpo@whtexch.com
Statements of reasons. Where required by Article 17 DSA or other applicable law, WHTEXCH will provide affected Users with a statement of reasons setting out the main grounds for the relevant decision and, where applicable, the available internal and out-of-court redress paths. Taking into account the nature, size, and resources of the Service and WHTEXCH’s status as a small or micro enterprise where applicable, WHTEXCH may operate proportionate and scalable internal review procedures, except where stricter procedures are required by mandatory law.
Effects on Entitlements. Except where mandatory consumer law requires otherwise, the removal of, or restriction of access to, Content for legal, policy, safety, processor, sanctions, rights-enforcement, or platform-integrity reasons, or your breach of these Terms, does not entitle you to any refund, credit, compensation, extension, or alternative access.
INTELLECTUAL PROPERTY AND INFRINGEMENT NOTICES
All software, interfaces, brands, logos, service marks, designs, compilations, databases, and proprietary materials forming part of the Service are owned by WHTEXCH or its licensors and are protected by intellectual-property laws and treaties. Except for the limited rights expressly granted in these Terms, no rights are granted by implication, estoppel, or otherwise.
Notice of infringement. If you believe that Content available through the Service infringes your intellectual-property rights, you may send a notice to support@wexvr.com containing all information reasonably required by applicable law, including the United States Digital Millennium Copyright Act (“DMCA”, where applicable) and the DSA. Notices must include the complainant’s contact details, sufficient identification of the allegedly infringing material, evidence of ownership or authorisation, the asserted legal basis, and a good-faith statement and signature as required by law.
Infringers. WHTEXCH adopts and enforces a infringer policy under which the accounts of Users or Channel Owners that, in appropriate circumstances, are responsible for infringement may be suspended or terminated. WHTEXCH may also take any other measure reasonably necessary to investigate or to comply with applicable law.
SERVICE CHANGES, DEVICE COMPATIBILITY, AND OUTAGES
We may modify, suspend, discontinue, or replace any part of the Service, any channel, any title, any feature, any Entitlement model, or any supported device path at any time, where reasonably necessary for legal, regulatory, technical, security, commercial, or operational reasons. Unless WHTEXCH expressly states otherwise, the consumer-facing playback path is limited to the supported WEXVR / Meta Horizon environment on compatible Meta Quest headsets.
Compatibility and updates. The Service may be limited to specified headset models, operating-system versions, app versions, official distribution channels, or supported territories. We may require updates, patches, re-authentication, or migration to maintain access. If Meta, a payment processor, an authority, or another essential third-party provider changes or withdraws a dependency, certain titles, features, or device integrations may become unavailable.
Outages and force majeure. The Service may be unavailable due to maintenance, upstream outages, payments incidents, policy enforcement, legal demands, security incidents, third-party platform changes, or events outside WHTEXCH’s reasonable control (including acts of God, war, civil unrest, sabotage, cyber-attacks, telecommunications failures, sanctions, embargoes, and pandemics). To the maximum extent permitted by law, WHTEXCH is not liable for temporary or permanent unavailability of specific Content or device functionality.
Discontinuation. The Service, all Content availability, and all User Entitlements depend on the continued operation of the WEXVR platform and its supporting infrastructure. If WHTEXCH suspends, winds down, discontinues, or permanently ceases operation of all or part of the Service, access to Entitlements may end immediately or on the date specified by WHTEXCH. Access through WEXVR is licensed, not sold, and does not create any perpetual availability right, escrow right, backup right, download right, or right to continued access outside the Service, subject always to mandatory law that cannot lawfully be excluded. Where the Service or a material feature is permanently discontinued, WHTEXCH will provide reasonable advance notice and, where required by applicable consumer law, an appropriate remedy such as a partial refund pro-rated to the unused portion of any pre-paid time-based Entitlement.
SUSPENSION, TERMINATION, CHARGEBACKS, AND ANTI-FRAUD REMEDIES
We may suspend, restrict, or terminate your account or any Entitlement, in whole or in part and with or without prior notice, where: (a) we reasonably suspect fraud, abuse, account compromise, identity misrepresentation, repeated chargebacks, sanctions or export-control concerns, payment-method issues, or unlawful activity; (b) you breach these Terms or any incorporated policy; (c) the suspension is required by an authority, court order, or processor; or (d) continued service would expose WHTEXCH, other Users, Channel Owners, or partners to material legal, regulatory, security, reputational, or processor risk.
