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.
Definitions
"Bundle" means the combined purchase of Hardware and a Platform subscription. "Kiosk" means a holographic display converted by or for HumanBeam into an interactive kiosk incorporating touch input, camera, microphones, speakers, an embedded computer and pre-installed HumanBeam software. "Customer Content" means all photos, images, video, audio, voice samples, scripts, knowledge-base text, documents and other materials you or your users submit to the Platform. "End User" means any person who interacts with a Kiosk or an Output, including your visitors, guests, patients, students and customers. "Avatar" means a digital, AI-driven representation generated by the Platform, whether from stock characters or from Customer Content. "Order" means your online order for a Bundle, Hardware or subscription.
Orders, Pricing and Payment
2.1 Orders.
All Orders are offers by you and are subject to acceptance by HumanBeam. We may reject an Order at any time before shipment for any reason; if we do, our sole obligation is to refund amounts paid on that Order.
2.2 Hardware down payment.
Hardware is reserved with a one-time down payment at the amount displayed for your selected Kiosk size on our pricing page (humanbeam.io/pricing) at the time you place your Order; the amount shown at checkout is the amount that applies to your Order. The down payment covers reservation of your display and its conversion into a Kiosk, including assembly and configuration. The remaining Hardware balance, shipping and applicable taxes and duties are confirmed and invoiced before shipment. Down payments are refundable in full if you cancel before conversion work on your Kiosk begins; once conversion work has begun, the down payment is non-refundable, except where applicable law requires otherwise. The point at which conversion begins is confirmed to you by email.
2.3 Subscription fees.
Platform subscriptions are billed monthly in advance, per Kiosk, at the plan rate displayed on our pricing page (humanbeam.io/pricing) at the time of your Order; the rate shown at checkout is the rate that applies. We may change plan pricing by posting updated rates to the pricing page; for existing subscriptions, price changes take effect only at a subsequent renewal and only after at least thirty (30) days’ notice to you. Prices exclude taxes, which are your responsibility. All payments are collected and processed by our payment processor, Stripe; HumanBeam does not collect or store payment card or billing details.
2.4 Automatic renewal and cancellation.
Subscriptions renew automatically each month until cancelled. You may cancel at any time through your account settings or by written notice to hello@humanbeam.io, effective at the end of the then-current billing period. We will provide any renewal notices required by applicable law. No refunds are provided for partial billing periods except as required by law.
2.5 Late payment; suspension.
If a payment fails or is missed, we will notify you; if payment is not received within forty-eight (48) hours of that notice, we may suspend Platform access, including Kiosk functionality, until the account is brought current.
2.6 Annual term commitments.
Where you select an annual-commitment plan billed monthly, you are committing to a twelve (12) month term. If you terminate before the end of that term for any reason other than HumanBeam’s uncured material breach, the remaining balance for the committed term becomes immediately due and payable. Renewal pricing is the rate then displayed on the pricing page for your plan, provided under at least thirty (30) days’ notice per Section 2.3.
Shipping, Title and Risk
Hardware is supplied, assembled and delivered by faytech, HumanBeam’s hardware manufacturing and fulfillment partner. Shipping costs are not included in the Hardware price: they are calculated based on your Kiosk size and delivery destination after your Order is placed, and are invoiced to you before dispatch. Estimated shipping windows are provided on order confirmation. Title to the Hardware and risk of loss pass to you on delivery to the carrier, except that for shipments where freight is prepaid, risk of loss passes on delivery to your shipping address. You are responsible for import duties, customs and local taxes for deliveries outside Canada and the United States. Delivery dates are estimates; where the Hardware cannot ship within the time stated (or, for US customers, within thirty (30) days where no time is stated), we will notify you and offer a revised date or a full refund of amounts paid for the delayed Hardware.
Returns and Hardware Warranty
4.1 Return window.
Unused Hardware in its original packaging may be returned within seven (7) days of delivery for a refund of the Hardware purchase price, less original shipping, return shipping and any non-recoverable taxes or duties. Because each Kiosk is custom-converted to order, returned units are subject to a restocking fee equal to the greater of twenty-five percent (25%) of the Hardware purchase price or the amount of the down payment paid for that unit.
