ZUPER GLASS BETA PROGRAM 
TERMS & CONDITIONS 

These Terms & Conditions (“Terms”) govern your participation in the Zuper Glass Beta Program (the “Beta Program”), under which Zuper provides access to its Zuper GO software and a Zuper Glass wearable device. By signing these Terms or clicking “I Agree” (or similar) during signup, you agree to be bound by these Terms.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “Customer” or “you” refers to that entity.

1. Beta Program Overview

1.1 What You Receive. Under this Beta Program, Zuper will provide:

• One (1) Zuper Glass wearable device (the “Device”) per participating Customer, to be shipped within approximately [2–4] weeks of signup.
• Access to Zuper GO, a software application specifically developed for use with Zuper Glass (the “Zuper GO Software”).

1.2 Purpose of the Beta. The Beta Program is an early adoption / Beta initiative designed to allow you to evaluate how the Zuper GO Software and the Device work together in your field operations.

1.3 Standalone Use; Additional Terms. This Beta Program is offered as a standalone program and you are not required to be a subscriber to any other Zuper product or platform to participate. Except as may be agreed in a separate written agreement between you and Zuper, these Terms govern your use of the Device and the Zuper GO Software for the Beta Program in full. If Zuper later publishes general online terms or a privacy notice specifically for Zuper GO and asks you to accept them, those additional terms will apply prospectively to your continued use of Zuper GO, but will not override the liability limitations or risk allocations set out in these Terms for the Beta Program.

2. Fees, Beta Term, and Renewal

2.1 Beta Program Fees. Participation in the Beta Program requires payment of fees of USD $299 per month for the Zuper GO Software (the “Monthly Beta Fee”). As a condition of entering the Beta Program, you agree to pay three (3) Monthly Beta Fees upfront, totaling USD $897 (the “Beta Program Fee”), which covers the entire Initial Beta Term described in Section 2.2. The Beta Program Fee is non-refundable except as required by law.

2.2 Initial Beta Term – 3 Months. The Initial Beta Term is three (3) months, starting from the date Zuper first activates your Zuper GO Software subscription. The Beta Program Fee covers your use of the Zuper GO Software and the loan of the Device for this entire Initial Beta Term, and no additional Zuper GO Software subscription fees are payable to Zuper for that period unless otherwise agreed in a separate written order or agreement.

2.3 Subscription After Beta. Any continued use of the Zuper GO Software after the Initial Beta Term will be subject to a separate subscription (monthly or annual) at Zuper’s then-current pricing, under a separate order or agreement. Device ownership transfer (if applicable) will continue to be governed by Section 3.2 of these Terms.

2.4 Taxes. All fees described in these Terms are before sales tax. Where applicable, Zuper will calculate and add any required U.S. sales tax to your invoice, and you agree to pay the invoiced tax amount together with the fees.

3. Device: Beta Loan, Ownership, Use, and Returns

3.1 Device Loan During Initial Beta Term. For the first three (3) months of the Beta Program (the Initial Beta Term), the Device is provided to you on a loaned basis solely for use in connection with the Zuper GO Software. During this period, title to the Device remains with Zuper or its supplier.

3.2 Ownership Transfer Upon Yearly Contract. If, at or before the end of the Initial Beta Term, you renew or convert your Zuper GO Software subscription into a yearly (12-month) contract with Zuper (on terms agreed separately in writing), then upon Zuper’s written confirmation of that yearly contract:

• Ownership of the Device will transfer to you, and
• The Device will thereafter be your property, subject to any applicable warranty terms.

3.3 Return Obligation if No Yearly Contract.
If you do not renew or convert to a yearly Zuper GO Software contract by the end of the Initial Beta Term:

• You must return the Device to Zuper within thirty (30) days after the end of the Initial Beta Term;
• The Device must be shipped at your sole cost and expense, using a reputable, trackable shipping service, to:

Zuper – Zuper Glass Returns
24754 NE 3rd Pl
Sammamish, WA 98074
United States

• The Device must be returned in reasonable condition, allowing for normal wear and tear.

3.4 Failure to Return / Loss / Excessive Damage.
If you fail to return the Device within the 30-day period described in Section 3.3, or if the Device is lost, stolen, or damaged beyond normal wear and tear (including loss or damage during return shipment):

• Zuper may invoice you a replacement fee up to the Device’s then-current list price; and
• You agree to pay such invoice within 30 days of receipt.

3.5 Shipment & Risk of Loss.
Zuper will ship the Device to the shipping address you provide. Risk of loss or damage to the Device passes to you upon delivery by the carrier and remains with you during any return shipment until the Device is received by Zuper. You are responsible for safe storage, use, and care of the Device once delivered and, if applicable, during its return transit.

