Terms & Conditions

1.1Who this agreement is with. These Terms & Conditions (the “Terms”) are a binding agreement between you and Talos Dataworks, Inc., a Utah corporation (“Talos”, “we” or “us”). They cover the Equipment, the App, the Data Services and this website, and they apply together with our Privacy Policy, which is part of these Terms.

1.2How you accept. You accept these Terms by checking the acceptance box at checkout, by buying the Equipment, or by using the Equipment or App, whichever comes first. If you do not agree, do not buy or use them.

1.3Electronic signature. Your acceptance is your electronic signature, has the same effect as a signed paper document, and is a signed writing for every transfer of rights in these Terms, including under 17 U.S.C. § 204(a). You consent to receiving these Terms, notices and records electronically.

1.4Who “you” is. “You” means the person or company that buys the Equipment (the “Buyer”) and every person who wears, operates or records with it (an “Authorized User”). Each is bound by these Terms. This includes anyone who gets the Equipment from a reseller or previous owner, and anyone who buys it to collect or sell data on their own, whether or not Talos has any other relationship with them. If you accept on behalf of a company, you confirm that you have authority to bind it, and “you” includes that company.

1.5The Buyer answers for Authorized Users. The Buyer must make sure every Authorized User has accepted these Terms before recording, and is responsible, jointly and severally with each Authorized User, for everything that Authorized User does with the Equipment.

1.6Eligibility. You must be at least 18 and able to enter a binding contract. The Equipment, App and Data Services are offered only in the United States. You may not use them if you are barred from doing so by law or under Section 22.

1.7Signed agreements. If you signed a separate agreement with Talos, such as an Electrician Agreement, Property Consent, Crew Release or data license, that agreement continues to control the recordings and subjects it covers.

1.8Changes. We may change these Terms by posting a new version with a new date. Changes apply going forward, including to data captured after the change. If a change is material, we will give reasonable notice by email or through the App. If you keep using the Equipment or App after a change takes effect, you accept it. Changes do not affect a dispute that Talos already has actual notice of, and rights already assigned to Talos under Section 3 stay assigned.

2.1Equipment. “Equipment” means the Talos sensor glove, the wrist box, and any cover glove, camera, mount, battery pack, hard hat, case or other item sold or supplied by Talos, including its firmware.

2.2App. “App” means any Talos mobile, desktop or web software used to record, manage, upload or access data, including updates.

2.3Data Services. “Data Services” means any cleaning, synchronizing, labeling, annotating, quality-checking, storing, packaging or similar service that Talos provides.

2.4Captured Data. “Captured Data” means all data, in any form, that is (a) captured, generated, sensed, recorded, stored or transmitted by or through the Equipment or App, whoever is operating it, including video, stereo and depth imagery, audio, motion, hand-position and force readings, timestamps, calibration, device logs and metadata; or (b) uploaded or submitted to Talos through the App or Data Services, including video recorded on a camera you own; or (c) recorded by any camera or other device in the same session as data from the sensor glove or wrist box, and synchronized, packaged, labeled, sold or otherwise used with it. All of this applies whether or not you use the App or Data Services, whether or not anything is ever sent to Talos, and even if you read the data off the Equipment yourself or with other software. It includes every raw and processed copy and version. It does not include footage from your own camera that is never combined with data from the sensor glove or wrist box, never run through the App and never sent to Talos.

2.5Derived Data. “Derived Data” means anything made from Captured Data by or for Talos, including labels, annotations, hand pose, force estimates, redacted versions, datasets, models and products.

2.6Licensed Data. “Licensed Data” means Captured Data from your Equipment or App account, and any Derived Data that Talos delivers or makes available to you, in each case excluding Improper Data.

2.7Improper Data. “Improper Data” means any data that was recorded, obtained or used in breach of any law, any other person's rights or Section 6, or that Talos otherwise reasonably decides it should not hold or license.

2.8Recorded Person and Recording Location. A “Recorded Person” is anyone other than the wearer who is seen or heard in a recording. A “Recording Location” is any place where a recording is made.

2.9Downstream Recipient. A “Downstream Recipient” is anyone who receives Licensed Data from or through you, however many steps removed.

3.1Sole ownership. Talos is the sole and exclusive owner of all Captured Data and Derived Data from the moment each is created, in every channel and every version, whether or not it has been uploaded to Talos and wherever it is stored. Buying the Equipment transfers title to the physical hardware only. It gives you no ownership of any data.

3.2Applies to everyone who uses the Equipment. This Section applies to everyone who uses the Equipment, including people who buy it to start collecting and selling data on their own, people who buy it from a reseller or previous owner, and people who never use the App or Data Services or send Talos anything. No further agreement is needed, and it makes no difference whether Talos knows about a recording.

3.3Assignment. To the extent the law gives you or any Authorized User any right in Captured Data or Derived Data, including copyright, database rights, trade secret rights and every other intellectual property or proprietary right, you irrevocably assign all of it to Talos now, permanently and worldwide, including rights in data not yet created, and including the right to sue for past, present and future infringement.

3.4Backup license. Where a right cannot legally be assigned, or an assignment is held ineffective, you grant Talos an exclusive (including as to you, except for the license in Section 4), permanent, irrevocable, worldwide, royalty-free, fully paid license, which Talos may transfer and sublicense through any number of tiers, to exercise that right in any way. You also agree never to assert that right against Talos or anyone who receives data from or through Talos.