4.2 Kiosk Limited Warranty (provided by faytech).
Each Kiosk — including the holographic display panel and all conversion components (touch layer, camera, microphone array, speakers and embedded computer) — is warranted against defects in materials and workmanship for twelve (12) months from dispatch. This warranty is supplied and serviced by faytech, HumanBeam’s hardware manufacturing and fulfillment partner; warranty claims are made through HumanBeam at hello@humanbeam.io, and repair or replacement of a defective Kiosk is coordinated with faytech on your behalf. The warranty does not cover accidental damage, misuse, unauthorized modification, disassembly, cosmetic wear, or damage from power or environmental conditions outside the published specifications. This warranty gives you specific rights; you may have others under applicable law. THE FOREGOING IS YOUR EXCLUSIVE HARDWARE REMEDY AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, REPLACES ALL OTHER HARDWARE WARRANTIES, EXPRESS OR IMPLIED.
Platform Subscription and License
5.1 Access.
Subject to these Terms and payment of fees, HumanBeam grants you a non-exclusive, non-transferable right during the subscription term to access and use the Platform for your internal business purposes, including creating Avatars and Outputs and operating them on your Kiosks and on your own websites and displays.
5.2 Kiosk dependency.
The Kiosk requires an active Platform subscription and internet connectivity to operate its avatar, video and LiveCall features. IF YOUR SUBSCRIPTION LAPSES OR IS TERMINATED, THE KIOSK’S SOFTWARE FEATURES WILL CEASE TO FUNCTION, although you retain ownership of the Hardware. This dependency is a material term of the Bundle and is disclosed before purchase.
5.3 Plan features and plan changes.
Plan inclusions (number of Avatars, Video Wizard generations, LiveCall availability, support level) are as described on the pricing page at the time of purchase and may evolve. You may upgrade to a higher plan at any time, effective immediately, with fees adjusted on a pro-rated basis for the current billing period. Downgrades to a lower plan, and any material reduction we make to a paid plan’s inclusions, take effect only at your next renewal, consistent with Section 2.6.
5.4 Usage quotas and top-ups.
Usage units (such as avatar conversation minutes), quota amounts and bulk or Enterprise minute packages are as described on the pricing page for your plan. An avatar conversation is initiated only by an End User; an automated greeting or idle Kiosk display does not, by itself, consume a usage unit. If your quota is exhausted and no top-up has been arranged in advance, the affected Avatar will pause and display a notice to End Users; HumanBeam does not automatically bill for or add overage capacity without your election. You may add capacity at any time by upgrading your plan or purchasing an additional usage package.
5.5 Enterprise features.
Certain features, including bulk usage packages and the intent-based advertising engine and associated ad-revenue sharing, are available only to Enterprise customers under a separate Enterprise Order or statement of work, which will set out applicable pricing, revenue-share terms, and any additional data-handling terms specific to that feature.
Customer Content and Outputs
6.1 Your ownership.
You retain all rights in Customer Content. You grant HumanBeam a worldwide, non-exclusive license to host, process, reproduce, modify and display Customer Content, and to generate Avatars and Outputs from it, solely to provide, secure and improve the services and as otherwise instructed by you.
6.2 Outputs.
As between the parties and subject to these Terms and third-party rights embodied in the Outputs (including the likeness rights of depicted individuals), you own the Outputs generated from your Customer Content and may use them for your business purposes. Stock characters remain licensed, not sold, and may be subject to the use restrictions in Section 8. The standard online offering uses stock characters exclusively; custom replicas of real individuals are a separate, request-only service governed by Section 7.
6.3 AI accuracy.
Outputs are generated by artificial-intelligence systems and may be inaccurate, incomplete or inappropriate for particular uses despite safeguards. You are responsible for reviewing Outputs before deployment and for all decisions made in reliance on them. Outputs are not medical, legal, financial or other professional advice.