3.6 Permitted Use During Beta. You may use the Device only:

• By your employees or contractors in the course of their work;
• In accordance with Zuper’s documentation and safety instructions; and
• In connection with the Zuper GO Software and related Zuper services provided under this Beta Program.

3.7 Prohibited Uses. You must not:

• Open, disassemble, modify, or attempt to repair the Device;
• Install non-authorized lenses or third-party firmware;
• Use the Device as personal protective equipment (PPE) or as a primary safety device;
• Use the Device in violation of any law, including privacy, recording, or workplace safety laws.

4. Safety, Work Conditions, and Customer Responsibilities

4.1 Device Is Not Safety Equipment. The Device is not safety equipment, fall protection, PPE, or a substitute for any required safety system. It must not be relied upon to prevent injury, falls, or accidents.

4.2 Use in High-Risk Work Environments. You acknowledge that, during the Beta Program, your personnel may use the Device while:

• Working at heights (e.g., roofs, ladders, scaffolds);
• Handling tools, materials, or equipment;
• Moving through active job sites.

You are solely responsible for:

• Your safety policies and procedures;
• Compliance with OSHA and all other applicable safety regulations;
• Training and supervision of your workers; and
• Ensuring that Device use does not interfere with their safe performance of work.

4.3 No Control Over Job Sites. Zuper does not control, supervise, or manage your worksites, your personnel, or your customers. You remain fully responsible for all workplace safety, employment, and operational matters.

5. Recording, Privacy, and Data in the Beta

5.1 Recording & Consent. The Device may capture audio, video, and images as part of the Beta Program. You are responsible for:

• Determining when recording is appropriate;
• Obtaining all legally required consents from workers, customers, and third parties; and
• Complying with all applicable privacy and recording laws, including any two-party (all-party) consent laws.

5.2 Beta Data and Telemetry. Zuper may collect logs, diagnostic data, and usage information relating to the Device and the Zuper GO Software during the Beta Program. You agree that Zuper may use such data to operate, support, analyze, and improve its products, services, and future offerings, in accordance with any privacy notice or privacy policy Zuper makes available from time to time.

5.3 Feedback. Any feedback, suggestions, ideas, or issue reports you provide regarding the Beta Program, the Device, or the Zuper GO Software (“Feedback”) may be used by Zuper without restriction. You grant Zuper a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use Feedback without obligation or attribution.

6. Beta Nature, Warranty, and Disclaimers

6.1 Beta / Early Access Status. You acknowledge that, under this Beta Program:

• The Device and Zuper GO Software are experimental or early-stage offerings;
• They may contain defects, errors, or interruptions;
• Features, performance, and availability may change during the Beta.

6.2 Limited Hardware Warranty (If Provided). Any limited hardware warranty offered by Zuper for the Device will be set out in a separate written warranty document (the “Device Warranty”). If no separate Device Warranty is provided, the Device is provided without any warranty, to the maximum extent permitted by law.

6.3 Disclaimer of Warranties.
To the fullest extent permitted by law, the Device, the Zuper GO Software provided as part of this Beta Program, and any related services are provided “AS IS” and “AS AVAILABLE”, and Zuper disclaims all warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Zuper does not warrant that the Device or Zuper GO Software will be error-free, uninterrupted, or suitable for any particular job, project, or safety requirement.

7. Limitation of Liability

7.1 Exclusion of Certain Damages.
To the fullest extent permitted by law, Zuper will not be liable for any:

• Indirect, incidental, special, consequential, exemplary, or punitive damages;
• Loss of profits, revenue, business, or goodwill;
• Loss, corruption, or inaccuracy of data;
• Personal injury or property damage arising from your worksites, your personnel’s conduct, or your failure to follow safety procedures,

in each case arising out of or related to the Beta Program, the Device, or the Zuper GO Software, even if Zuper has been advised of the possibility of such damages.

7.2 Overall Liability Cap – $299.
To the fullest extent permitted by law, Zuper’s total aggregate liability arising out of or relating to the Beta Program, these Terms, the Device, and/or the Zuper GO Software, whether in contract, tort (including negligence), strict liability, or otherwise, will not exceed USD $299, which represents one Monthly Beta Fee.

7.3 Basis of the Bargain.
You acknowledge that the fees charged and the nature of this Beta Program reflect the allocation of risk set forth in these Terms and that Zuper would not offer this Beta on the agreed commercial terms without these limitations.

8. Indemnity

You will defend, indemnify, and hold harmless Zuper and its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• (a) your use of the Device or Zuper GO Software in violation of these Terms or applicable law;
• (b) any workplace injury, accident, or property damage occurring at your job sites (except to the limited extent caused directly by a proven defect in the Device); or
• (c) your failure to obtain required consents for recording or data collection.

