Terms of service

§1. General provisions

These Terms and Conditions ("Terms") set out the general conditions for the provision of the Aikando Software services (the "Service") by CAPTiX sp. z o.o., hereinafter referred to as the "Provider" or "Seller", to the Buyer/Customer, hereinafter referred to as the "Customer".

The Terms form an integral part of the Master Agreement (including the Pilot Agreement) concluded between the Provider and the Customer and apply to the Services provided.

In the event of any inconsistency between the provisions of the Master Agreement and these Terms, the provisions of the Master Agreement shall prevail.

§2. Subject and scope of the service

The subject of the Service is to grant the Customer a Licence to use the Aikando Software, defined as an application for creating, playing back and managing instructions and procedures in mixed reality (XR), in accordance with the selected licensing model (e.g. StandAlone).

The Service is intended solely for the Customer's professional and internal use and may not be resold or sub-licensed to third parties, other than the Customer's Users.

The Provider reserves the right to introduce changes and updates to the Software's functionality. The Customer has no right to demand that functionality remain unchanged during the term of the Agreement, unless the Master Agreement provides otherwise.

§3. Intellectual property and licensing

All copyright and intellectual property rights to the Aikando Software and its accompanying code, documentation and interface remain the exclusive property of the Provider.

The Customer is granted a non-exclusive, non-transferable and time-limited licence to use the Software within the scope set out in the Master Agreement.

All instructions, procedures, data and other materials created by the Customer using the Software ("Content") remain the exclusive property of the Customer.

§4. Acceptable use rules

The Customer undertakes to use the Aikando Software and the XR Equipment solely in accordance with their intended purpose, applicable law, and the safety and health and safety instructions provided.

When using the Licence, the Customer and its Users are strictly prohibited from:

• Reverse engineering, decompiling, disassembling or otherwise attempting to discover or modify the Software's source code.
• Bypassing, removing or tampering with any security mechanisms or licence management systems used by the Provider.
• Using the Software to create competing systems, applications or educational/training services.
• Uploading or creating Content using the Software that violates the law, the rights of third parties, or that constitutes malware or computer viruses.

§5. Service delivery and SLA

The Provider undertakes to maintain the Service in a condition allowing it to be used correctly.

Service availability (SLA): the Provider aims to ensure the availability of the Service's network infrastructure at a level of 99% on a calendar month basis.

Maintenance windows: planned maintenance windows for maintenance or updates are not counted towards Service downtime. The Provider reserves the right to carry out maintenance work on weekends or at night (22:00-4:00 CET/CEST), after informing the Customer in advance with reasonable notice.

Technical support: for the StandAlone Licence, technical support is limited to faults preventing use of the Software or arising from errors in the Provider's code, excluding errors resulting from incorrect use of the XR Equipment by the Customer. Support is provided on Business Days between 9:00 and 17:00 (CET/CEST).

Response time for (critical) failures: the Provider undertakes to respond to reports of a critical failure (preventing use) within 72 business hours of a properly submitted report, provided the Customer supplies the necessary diagnostic logs. This time is calculated solely during support working hours.

§6. Financial terms and payments

Fees for the Service are set out in the Master Agreement or the related Order.

All fees are due in advance for the given Payment Period and are non-refundable, regardless of whether the Customer actually used the Service for the entire period, unless the Master Agreement provides otherwise.

In the event of late payment, the Provider is entitled to charge statutory interest for late payment in commercial transactions.

§7. Limitation of liability

To the fullest extent permitted by Polish law, the Seller's total aggregate liability, including for non-performance or improper performance of the Agreement and for warranty claims, is limited to the amount actually paid by the Buyer to the Seller under the Agreement in the 12 (twelve) calendar months preceding the claim.

The Seller shall not be liable for:

• Indirect damages, non-material losses, lost profits (lucrum cessans), loss of reputation, production losses, training delays or other damages that are not the direct and sole result of intentional action by the Seller.
• Loss, damage or disruption of the Buyer's data, content, instructions or procedures related to editing, deletion or malfunction of the Aikando platform.
• Any errors, delays, defects or damages arising from incorrect, incomplete or unclear instructions, guidelines, data or materials provided by the Buyer or persons acting on its behalf. The Seller is not obliged to verify the substantive correctness of such instructions. Liability for the consequences of following faulty instructions rests solely with the Buyer.
• Loss of data caused by permanent damage, failure or malfunction of the XR Equipment, in particular when using the StandAlone Licence. The Customer bears sole responsibility for regularly backing up its Content.

The Buyer acknowledges that Mixed Reality (XR) technology, including the headset's passthrough camera feature, does not guarantee constant and uninterrupted visibility of the physical environment and may be temporarily disrupted. Accordingly:

• The Buyer is solely responsible for ensuring safe conditions for the use of the XR Equipment, adequate supervision of Users, and enforcing strict caution and awareness of the physical environment among Users.
• The Buyer is obliged to ensure that Users read and strictly comply with the Instructions for Use.
• The Aikando Software and platform are solely a training support tool and do not replace the certifications, qualifications or authorisations required to conduct business activities, nor do they exclude health and safety requirements.
• The Seller is not liable for accidents, personal injury or property damage arising in connection with the use of the XR Equipment and Software resulting from failure to comply with health and safety requirements or failure to follow instructions by the Buyer or Users. The Buyer is responsible for its own actions.

Force majeure: neither Party shall be liable for failure to perform or delay in performing its obligations (except for the obligation to pay remuneration) if this results from an event of Force Majeure (natural disasters, fires, pandemics, decisions of authorities). Force Majeure also includes events beyond the Seller's control, such as large-scale hacking attacks, global cloud provider outages, or changes to the operating systems of the XR hardware provider (Meta Platforms) that prevent the Software from functioning.

§8. Final provisions

The Provider has the right to unilaterally amend these Terms for valid reasons (e.g. changes in law, technological changes, changes in the scope of services) after informing the Customer of the changes with 14 days' notice.

The Customer has the right to terminate the Agreement within 14 days of receiving notice of a change to the Terms if the change negatively affects the conditions of the Agreement.

These Terms are governed by Polish law. Any disputes will be settled by the common court having jurisdiction over the Provider's registered office.