Where reasonably possible and not prohibited by law, security, or processor requirements, WHTEXCH will give you advance notice and an opportunity to remedy a curable breach. Termination does not affect any right or remedy already accrued. Sections that by their nature should survive termination (including those on intellectual property, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution) shall survive.
Chargebacks and reversals. If a payment is reversed, charged back, disputed, refunded, or flagged as fraudulent, we may revoke the relevant Entitlement and any associated benefits, recover the disputed amount through any lawful means, and pursue any cost, fee, or expense incurred. We may force sign-out from some or all devices, require credential rotation, and request additional identity, age, or payment verification before restoring access.
DISCLAIMERS AND LIMITATION OF LIABILITY
Service warranties. WHTEXCH provides the Service and the Entitlements in accordance with mandatory rules on the supply of digital content and digital services applicable to consumers, including in particular Articles 135-octies and following of the Italian Codice del Consumo (transposing Directive (EU) 2019/770). WHTEXCH warrants that, once an Entitlement is unlocked for your account, the corresponding Content shall conform to the description provided at checkout, shall be of the quality and performance reasonably to be expected for digital content of that kind, and shall be fit for the purposes for which digital content of that kind is normally used.
Hosting nature of the Service and third-party Content. WEXVR is a video-sharing and hosting platform within the meaning of Regulation (EU) 2022/2065 (DSA), Directive (EU) 2018/1808 (AVMSD), and Italian Legislative Decree No. 208/2021 (TUSMA). Other than original WHTEXCH content expressly identified as such, the Content is supplied by independent professional third parties (Channel Owners) under the WEXVR Channel Owner Agreement. Each Channel Owner is solely responsible for the production, classification, age-rating, content-specific health and safety warnings, and content-specific representations of the Channel Content it supplies. The information surfaced through the Service in connection with a specific title — including age ratings, content warnings, intensity indicators, recommended viewing duration, and any locomotion or photosensitive cautions — originates from the relevant Channel Owner and is published by WHTEXCH as third-party information. Without prejudice to WHTEXCH’s role as supplier of digital content to you under the Italian Codice del Consumo, content-specific safety obligations are allocated contractually between WHTEXCH and the relevant Channel Owner, who indemnifies WHTEXCH for any loss arising from the failure of its Channel Content to comply with applicable law and the WEXVR content standards.
Stated technical limits. WHTEXCH does not warrant that the Service shall be uninterrupted, free from defect, free from viruses, or compatible with devices other than the supported Meta Quest hardware. WHTEXCH does not guarantee continuous availability of any specific title or feature. Service interruptions or degradation attributable to maintenance, system updates, network providers, payment processors, the Meta ecosystem, app-platform requirements, or events beyond WHTEXCH’s reasonable control do not constitute breach of these Terms.
Health and immersive content. The use of immersive content can produce physical or psychological reactions including motion sickness, nausea, eye strain, loss of balance, headache, fatigue, and — in predisposed individuals — photosensitive responses. Information on WHTEXCH provides general health and safety information through the Service. You are responsible for using the Service in a manner appropriate to your health, environment, and physical condition, for taking adequate breaks, and for discontinuing use at the onset of any symptom. Title-specific safety obligations (intensity classification, locomotion warnings, photosensitive flags, recommended viewing duration) are the responsibility of the relevant Channel Owner under the WEXVR Channel Owner Agreement; WHTEXCH publishes that information as supplied.
Limitation of liability. Subject to the mandatory exceptions below and to the maximum extent permitted by applicable law, WHTEXCH’s aggregate liability arising out of or in connection with the specific Service or Entitlement that gave rise to the claim shall not exceed the highest of: (i) EUR 500.00; (ii) the price paid by you to WHTEXCH for that specific Entitlement; or (iii) the total amount paid by you to WHTEXCH for Entitlements reasonably connected with the same defect or breach during the twelve (12) months preceding the event giving rise to liability. WHTEXCH shall not be liable for damage that does not constitute a direct and immediate consequence of the breach within the meaning of Article 1223 of the Italian Civil Code, or nor for loss of business profit, loss of goodwill, loss of commercial opportunity, or loss of data.