6.4 Knowledge bases, prompts and editor inputs.
You are solely responsible for all knowledge-base content, prompts, persona instructions, scripts and any other data you or your users enter into Persona Builder, Video Wizard or other editor tools — including their accuracy, lawfulness and your right to use them, and for not entering personal or sensitive information that is unnecessary for the Avatar’s purpose or that you lack a lawful basis to process. Avatars respond based on what you provide; HumanBeam does not review or verify your knowledge-base content.
6.5 Service improvement.
You grant HumanBeam the right to use content submitted to the editor tools to develop and improve HumanBeam products and services. For photos or media depicting real, identifiable individuals, this right applies only where the documented consent obtained under Section 7 expressly covers use for product development and improvement (the HumanBeam consent template includes this). End-User interaction data processed on behalf of customers is excluded and is used only to provide the Services. Improvement uses rely on de-identified or aggregated data wherever practicable.
Likeness, Biometric and Consent Obligations
For the standard online offering, Avatars are created from HumanBeam’s stock character library and no photo of a real person is required or collected for Avatar creation. Custom replica Avatars — generated from a photo of a real individual — are available only as a bespoke service on written request, under a separate order and consent process. Where you do submit any photo, image or video depicting a real, identifiable person (for a custom replica request or any photo-based feature), it is stored only after you confirm at upload that the required consent has been obtained, and you represent and warrant that, before submitting it, you have obtained from that person (or their authorized representative) all rights, licenses, notices, releases and consents required under applicable law for HumanBeam and its service providers to collect, process, store and use that content — including any explicit consent required for the processing of biometric identifiers or biometric information — and to generate, display and operate Avatars and Outputs from it. Upon request, you will provide copies of such consents. HumanBeam provides a template Likeness Consent & Release, but you are responsible for its sufficiency in your jurisdiction.
Acceptable Use (Prohibited Use Policy)
The obligations in this Section 8 are also published as the standalone HumanBeam Prohibited Use Policy at humanbeam.io/prohibited-use, which is incorporated into these Terms. If the standalone policy and this Section differ, the stricter provision applies.
You will not, and will not permit any user or End User to:
create an Avatar of any real, identifiable person without that person’s documented, explicit consent;
create an Avatar depicting, or appearing to depict, any person under 18 years of age;
impersonate any person, public figure, government official or organization, or create content intended to deceive;
create or distribute content that is unlawful, sexually explicit, hateful, harassing, violent, or that infringes intellectual-property, privacy or publicity rights;
use stock Avatars in political campaigning, fundraising, news presentation, or content concerning polarizing or sensitive current events, without our prior written approval;
use the Platform to provide regulated professional advice without appropriate human oversight and licensure;
interfere with, reverse engineer, or circumvent security or usage limits of the Platform or Kiosk software;
use the services to develop a competing product.
8.1 AI disclosure.
You must clearly and prominently disclose to End Users, at or before the point of interaction, that they are interacting with an AI system and not a human, except during LiveCall sessions in which a real person is present. The Kiosk interface includes such disclosures; you may not remove or obscure them.
8.2 Deployment notices.
For each Kiosk installed in a space accessible to End Users, you must post conspicuous signage, in the local language, disclosing that (a) the Kiosk uses a camera and microphones and that interactions may be recorded and processed, and (b) the on-screen persona is AI-generated. HumanBeam supplies template signage; you are responsible for compliance with recording, surveillance, privacy and accessibility laws applicable to your venue.
8.3 Enforcement.
We may remove content or suspend accounts, Avatars or Kiosk features that we reasonably believe violate this Section 8, with notice where practicable.
8.4 Camera and computer-vision controls.
Organizations that do not wish to enable the Kiosk camera or the Avatar’s computer-vision features may request that these be disabled by feature flag for their Kiosks by contacting hello@humanbeam.io. Disabling the camera does not remove your signage and disclosure obligations for the microphone and any remaining capture features in use.
