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END USER LICENSE AGREEMENT (EULA) – TERMS & CONDITIONS AND LIABILITY WAIVER
Last Updated: 27 November, 2025.
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
1. ACCEPTANCE OF TERMS
By downloading, installing, accessing, or playing ESPIRE: MR MISSIONS (the “Game”), you are acknowledging that you have read this EULA and Digital Lode Immersive Media’s Privacy Policy Notice (https://thelode.com.au/privacy-policy/), agree to the terms and conditions in this EULA and Digital Lode Immersive Media’s Privacy Policy Notice, and agree to be bound by them. If you do not agree to the terms of this EULA and Digital Lode Immersive Media’s Privacy Notice, do not download, install, or play the Game.
2. NON-EXCLUSION OF STATUTORY GUARANTEES
Nothing in this EULA is intended to, or operates to, exclude, restrict, or modify any right, guarantee, remedy, or liability that cannot be legally excluded, restricted, or modified, including those under the Australian Consumer Law (ACL), which provides certain statutory guarantees for consumers. To the extent permitted by law, Digital Lode Immersive Media’s liability for a breach of a non-excludable guarantee is limited to the extent permitted by section 64A of the ACL.
3. MIXED REALITY SAFETY WARNING & USER RESPONSIBILITY
ESPIRE: MR MISSIONS is a Mixed Reality (MR) experience that requires physical movement, stealth mechanics (crouching, leaning, crawling), and interaction with your physical environment while viewing virtual elements. BY PLAYING THIS GAME, YOU ACKNOWLEDGE AND AGREE THAT:
- You are responsible for your surroundings: The Game overlays virtual objects onto the real world. It cannot detect real-world obstacles, furniture, pets, children, stairs, or fragile items in real-time.
- You must prepare a safe play area: Before playing, you agree to clear your play space and ensure you have adequate room to walk around it. You agree to remove trip hazards, breakable objects, and ensure the area is well-lit.
- You must remain aware: You agree to remain aware of your physical surroundings at all times. Do not play near staircases, windows, open flames, or heat sources.
4. ASSUMPTION OF RISK
You understand that playing ESPIRE: MR MISSIONS involves inherent risks associated with physical activity and navigating a physical space while your attention is divided between the real and virtual worlds. YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE DEVELOPER OR OTHERS. These risks include, but are not limited to:
- Bodily Injury: Slips, trips, falls, collisions with walls or furniture, muscle strains from crouching or lunging, and eye strain.
- Property Damage: Damage to your home, furniture, electronics (including the headset/device used to play), or other personal property caused by your movements during gameplay.
- Third-Party Injury: Accidental injury to other people or pets in your vicinity while playing.
5. RELEASE OF LIABILITY AND WAIVER
To the fullest extent permitted by applicable law, you hereby release, waive, discharge, and covenant not to sue Digital Lode Immersive Media, its officers, agents, employees, and successors (collectively, the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you, while participating in the Game. This Release applies to:
- Any injury resulting from a collision with physical objects in your home.
- Any damage to your physical property (e.g., broken TVs, lamps, drywall) resulting from gameplay actions.
- Any injury resulting from equipment malfunction or software glitches.
6. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from:
- Your violation of these Terms.
- Your violation of any rights of any other person or entity.
- Any physical injury or property damage caused by you to a third party while playing the Game.
7. HEALTH AND SAFETY PRECAUTIONS
- Physical Condition: You warrant that you are in good physical condition and have no medical reason or impairment that might prevent you from playing the Game safely.
- Seizure Warning: Some people may experience seizures when exposed to certain light patterns or flashing lights. If you have a history of epilepsy, consult a doctor before playing.
- Motion Sickness: If you experience nausea, disorientation, or dizziness, stop playing immediately.
- Age Restriction: This Game is not intended for children under the age of 13 or who do not meet the content rating requirements as displayed on the Game’s product display page.
8. COPYRIGHT
ESPIRE: MR MISSIONS (including all associated software, code, graphics, audio, user interfaces, text, and other creative assets) and all copyrights, trademarks, and all other conceivable intellectual property rights related to the game are owned by Digital Lode Immersive Media (the “Owner”) or its licensors, licensees, or suppliers. These rights are protected by the Australian Copyright Act 1968 (Cth), Australian common law, international treaty provisions, and all other applicable laws. ESPIRE: MR MISSIONS must be treated like any other legally protected work. The User acknowledges that the game was created through the substantial efforts of many people who earn their livelihood from its lawful use. The User must not make unauthorized copies, reproductions, distributions, or adaptations of the game or any part thereof. The User agrees not to make copies for others who have not legally acquired and paid for the right to use it. To report suspected copyright infringement or unauthorized use of the game, please contact the Owner using the contact details listed in section 12. CONTACT INFORMATION.
9. DISCLAIMER OF WARRANTY
You are aware and agree that use of ESPIRE: MR MISSIONS and the media on which it is recorded, if any, is at your sole risk. ESPIRE: MR MISSIONS is provided “AS IS.” DIGITAL LODE IMMERSIVE MEDIA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING WILLFUL ACTS OR NEGLIGENCE, SHALL DIGITAL LODE IMMERSIVE MEDIA OR ANY OF ITS OFFICERS, EMPLOYEES, DIRECTORS, AGENTS, LICENSORS, LICENSEES, SUBLICENSEE, SUPPLIERS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. THERE WILL BE NO LIABILITY FOR ANY PERSONAL INJURY, EVEN SELF INFLICTED INJURY, OR FOR ANY INTENTIONAL TORT COMMITTED BY YOU OR ANY OTHER PERSON WHO PLAYS OR OBSERVES SOMEONE ELSE PLAYING ESPIRE: MR MISSIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for ESPIRE: MR MISSIONS.
11. CONTROLLING LAW AND SEVERABILITY
This license is governed by and construed in accordance with the laws of the State of Victoria, Australia. If any provision of this EULA is determined to be unenforceable by a court or other tribunal of competent jurisdiction, such provision will be enforced to the maximum extent permissible and the remaining portions of this EULA will remain in full force and effect.
12. CONTACT INFORMATION
If you have questions or comments about these Terms, please contact us at: Espire VR Pty Ltd t/a Digital Lode Immersive Media contact@espirevr.com Studio 60 / 91 Moreland St Footscray, Vic, 3011 Australia
13. COMPLETE AGREEMENT
This EULA constitutes the entire agreement between the parties with respect to the use of ESPIRE: MR MISSIONS and other related materials and software. Digital Lode Immersive Media reserves the right to modify the terms of this EULA from time to time and will post notice of material changes somewhere within https://thelode.com.au.