The above exclusions and limitations do not apply to WHTEXCH’s liability (a) for wilful misconduct or gross negligence under Article 1229 of the Italian Civil Code; (b) for death or personal injury arising from a fact or omission of WHTEXCH under Article 36, paragraph 2, letter (a) of the Italian Codice del Consumo; (c) for total or partial non-performance of the obligation to supply the Service under Articles 33, paragraph 2, letter (b) and 36 of the Italian Codice del Consumo; (d) under the digital-content conformity remedies of Articles 135-octies and following of the Italian Codice del Consumo and Directive (EU) 2019/770; or (e) under any other rule that cannot be excluded or limited under the law of your country of habitual residence. For consumers in the United Kingdom, Australia, New Zealand, Quebec, the Republic of Korea, and U.S. states with non-waivable rights, the carve-outs in Schedule A apply.
INDEMNITY FOR NON-CONSUMER CONDUCT
If you use the Service in breach of these Terms, in a business or professional capacity (notwithstanding the consumer-facing nature of the Service), or in violation of applicable law, you shall indemnify, defend, and hold harmless WHTEXCH, its affiliates, and their respective officers, directors, employees, contractors, licensors, and partners from and against any claim, loss, damage, liability, fine, settlement, and reasonable cost (including reasonable attorneys’ fees) arising from or related to that conduct, except to the extent caused by WHTEXCH’s gross negligence, wilful misconduct, or non-excludable statutory breach.
PRIVACY AND DATA PROTECTION
WHTEXCH processes personal data only for the purposes of providing, securing, supporting, billing, moderating, and lawfully operating the Service, as well as fulfilling its legal and contractual obligations, in each case in accordance with the WEXVR Privacy Notice. WHTEXCH does not sell personal data, does not use personal data for direct marketing without a separate lawful basis, and does not engage in cross-context behavioural advertising unless and until separately notified to you and duly consented to where required.
Where applicable, U.S. state privacy rights and disclosures are addressed in the U.S. State Privacy Rights Supplement. Privacy enquiries and rights requests may be submitted to dpo@whtexch.com.
CHANGES TO THESE TERMS
WHTEXCH may amend these Terms and any incorporated policy from time to time, including where reasonably necessary to reflect: (a) changes in law, regulation, or guidance from competent authorities (including AGCOM, the European Commission, national data-protection authorities, consumer authorities, the Italian Garante, the AGCM, the U.K. ICO, the U.S. FTC, U.S. state attorneys general, or equivalent bodies); (b) court orders, regulator requests, or law-enforcement instructions; (c) requirements imposed by Stripe, other processors, acquirers, card networks, or merchant-of-record partners; (d) Meta, app-platform, operating-system, or other technical-environment changes; (e) anti-fraud, security, anti-piracy, sanctions, or export-control developments; (f) DSA, AVMSD, TUSMA, GDPR, or AI-Act-related guidance; or (g) the introduction, removal, or modification of features, Entitlement models, or commercial terms.
Material changes affecting consumers will be notified to Users by reasonable means (including by email, in-app notice, or notice published on www.wexvr.com) before they take effect. Where applicable consumer law so requires, the User will be given a reasonable period to review the changes and, where the change has a material adverse effect on the User, a right to terminate the usage of the affected Entitlement. Continued use of the Service after the effective date of the change constitutes acceptance, except where mandatory law requires a different mechanism (in which case that mechanism prevails).
GOVERNING LAW, JURISDICTION, AND CONSUMER FORUM PROTECTIONS
These Terms are governed by the laws of Italy, excluding its conflict-of-laws principles and the United Nations Convention on Contracts for the International Sale of Goods.
Subject to the next paragraph, the courts of Milan, Italy, shall have exclusive jurisdiction in respect of any dispute arising out of or relating to these Terms or the Service.
Consumer forum protections. If you are a consumer, nothing in these Terms deprives you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence (Article 6 of Regulation (EC) No 593/2008 (“Rome I”)) or of any mandatory local consumer-forum protection. In particular: (i) Italian consumers may bring proceedings in the court of their domicile or residence (Article 66-bis of the Italian Codice del Consumo); (ii) EEA consumers retain their forum and applicable-law rights under Regulation (EU) No 1215/2012 (“Brussels I bis”) and Rome I; (iii) U.K., Swiss, Australian, New Zealand, Canadian (including Quebec), Korean, and U.S.-state consumers retain any non-waivable local-forum or applicable-law protection; and (iv) WHTEXCH agrees not to invoke jurisdiction or forum-selection provisions to deprive a consumer of those protections.
OUT-OF-COURT DISPUTE RESOLUTION
Internal complaints. Before initiating any legal proceedings, please contact support@wexvr.com with a description of the dispute. WHTEXCH will use reasonable efforts to address complaints in good faith and within a reasonable period.
