1. Overview

These Terms of Use ("Terms") govern your access to and use of Ari, provided by RealWear, Inc., a company registered in the United States with its business address at 600 Hatheway Rd #206, Vancouver, WA 98661, United States ("we", "us", "our").

By accessing or using Ari, you agree to be bound by these Terms. If you do not agree, you must not use the Service.

If you use Ari as an employee or contractor of an organisation that has subscribed to Ari (your "Organisation"), these Terms also apply to you, and your Organisation may have additional terms agreed with us that govern your use.

2. Eligibility

You may use Ari only if:

• You are at least 16 years old (or the minimum age required by law in your jurisdiction to use such services);

• You have the legal capacity to enter into a binding agreement; and

• Where applicable, you are authorised by your Organisation to use Ari.

By using Ari, you represent and warrant that you meet these requirements.

3. Account and access

3.1 Account creation and SSO

You may access Ari via an account created directly with us or through your Organisation (for example, Single Sign-On or another identity provider). You must provide accurate and up-to-date information and keep your login credentials secure.

3.2 Responsibility for your account

You are responsible for all activity that occurs under your account. You must notify us and/or your Organisation immediately if you suspect any unauthorised access or use of your account.

3.3 Organisation administration

If you use Ari through an Organisation, your account may be managed by that Organisation. This may include the ability to:

• Provision, modify, or deactivate your access;

• Access or configure settings, including history, retention, and integrations; and

• Access certain usage data related to your account.

Your use of Ari may also be subject to your Organisation's internal policies.

4. Use of Ari

4.1 Licence to use the Service

Subject to these Terms and (where applicable) your Organisation's subscription, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use Ari for your internal business purposes or personal use, as applicable.

4.2 Acceptable use

You agree that you will not, and will not attempt to:

• Use Ari in any way that violates applicable law or regulation;

• Upload, transmit, or share any content that is unlawful, harmful, abusive, defamatory, harassing, discriminatory, or otherwise objectionable;

• Infringe the intellectual property or privacy rights of others;

• Reverse engineer, decompile, modify, or attempt to extract the source code of any part of Ari, except to the extent that such restriction is prohibited by law;

• Interfere with or disrupt the integrity or performance of Ari or any related system;

• Bypass or attempt to bypass any security or access control mechanism;

• Use Ari to develop, train or improve competing AI models or services, except as expressly permitted by us in writing; or

• Use Ari to generate or disseminate content that:

  • Promotes violence or terrorism;

  • Spreads malware;

  • Is designed to mislead about being human (bot impersonation) without appropriate disclosure; or

  • Violates any applicable platform policies or third-party rights.

We may (without obligation) monitor usage for security and abuse prevention and may suspend or terminate access in case of suspected violations.

4.3 Your content

You may provide input ("Input") to Ari (for example, voice, text, documents) and receive output generated by Ari ("Output"). Between you, your Organisation (where applicable) and us:

• You (or your Organisation) retain ownership of your Input; and

• Subject to your and your Organisation's rights, we grant you a licence to use the Output for your permitted business or personal purposes.

You are responsible for ensuring that your Input:

• Is lawful and does not violate these Terms or any third-party rights; and

• Does not contain sensitive personal data unless processing is necessary and permitted under applicable law and any relevant policies (for example, special category data under GDPR), and your Organisation authorises such use.

5. AI-specific notices and limitations

5.1 Non-deterministic nature of AI

Ari relies on artificial intelligence and machine learning models, which may produce non-deterministic, incomplete, biased, or incorrect results. Output may not always be accurate, current or suitable for your specific use case.

5.2 No professional advice

Unless explicitly stated otherwise, Output from Ari does not constitute legal, medical, financial, or other professional advice. You should not rely on it as a substitute for professional judgment, and you remain responsible for how you use the Output.

5.3 User verification

You are responsible for reviewing and verifying Output before relying on it, sharing it, or using it to make decisions.

6. Integrations and third-party services

Ari may integrate with third-party services (for example, Microsoft 365, cloud storage providers, ticketing systems). When you enable such integrations:

• You authorise us to access and process data from those services on your behalf;

• Your use of each third-party service is governed by the terms and privacy policies of that third party, not these Terms; and

• We are not responsible for third-party services, and they may be modified, suspended, or discontinued by the third party.

Your Organisation may control which integrations are available and how they are configured.

