LabyrinthAI RoboCapture Terms and Conditions

This Loaner Unit Agreement (“Agreement”) is entered into between LabyrinthAI, Inc. (“LabyrinthAI”) and the customer (“Customer”) as of the date Customer accepts these terms (“Effective Date”). This Agreement governs the 14-day trial under which LabyrinthAI will loan a MagicLeap2 device with RoboCapture software pre-installed to Customer.

1. Device Loan and Deposit

LabyrinthAI will loan to Customer a MagicLeap2 device (the “Device”) loaded with RoboCapture software for use during the 14-day trial. Title to the Device remains with LabyrinthAI at all times. Customer shall use the Device only for evaluation under this Agreement and shall take reasonable care of it. Customer shall not sell, lease, transfer, modify, or otherwise dispose of the Device. Upon delivery of the Device, Customer shall pay a refundable deposit of $500 (the “Deposit”) to LabyrinthAI. The Deposit will be held as security and will be refunded in full as described below, provided the Device is returned in undamaged, working condition.

2. Trial Period and License Grant

Customer may use the Device and the RoboCapture software for evaluation during the 14-day trial period (the “Trial Period”) beginning on the Effective Date. LabyrinthAI grants Customer a limited, revocable, non-exclusive, non-transferable license to use the Software on the Device solely for Customer’s internal evaluation. Customer may use any data collected by the Software during the Trial Period for Customer’s own business and commercial purposes. LabyrinthAI retains all intellectual property rights in the Software. Customer shall not copy, distribute, modify, decompile, reverse-engineer, or create derivative works from the Software.

3. Subscription, Payment, and Cancellation

Customer’s use of the Software is free during the Trial Period. If Customer does not cancel before the end of the Trial Period, the subscription will automatically renew at $299 per month, and Customer’s credit card on file will be charged $299 at the end of the Trial Period and on a recurring monthly basis thereafter. To avoid charges, Customer must cancel by emailing LabyrinthAI at the contact address provided before the Trial Period expires.

Customer agrees to provide a valid credit card to LabyrinthAI prior to receiving the Device. LabyrinthAI is authorized to charge this card for all subscription fees and to hold or charge up to $500 as security for the Deposit. If the Device is not returned or is returned damaged, LabyrinthAI may charge the card for repair or replacement costs up to the full cost of replacing the MagicLeap2 hardware. If the Device is not returned within fourteen (14) business days following the end of the Trial Period, or if it is returned in non-functional or materially damaged condition, Customer agrees that LabyrinthAI may charge the card for repair or replacement costs up to the full cost of replacing the MagicLeap2 hardware.

Customer authorizes LabyrinthAI to store and charge the card on file for:

  1. The $500 deposit (refundable upon return of undamaged hardware)

  2. The $299 monthly software subscription after the 14-day trial ends (unless cancelled via email)

  3. Any costs associated with repair or replacement of damaged or unreturned hardware

4. Return of Device

If Customer does not wish to continue the subscription, Customer must return the Device to LabyrinthAI no later than the last day of the Trial Period. The Device must be returned in substantially the same condition as received (“as-is, undamaged”) and with all original accessories. If the Device is returned undamaged by the end of the Trial Period, LabyrinthAI will refund the full $500 Deposit to Customer. If the Device is returned damaged or not returned at all, LabyrinthAI may retain all or part of the Deposit to cover repair or replacement costs. Customer is responsible for the cost of shipping the Device back to LabyrinthAI in a timely manner.

5. Use of Software and Data

Customer is granted no ownership rights in the Software. Customer may not copy, sell, share, distribute, rent, lease, sublicense, decompile, reverse engineer, or otherwise use the Software beyond the scope of the license granted hereunder. Customer may use the data collected by the Software (including video of hand and arm movements) for its own business purposes. LabyrinthAI retains the right to use this data (with personal identifiers removed) to train and improve its AI models. Customer hereby grants LabyrinthAI an irrevocable, royalty-free license to use, reproduce, modify, and analyze any data collected by the Software in connection with the Device for any purpose.

6. Data Collection and Privacy

Customer acknowledges that RoboCapture will record video of Customer’s hands, arms, and surroundings while using the Device. LabyrinthAI will store and process this data and will apply data augmentation or similar techniques to remove or obscure any personally identifiable information. LabyrinthAI will use and protect Customer’s data in accordance with applicable privacy laws and its privacy policy. Except for the anonymized use described above, LabyrinthAI will not share Customer’s raw data with third parties without Customer’s consent.

7. Disclaimer of Warranties and Limitation of Liability

THE SOFTWARE AND DEVICE ARE PROVIDED “AS IS,” AND LABYRINTHAI MAKES NO WARRANTIES OF ANY KIND. LABYRINTHAI EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LABYRINTHAI DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED. CUSTOMER AGREES TO USE THE SOFTWARE AND DEVICE AT CUSTOMER’S OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LABYRINTHAI SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SOFTWARE, OR THE DEVICE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS INCLUDES ANY INJURY OR DAMAGE (PHYSICAL OR OTHERWISE) INCURRED WHILE USING OR WEARING THE DEVICE. LABYRINTHAI’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER, IF ANY.

8. Governing Law and Jurisdiction; Enforceability

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of laws rules. Any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware. If any provision of this Agreement is found to be invalid or unenforceable, that provision will be reformed only to the extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

9. Miscellaneous

This Agreement, together with any documents expressly incorporated by reference, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements or understandings. Any amendment to this Agreement must be in writing and signed by both parties. LabyrinthAI may assign this Agreement without notice to Customer. Customer may not assign or transfer its rights or obligations under this Agreement without LabyrinthAI’s prior written consent. Failure to enforce any right under this Agreement does not constitute a waiver of that right.