Alternative Dispute Resolution. Where applicable law gives consumers access to certified or statutory alternative dispute resolution mechanisms, the available bodies for the relevant country or region are identified in Schedule A or may be requested from WHTEXCH at support@wexvr.com. WHTEXCH does not commit to participate in any specific ADR body unless participation is required by applicable law or by a binding decision of a competent authority.
WHTEXCH does not require consumers to submit to mandatory pre-dispute arbitration or to waive any class- or collective-action right that cannot lawfully be waived under the User’s applicable law.
GENERAL PROVISIONS
No agency. Nothing in these Terms creates any partnership, joint venture, agency, brokerage, fiduciary, employment, or representative relationship between WHTEXCH and any User, between WHTEXCH and any Channel Owner for the purposes of the User’s purchase, or between any User and any Channel Owner. WHTEXCH is not a payment intermediary, escrow agent, or trustee for or on behalf of Channel Owners. Each transaction is concluded between WHTEXCH and the User; the underlying commercial relationship between WHTEXCH and the relevant Channel Owner is governed by a separate contract to which the User is not a party.
Entire agreement. These Terms, together with the Privacy Notice and the relevant supplements, the Compliance, Reporting & Regulatory Cooperation Policy, the Information for Parents, Guardians, and Minors, and any other notice expressly incorporated by reference, constitute the entire agreement between WHTEXCH and the User regarding the Service and supersede any prior or contemporaneous understanding.
Severability. If any provision is held invalid or unenforceable by a competent court or authority, that provision shall be modified to the minimum extent necessary to render it enforceable or, failing that, severed; the remaining provisions shall continue in full force.
Assignment. WHTEXCH may assign or transfer these Terms and any rights and obligations under them, in whole or in part, to any affiliate or to a third party in connection with a corporate reorganisation, merger, acquisition, or sale of all or substantially all of its assets, subject to applicable consumer law. You may not assign your rights or obligations without WHTEXCH’s prior written consent.
No waiver and cumulative remedies. No failure or delay by either party to exercise any right or remedy shall operate as a waiver. Remedies are cumulative and not alternative.
Notices. Notices to you may be given by email, in-app notification, or posting on the Service. Notices to WHTEXCH must be sent to White Exchange S.r.l., Via Durini 25, 20122 Milan, Italy, or, for legal and authority communications, whtexchsolutionssrl@legalmail.it.
Translations. WEXVR auto-translates the Terms into the user’s registered country language for comprehension; the English version is contractually authoritative to the maximum extent permitted by applicable law. Where mandatory local law requires that another language be provided, used, or given precedence, the requirements of that mandatory law shall control to that extent.
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SCHEDULE A — REGIONAL CONSUMER RIGHTS
This Schedule A enumerates the mandatory consumer-law carve-outs applicable to these Terms by virtue of the law of the User’s country of residence. It is part of the Terms.
Reading hierarchy. In the event of any conflict, the following order of precedence applies: (1) any non-waivable mandatory rule of the User’s country of habitual residence; (2) the relevant country-specific section of this Schedule A; (3) the general provisions of these Terms; (4) any other incorporated policy. Country-specific sections of this Schedule A apply only to consumers resident in the relevant country and only to the extent the relevant rule is mandatory under the law of that country. Where this Schedule A grants a right that is not otherwise granted by the Terms, that right applies in addition; where it limits a right that the Terms otherwise grant, the limit applies. To the maximum extent permitted by applicable law, all provisions of the Terms not modified by this Schedule A continue to apply.
A.1 European Economic Area
Directive (EU) 2011/83 on consumer rights, as amended by Directive (EU) 2019/2161 (the “Modernisation Directive” or “Omnibus”); Directive (EU) 2019/770 on contracts for the supply of digital content and digital services (the “DCD”); Directive 93/13/EEC on unfair terms in consumer contracts; Directive 2005/29/EC on unfair commercial practices; Regulation (EU) No 1215/2012 (“Brussels I bis”); Regulation (EC) No 593/2008 (“Rome I”); Regulation (EU) 2017/1128 (cross-border portability); Directive 2013/11/EU (consumer ADR); Regulation (EU) 2022/2065 (DSA)
Specific consumer rights
• Right of withdrawal (Articles 9–16 CRD): 14 days from conclusion. You expressly waive that right by ticking the immediate-performance acknowledgement at checkout, in accordance with Article 16(m) CRD.