7. Intellectual property

7.1 Our IP

We and our licensors own all rights, title and interest in and to Ari and its components, including software, interfaces, designs, logos, and underlying models (excluding any third-party components and your Input/Output). These are protected by intellectual property laws and treaties.

7.2 Restrictions

Except as expressly permitted in these Terms, you may not:

• Copy, modify, distribute, sell, lease or sublicense any part of Ari; or

• Use any branding, logos or names without our prior written consent.

7.3 Feedback

If you provide feedback, suggestions or ideas about Ari ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free licence to use the Feedback for any purpose, without obligation to you.

8. Privacy

Our processing of personal data in connection with Ari is described in our Privacy Policy (available in the Ari interface or at a URL designated by us). By using Ari, you acknowledge that your personal data will be processed as described in that policy.

If you use Ari through an Organisation, that Organisation's privacy notices and policies may also apply.

9. Term and termination

9.1 Term

These Terms apply from the moment you first access or use Ari and remain in effect until terminated by you, your Organisation, or us.

9.2 Your termination

You may stop using Ari at any time. If you have an individual account, you may close it according to the instructions in the Service or by contacting us.

9.3 Our termination or suspension

We may suspend or terminate your access to Ari (or any part of it) at any time, with or without notice, if:

• You breach these Terms or applicable law;

• We are required to do so by law or a competent authority;

• Your Organisation requests it (if your access is via an Organisation); or

• We decide to discontinue Ari or a particular feature (we will provide reasonable notice where practicable).

Upon termination:

• Your right to use Ari ceases; and

• We may delete or anonymise data associated with your account, subject to our legal and contractual obligations and our Privacy Policy.

10. Disclaimers

To the maximum extent permitted by law, Ari is provided on an "as is" and "as available" basis. We and our affiliates and licensors:

• Do not warrant that Ari will be uninterrupted, secure or error-free;

• Do not guarantee the accuracy, completeness or reliability of any Output; and

• Disclaim all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

11. Limitation of liability

To the maximum extent permitted by applicable law:

• We and our affiliates and licensors shall not be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, including loss of profits, loss of data, business interruption, or reputational harm, arising out of or in connection with your use of Ari, even if advised of the possibility of such damages; and

• Our total aggregate liability arising out of or relating to your use of Ari (for all claims, in aggregate) shall not exceed the greater of:

  • (a) the amount you (or your Organisation) have paid us for your use of Ari in the 12 months preceding the first event giving rise to the claim; or

  • (b) 100.00 USD if no fees are paid directly by you.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

If you use Ari through an Organisation, any further limitations of liability may be set out in our contract with that Organisation, which shall prevail over this section where applicable.

12. Indemnity

To the extent permitted by law, you agree to indemnify, defend and hold harmless RealWear, Inc., its affiliates, officers, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your breach of these Terms;

• Your misuse of Ari; or

• Your Input or use of Output that infringes or violates any third-party rights or applicable law.

If you are an employee using Ari under an Organisation's licence, this clause may be subject to that Organisation's internal policies and applicable employment law.

13. Changes to Ari or these Terms

We may modify Ari and/or these Terms from time to time, for example to reflect new features, changes in law, or business needs.

• If we make material changes to these Terms, we will provide notice (for example, in-app notice, email or through your Organisation) and indicate the updated "Last updated" date.

• Continued use of Ari after changes take effect constitutes your acceptance of the updated Terms.

If you do not agree to the updated Terms, you should stop using Ari.

14. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or the use of Ari shall be governed by and construed in accordance with the laws of the State of Washington, United States, excluding its conflict-of-law rules.

If you use Ari through an Organisation, the governing law and jurisdiction may be determined by our agreement with that Organisation.

15. Miscellaneous

• Entire agreement: These Terms (together with any additional terms referred to herein) constitute the entire agreement between you and us regarding Ari, unless superseded by a written agreement between us and your Organisation.

• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• No waiver: Our failure to enforce any right or provision will not be deemed a waiver of such right or provision.

• Assignment: You may not assign or transfer your rights or obligations under these Terms. We may assign or transfer our rights and obligations to another entity as part of a restructuring, merger, acquisition or sale of assets, provided that this does not reduce your protections under these Terms and applicable law.

16. Contact

If you have any questions about these Terms, please contact:

• Email: legal@realwear.com or support@realwear.com

• Address: RealWear Inc., 4400 NE 77th Ave, Suite 275, Vancouver, WA, 98662, United States