Privacy and Data Processing
Our collection and use of personal information is described in the HumanBeam Privacy Policy. Where you deploy Kiosks or Avatars to interact with End Users, you are the organization responsible for that personal information (controller) and HumanBeam processes it on your instructions (processor/service provider) under our Data Processing Addendum, which is incorporated by reference for customers who require it. HumanBeam uses vetted third-party infrastructure and AI service providers as subprocessors; a current description of subprocessor categories is set out in the Privacy Policy and a named subprocessor list is available upon written request, subject to reasonable confidentiality obligations.
Intellectual Property
HumanBeam and its licensors retain all rights in the Platform, the Kiosk software, stock characters, documentation, and all improvements. No rights are granted except as expressly stated. You may not use HumanBeam trademarks without written permission. If you provide feedback, we may use it without restriction or obligation.
Confidentiality
Each party will protect the other’s non-public business information with at least reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisors under confidentiality obligations, or as required by law with notice where lawful.
Disclaimers
EXCEPT AS EXPRESSLY STATED IN SECTION 4.2, THE HARDWARE, PLATFORM, AVATARS AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMANBEAM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR THAT OUTPUTS WILL BE ACCURATE.
Indemnification
13.1 By Customer.
You will defend and indemnify HumanBeam, its affiliates and their personnel against third-party claims, and resulting losses and reasonable legal fees, arising from (a) Customer Content, including any claim that a depicted person’s likeness, voice, publicity, privacy or biometric rights were used without required consent; (b) your deployment of Kiosks or Outputs, including recording of End Users and required disclosures; (c) your breach of Sections 7 or 8; or (d) your violation of law.
13.2 By HumanBeam.
HumanBeam will defend and indemnify you against third-party claims that the Platform, as provided by us and used per these Terms, infringes that party’s intellectual-property rights, and will pay resulting damages finally awarded or agreed. If the Platform is enjoined, we may modify it, procure rights, or terminate affected services with a pro-rata refund. This Section states our entire liability for infringement.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, GOODWILL OR DATA; AND (B) EACH PARTY’S TOTAL LIABILITY ARISING OUT OF THESE TERMS IS CAPPED AT THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO HUMANBEAM IN THE TWELVE (12) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY (OR, FOR HARDWARE CLAIMS, THE PRICE OF THE AFFECTED KIOSK). THE CAP DOES NOT APPLY TO CUSTOMER’S INDEMNITY AND CONSENT OBLIGATIONS UNDER SECTIONS 7, 8 AND 13.1, TO EITHER PARTY’S CONFIDENTIALITY BREACH, OR TO LIABILITY THAT CANNOT BE LIMITED BY LAW.
Term, Suspension and Termination
These Terms apply from acceptance and continue while you have an active subscription or outstanding Order. Either party may terminate for material breach not cured within thirty (30) days of notice. On termination: fees accrued remain payable; your Platform access ends; Kiosk software features cease per Section 5.2; and, on written request within thirty (30) days, we will make your Customer Content available for export and thereafter delete it per our retention schedule, except as law requires retention. Sections 6.3, 7, and 10 through 17 survive.
Governing Law and Disputes
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflicts rules, and excluding the UN Convention on Contracts for the International Sale of Goods. The parties attorn to the exclusive jurisdiction of the courts of British Columbia sitting in Vancouver.
General
These Terms, together with the Privacy Policy, the EULA, order confirmations and any Data Processing Addendum, are the entire agreement and supersede prior discussions. We may update these Terms; material changes take effect for you at your next renewal, and we will provide notice and, where required, re-request acceptance. You may not assign these Terms without our consent, except to an affiliate or in connection with a merger or sale of substantially all assets; we may assign to an affiliate or successor. Neither party is liable for delay caused by events beyond reasonable control. Notices to HumanBeam: hello@humanbeam.io and 321 Water st. Vancouver, BC, V6B 1B8. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder stays in effect. No waiver is effective unless in writing.