• Conformity remedies for digital content (Articles 7–14 DCD): in case of non-conformity you are entitled, in this order, to (i) bringing the digital content into conformity (free of charge, within a reasonable time); (ii) a proportionate price reduction; or (iii) termination, with refund. Termination is also available where bringing into conformity is impossible, would entail disproportionate costs, would not be timely, or would cause significant inconvenience.
• Unfair contract terms (Directive 93/13): non-individually-negotiated clauses that, contrary to good faith, cause significant imbalance to the consumer’s detriment, are not binding.
• Mandatory consumer forum (Articles 17–19 Brussels I bis): you may bring proceedings against WHTEXCH either in the courts of Italy or in the courts of your country of habitual residence; WHTEXCH may bring proceedings against you only in the courts of your country of habitual residence.
• Cross-border portability (Regulation 2017/1128): when temporarily present in another EU Member State, you have access to your Entitlements on substantially the same terms, to the extent technically and contractually feasible.
• ADR information (Article 13 Directive 2013/11): the available ADR bodies for each EEA country of residence are listed in the official European List. WHTEXCH does not commit to use any specific body unless mandatorily required to do so.
A.2 Italy
Codice del Consumo (D.lgs. 6 settembre 2005, n. 206), as amended; D.lgs. 4 novembre 2021, n. 173 (DCD).
Specific consumer rights additional to A.1
• Forum esclusivo del consumatore (Art. 66-bis Cod. Cons.): the competent court is the court of the place of residence or domicile of the consumer in Italy, exclusively.
• Withdrawal rules (artt. 52, 59 lett. o e 67 Cod. Cons.): immediate-performance waiver effective only upon express prior consent, acknowledgement of loss of withdrawal, and durable-medium confirmation under Art. 51 c. 7.
• Unfair terms (artt. 33–37 Cod. Cons.): clauses listed in Art. 33 c. 2 are presumed vexatious unless individually negotiated; clauses in Art. 36 c. 2 are void in any case.
• ADR for Italian consumers: (i) AGCOM ConciliaWeb (www.agcom.it/conciliaweb) where the dispute concerns electronic-communications or VSP services; (ii) any organism of mediation registered under D.lgs. 28/2010 — illustrative bodies include the Centro di mediazione del Foro di Milano (www.organismomediazionemilano.it) and ADR Center Italia (www.adrcenter.com); (iii) the European ADR platform.
• Language: Italian translation provided through the auto-translation feature; for Italian consumers, where any inconsistency arises in respect of statutory disclosures (Art. 49 Cod. Cons.), the Italian version controls on those disclosures.
A.3 Specific EU Member States
A.3.1 Germany
• Cancellation button (BGB §312k, in force since 1 July 2022). If subscriptions are introduced in Germany, the §312k mechanism will be implemented.
• ADR: Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. (Kehl am Rhein) — www.verbraucher-schlichter.de; submission free of charge for consumers.
• Forum: German consumers may sue WHTEXCH in Germany; WHTEXCH may sue German consumers only in Germany (Brussels I bis).
A.3.2 France
• Mediation (Art. L612-1 ff. Code de la consommation): WHTEXCH designates Francesca Valenti, support@wexvr.com as its consumer mediator and publishes contact details on www.wexvr.com.
• DGCCRF: complaints at www.economie.gouv.fr/dgccrf.
A.3.3 Spain
• ADR: Junta Arbitral Nacional de Consumo (Sistema Arbitral de Consumo, www.consumo.gob.es); regional consumer arbitration boards.
• Authority: AECOSAN / Dirección General de Consumo of the relevant Autonomous Community.
A.3.4 Netherlands
• ADR: De Geschillencommissie (www.degeschillencommissie.nl).
• Authority: Autoriteit Consument & Markt (ACM, www.acm.nl).
A.3.5 Belgium
• ADR: Service de médiation pour le consommateur / Consumentenombudsdienst (www.mediationconsommateur.be); sectoral mediators where applicable.
• Authority: SPF Économie / FOD Economie (DG Inspection économique).
A.3.6 Austria
• ADR: Allgemeine Verbraucherschlichtungsstelle (www.verbraucherschlichtung.at); free of charge for consumers.
• Authority: Verein für Konsumenteninformation (VKI); Bundesministerium für Soziales, Gesundheit, Pflege und Konsumentenschutz.