9. Beta Term, Suspension, and Termination

9.1 Term of Beta Participation. These Terms commence on the date you sign or accept them and continue for as long as you participate in the Beta Program and/or continue using the Device or Zuper GO Software under this Beta Program.

9.2 Termination by Either Party. Either party may terminate these Terms for convenience upon 30 days’ written notice.

9.3 Immediate Suspension/Termination by Zuper. Zuper may suspend or terminate your participation in the Beta Program immediately if:

• You violate these Terms;
• You misuse the Device in a way that creates safety, legal, or reputational risk; or
• Zuper discontinues or materially changes the Beta Program.

9.4 Effect of Termination. Upon termination:

• Your right to use the Device under these Terms will cease, and you will return or pay for it as described in Section 3;
• Your access to the Zuper GO Software under this Beta Program will end, subject to any separate subscription or commercial agreement; and
• Sections that by their nature should survive (including Sections 3.4, 4–8, 9.4, 10, and 11) will survive.

10. Dispute Resolution – Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO RESOLVE CERTAIN DISPUTES WITH ZUPER THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS HOW YOU CAN SEEK RELIEF.

10.1 Agreement to Arbitrate.
Except as provided in Section 10.3 (Small Claims) and Section 10.4 (IP and Injunctive Relief), you and Zuper agree that any claim, dispute, or controversy between you and Zuper arising out of or relating to these Terms, the Beta Program, the Device, or the Zuper GO Software (a “Dispute”) will be resolved by binding arbitration on an individual basis.

10.2 Class Action Waiver.
You and Zuper agree that class actions and class arbitrations are not permitted. You and Zuper may bring a claim only on your or its individual behalf and cannot seek relief that would affect other customers or Beta participants. Arbitrations may not be consolidated without the consent of all parties to all affected proceedings.

10.3 Small Claims Court.
Either party may bring an eligible Dispute in small claims court in the county where you are located or in King County, Washington, instead of arbitration, so long as the matter remains in that small claims court and is not transferred or appealed to a court of general jurisdiction.

10.4 IP and Injunctive Relief.
Disputes relating to Zuper’s intellectual property rights (e.g., copyrights, patents, trademarks, trade secrets) or claims for injunctive or other equitable relief may be brought in court and are not subject to arbitration.

10.5 Arbitration Rules and Administration.
Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) as modified by this Section 10. The AAA Rules are available at www.adr.org. The arbitrator will have the authority to grant whatever individual relief would be available in court under applicable law.

10.6 Location and Procedure.
Hearings, if any, will be conducted by videoconference or teleconference where practicable; if an in-person hearing is required, it will take place in King County, Washington, unless you and Zuper agree otherwise.

10.7 Arbitration Costs.
The allocation of AAA filing, administration, and arbitrator fees will be determined in accordance with the AAA Rules, except that the arbitrator may award fees and costs in accordance with applicable law. Each party will otherwise bear its own attorneys’ fees and costs, unless the arbitrator decides otherwise under applicable law.

10.8 Opt-Out.
You may opt out of this arbitration provision by sending a written notice containing your name, company (if applicable), address, and a clear statement that you wish to opt out of arbitration under these Terms to:

Zuper – Legal Department (Arbitration Opt-Out)
24754 NE 3rd Pl
Sammamish, WA 98074
United States

within 30 days of first accepting these Terms. If you opt out, only Section 11 (Governing Law and Venue) will apply to Disputes.

10.9 Governing Law of Arbitration Provision.
This arbitration provision is governed by the Federal Arbitration Act (FAA) and federal arbitration law.

11. Governing Law and Venue (If Not Arbitrated)

To the extent any Dispute is not subject to arbitration or small claims court as permitted above, you and Zuper agree that such Dispute will be governed by the laws of the State of Washington, without regard to its conflict of law rules, and will be resolved exclusively in the state or federal courts located in King County, Washington. Each party consents to the personal jurisdiction and venue of such courts.

12. Miscellaneous

12.1 Entire Agreement. These Terms, together with any applicable Device Warranty or separate subscription agreement, constitute the entire agreement between you and Zuper regarding the Zuper Glass Beta Program and supersede all prior or contemporaneous agreements relating to the same subject matter.

12.2 Amendments. Any amendments to these Terms must be in writing and signed or otherwise agreed to by both parties (electronic signatures or click-through acceptance are acceptable unless prohibited by law).

12.3 Assignment. You may not assign these Terms without Zuper’s prior written consent. Zuper may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets.

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

12.5 No Third-Party Beneficiaries. There are no third-party beneficiaries to these Terms.