This End User License Agreement ("EULA") governs the software pre-installed on, or delivered to, HumanBeam Kiosk hardware — including the kiosk shell application, connectivity and loader components, local runtime, device-management agents and updates (collectively, the "Kiosk Software"). It is an agreement between HumanBeam Technologies Inc. ("HumanBeam") and the business entity that purchased or operates the Kiosk ("you"). By powering on or using the Kiosk, you accept this EULA. The cloud services accessed through the Kiosk are governed separately by the HumanBeam Terms of Service and Sale.
License Grant
Subject to this EULA and your active subscription, HumanBeam grants you a limited, non-exclusive, non-transferable, non-sublicensable license to run the Kiosk Software solely (a) on the specific Kiosk unit on which it was installed by or for HumanBeam, and (b) for your internal business purposes. The Kiosk Software is licensed, not sold.
Restrictions
Except to the extent a restriction is prohibited by applicable law, you will not, and will not permit anyone to:
copy the Kiosk Software or install or run it on any device other than the Kiosk on which it was delivered;
modify, adapt, translate or create derivative works of the Kiosk Software;
reverse engineer, decompile, disassemble or attempt to derive source code, models or algorithms;
remove, disable or circumvent licensing, security, telemetry or content-disclosure features (including on-screen AI disclosures);
remove or alter proprietary notices;
rent, lease, lend or provide the Kiosk Software to third parties as a stand-alone offering, or use it to operate a service bureau;
use the Kiosk Software in violation of the Acceptable Use provisions of the Terms of Service and Sale.
Updates and Remote Management
The Kiosk Software communicates with HumanBeam systems and may download and install updates, patches, configuration changes and new features automatically, with or without notice, to maintain security, compatibility and performance. Some updates may be required for continued operation. HumanBeam may remotely manage, diagnose, and — where the Terms permit suspension — disable Platform features on the Kiosk.
Subscription Dependency
The Kiosk Software requires an active HumanBeam Platform subscription and internet connectivity for its avatar, video and LiveCall features. On lapse, suspension or termination of the subscription, those features will cease to function, and the Kiosk Software may display only a limited offline state. Ownership of the Kiosk hardware is unaffected.
Ownership
HumanBeam and its licensors retain all right, title and interest in and to the Kiosk Software, including all intellectual-property rights. The Kiosk Software may include third-party and open-source components; those components are licensed under their own terms, which are available at [URL] and prevail over this EULA for those components only.
Telemetry and Data
The Kiosk Software collects device telemetry (such as uptime, temperature, error logs, network quality, software version and usage metrics) to operate, secure and improve the Kiosk and to provide support. Content data captured during End-User interactions (audio and, where the camera is enabled, video, plus transcripts) is processed on your behalf as described in the HumanBeam Privacy Policy and, where applicable, your Data Processing Addendum. The Kiosk camera and computer-vision features can be disabled for your organization by feature flag on request to hello@humanbeam.io. You are responsible for all notices and consents required at your venue for the capture features you keep enabled.
Transfer of the Kiosk
If you sell or transfer the Kiosk hardware to another business, you must (a) notify HumanBeam, (b) remove your Customer Content and account associations, and (c) ensure the transferee accepts this EULA and the Terms of Service and Sale; the transferee will require its own subscription for the Kiosk Software features to function. Any transfer in violation of this Section terminates the license.
Term and Termination
This EULA is effective until terminated. It terminates automatically on your material breach of Sections 1, 2 or 7, or on termination of the Terms of Service and Sale. On termination, the license ends and you must cease use of the Kiosk Software, provided that Sections 5, 6 (as to prior processing), and 9 through 11 survive.
Disclaimer
THE KIOSK SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMANBEAM DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HARDWARE WARRANTY IS ADDRESSED EXCLUSIVELY IN THE TERMS OF SERVICE AND SALE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMANBEAM IS NOT LIABLE UNDER THIS EULA FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE OR DATA, AND HUMANBEAM’S TOTAL LIABILITY UNDER THIS EULA IS CAPPED AT THE AMOUNTS PAID FOR THE AFFECTED KIOSK. NOTHING IN THIS EULA LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
General
This EULA is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein; the courts of British Columbia sitting in Vancouver have exclusive jurisdiction. You will comply with applicable export-control and sanctions laws and will not use or transfer the Kiosk Software in violation of them. If any provision is unenforceable, it is modified to the minimum extent necessary and the remainder remains in effect. This EULA, with the Terms of Service and Sale and Privacy Policy, is the entire agreement regarding the Kiosk Software. Notices: hello@humanbeam.io.