A.3.7 Portugal
• ADR: Centros de Arbitragem de Conflitos de Consumo (regional centres) accessible through the Portal do Consumidor (www.consumidor.gov.pt); use is voluntary; recourse to a court remains available.
A.3.8 Poland
• ADR: Polubowne sądy konsumenckie (Permanent Consumer Arbitration Courts) within the Inspekcja Handlowa (Trade Inspection); www.uokik.gov.pl. Use is voluntary; recourse to a court remains available.
• Authority: UOKiK (Office of Competition and Consumer Protection).
A.4 United Kingdom
Specific consumer rights
• Remedies for defective digital content: repair or replacement, price reduction, or refund.
• Cancellation of digital content: 14 days, lost where express consent and acknowledgement are given.
• Unfair terms: non-transparent or imbalanced standard terms not binding.
• Forum: UK consumers may bring proceedings in UK courts; WHTEXCH may sue UK consumers only in the UK courts where the consumer is domiciled.
• ADR: Citizens Advice (www.citizensadvice.org.uk) — first point of guidance; sector-specific ombudsman schemes where applicable.
A.5 Switzerland
Specific consumer rights
• Mandatory provisions: nothing in the Terms displaces mandatory rules of Swiss consumer or unfair-competition law applicable to a Swiss consumer.
• ADR: Stiftung für Konsumentenschutz (www.konsumentenschutz.ch) provides limited mediation services; use is voluntary.
A.6 Canada
Specific federal consumer rights
• Anti-spam: WHTEXCH sends only transactional messages and complies on that basis.
• ADR: CCTS for telecommunications-related disputes; provincial consumer offices for general matters.
A.6.1 Quebec
• Forum: Quebec consumers may bring proceedings before the courts of Quebec.
• ADR: Office de la protection du consommateur (www.opc.gouv.qc.ca).
A.7 Australia
Specific consumer rights
• Consumer guarantees: services supplied with due care and skill, fit for any disclosed purpose, within a reasonable time.
• Major and non-major failure: for non-major failures that can be remedied, WHTEXCH may, at its option, re-supply the relevant Service or refund; for major failures, the consumer may terminate and obtain a refund (Section 260 ACL).
• eSafety: WHTEXCH responds to removal and reporting notices; primary contact support@wexvr.com.
• ADR: ACCC for misleading-conduct complaints; state-based fair-trading offices.
A.8 New Zealand
Specific consumer rights
• ADR: Disputes Tribunal; Commerce Commission for misleading conduct.
A.9 Republic of Korea
Specific consumer rights
• Withdrawal: 7-day right of withdrawal for online consumer purchases; for digital content, lost in respect of the consumed portion where consumer consents to immediate performance and trader provides durable-medium confirmation.
• Korean-language operating: auto-translation supplemented by a certified Korean legal translation of key disclosures.
• ADR: Consumer Dispute Mediation Committee at the Korea Consumer Agency; KFTC ‘1372’ portal; Personal Information Dispute Mediation Committee for privacy.
A.10 United States — federal
FTC Act; COPPA; DMCA; Magnuson-Moss Warranty Act; FTC ‘Click-to-Cancel’ rule.
Specific consumer rights
• Children: WEXVR is not a child-directed service; see Privacy Notice.
• DMCA: notices to whtexchsolutionssrl@legalmail.it ; designated agent registration at www.copyright.gov/dmca-directory.
• Auto-renewal: if subscriptions are introduced, FTC ‘Click-to-Cancel’ rule and applicable state ARLs will be implemented.
A.11 California
CCPA, as amended by CPRA; CalOPPA; California Automatic Renewal Law; California Civil Code provisions on minor accessibility; Unruh Civil Rights Act (accessibility).
Specific consumer rights
• No sale / no share: WHTEXCH does not sell personal information and does not share for cross-context behavioural advertising.
• Auto-renewal: ARL-compliant disclosure to be implemented if subscriptions are introduced.
• Authorities: CPPA (www.cppa.ca.gov) and California Attorney General (oag.ca.gov).
A.12 Mexico
• Forum. A Mexican consumer may bring proceedings before the competent Mexican civil or commercial courts, and may file consumer-protection complaints with PROFECO (Procuraduría Federal del Consumidor, www.profeco.gob.mx).
• Out-of-court dispute resolution. PROFECO Concilianet (online conciliation portal at concilianet.profeco.gob.mx) and the PROFECO complaint procedures are available. Recourse to ADR is voluntary and without prejudice to either Party’s right to bring proceedings before a competent court.