Terms of service — archive

§1. General provisions

These Terms of Service (the "Terms") set out the general conditions for the provision of 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 Main Agreement (including the Pilot Agreement) concluded between the Provider and the Customer and apply to the Services provided.

In the event of a conflict between the provisions of the Main Agreement and these Terms, the provisions of the Main Agreement shall prevail.

§2. Subject matter and scope of the Service

The subject matter of the Service is to provide the Customer with 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 is not entitled to demand that functionality remain unchanged for the duration of the Agreement, unless the Main 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, time-limited licence to use the Software within the scope set out in the Main Agreement.

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

§4. Acceptable use policy

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

Within the scope of 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, using the Software, Content that infringes the law, third-party rights, malware or computer viruses.

§5. Provision of services and SLA (Service Level Agreement)

The Provider undertakes to keep the Service in a condition that allows it to be used correctly.

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

Maintenance windows: Planned maintenance windows intended for maintenance or updates are not included in Service downtime. The Provider reserves the right to carry out maintenance work at weekends or during night hours (22:00–4:00 CET/CEST), after notifying the Customer with reasonable advance notice.

Technical support: For the StandAlone Licence, technical support is limited to faults that prevent use of the Software or that result from errors in the Provider's code, excluding errors resulting from improper operation of the XR Equipment by the Customer. Support is provided on Working Days between 9:00 and 17:00 (CET/CEST).

Response time for (critical) failures: The Provider undertakes to respond to a report of a critical failure (one that prevents use) within 48 working hours of a correctly submitted report, provided that the Customer supplies the necessary diagnostic logs. This time is counted only during support working hours.

§6. Financial terms and payments

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

All fees are payable 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 Main 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

Exclusive financial limitation of liability: To the fullest extent permitted by Polish law, the Seller's total aggregate liability, including for failure to perform 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.

Exclusion of liability for indirect damages and data: The Seller shall not be liable for:

• Indirect damages, non-material losses, loss of 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 arising from editing, deletion or a malfunction of the Aikando platform.
• Loss of data caused by permanent damage, failure or malfunction of the XR Equipment, in particular where the StandAlone Licence is used. The Customer is solely responsible for regularly backing up its Content.

Risks associated with the use of XR Equipment: The Buyer acknowledges that Mixed Reality (XR) technology, including the passthrough camera feature of the headset, 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, appropriate supervision of Users, and for requiring Users to exercise absolute caution and awareness of their physical surroundings.
• The Buyer must require Users to read and strictly comply with the Instructions for Use (Appendix No. 4 to the Agreement).
• The Aikando Software and platform are solely a training support tool and do not replace any certification, qualifications or authorisations required to conduct business, nor do they exclude health and safety requirements.
• The Seller shall not be liable for accidents, personal injury or property damage arising in connection with the use of the XR Equipment and Software resulting from a failure to observe health and safety requirements or a 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 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 equipment manufacturer (Meta Platforms) that prevent the Software from functioning.

§8. Final provisions

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

The Customer is entitled to terminate the Agreement within 14 days of receiving notice of a change to the Terms, if the change negatively affects the terms of the Agreement.

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