3.5Moral rights. You waive all moral rights and similar rights in Captured Data and Derived Data, and agree not to assert them, to the fullest extent the law allows.

3.6Ownership does not depend on copyright. Data that no copyright protects, such as sensor readings, timestamps and measurements, is Talos's property and confidential information all the same. You agree that, as between you and Talos, Talos alone controls it, apart from the license in Section 4.

3.7What Talos may do. Talos, and anyone who gets data from or through Talos, however many steps removed, whether or not they exist or are known today, may use, copy, change, combine, analyze, publish, sell, lease, license and sublicense Captured Data and Derived Data, worldwide and permanently, for any lawful purpose, including training, testing and improving artificial-intelligence, machine-learning and robotic systems. Talos may do this without notice to you, without your approval, and with anyone, including companies you are also dealing with.

3.8No payment to you. Talos owes you no payment, royalty, revenue share or accounting for any use or sale of Captured Data or Derived Data, unless Talos agrees otherwise in a separate signed writing. The price of the Equipment is not payment for data, and Talos has no duty to license or sell any data at all.

3.9Your hands, voice and likeness. Each Authorized User consents to Talos and those who receive data from or through Talos capturing, storing, using, disclosing, licensing and transferring that person's hands, movements, voice and likeness as they appear in Captured Data, for the purposes in this Section, and releases them from any privacy, publicity, likeness or copyright claim based on a use these Terms allow. Talos identifies Authorized Users to licensees only by a pseudonymous ID and general facts such as type of work, experience, handedness and glove size, and will not use your name or recognizable face in public advertising without your separate written permission.

3.10Hand, voice and movement data. Captured Data records the shape, position and movement of the hand and fingers, fingertip pressure, head and wrist motion, and voice. Some laws, including those of Illinois, Texas and Washington, treat some of this as biometric information. By accepting these Terms, each Authorized User gives written consent and a written release for this collection, storage, use, licensing and transfer, for the purpose of building, licensing and selling datasets that teach artificial-intelligence, robotic and training systems, for as long as our Privacy Policy allows. Talos does not use Captured Data to identify anyone, as set out in our Privacy Policy.

3.11Permanence. You understand that you will not know or approve who receives data from or through Talos, that resulting systems may learn to reproduce techniques shown in your recordings, and that once data has trained a system it cannot practically be removed.

3.12Further assurances. You will sign any document and do anything else Talos reasonably asks to confirm or protect Talos's rights. If you do not do so within 10 days of a request, you appoint Talos as your attorney-in-fact, with full power of substitution, solely to sign those documents on your behalf. This appointment is coupled with an interest and cannot be revoked.

3.13No conflicting grants. You will not claim to own Captured Data or Derived Data, register any right in it, or grant anyone any right in it except as Section 4 allows. You confirm that you have not given, and will not give, anyone else any right that conflicts with this Section, including any employer or client.

3.14What this does not reach. These Terms do not transfer anything you create that is not Captured Data, and they do not take away any right that a Recorded Person or property owner has under law. Those rights are addressed in Sections 6 and 7.

3.15Improper Data. Talos's ownership and control are directed at lawful data. Talos does not accept, adopt or approve Improper Data, and may give up any right in it at any time by treating it under Section 7. Only Talos may decide that. You cannot rely on your own breach, or on a claim that data is Improper Data, to avoid this Section or to claim any right in any data.

4.1License. As long as you comply with these Terms, Talos grants you a non-exclusive, worldwide, royalty-free license to use, copy, change, analyze and combine the Licensed Data; to train, test and improve artificial-intelligence, machine-learning and robotic systems with it; and to sell, lease and license it, and sublicense it through any number of tiers, for any lawful purpose that Section 5 does not restrict. The license lasts permanently unless it ends under Section 19.

4.2Non-exclusive. Talos and its other licensees may use and sell the same data at the same time. You may not offer anyone exclusive rights, or say that you own the data or that it is unavailable elsewhere. When you license data, you must describe yourself as a licensee of Talos if asked about your rights.

4.3Your own deals. Every sale or license you make is yours alone. You are responsible for your contracts, for any promises you make to buyers, for taxes, and for collecting payment. You have no authority to bind Talos or to make any promise on its behalf. Talos is not your broker, agent or marketplace, and has no duty to find you a buyer.

4.4Money. Unless a separate signed writing says otherwise, each of us keeps what it receives from its own licensing, and neither owes the other any share of it.

4.5Limits on the license. You may not transfer this license except through permitted sublicenses or with Talos's written consent. All rights not expressly granted are kept by Talos. The license gives you no right to Talos's name, marks, source code, methods or other data.

4.6No promise about the data. Licensed Data is provided as is, as described in Sections 13 and 15. Talos does not promise that it is lawful to record, accurate, complete, saleable, free of third-party rights, or suitable for any buyer or purpose.

5.1No identification. You and each Downstream Recipient may not use Licensed Data to identify, authenticate, locate, track, surveil or profile any person; try to re-identify any person, business or location shown in it; link it with other data for any of those purposes; or use it for biometric identification or verification, or extract biometric identifiers or templates. Ordinary hand-pose, kinematic and force modeling that does not identify anyone is allowed.

5.2No names, faces or endorsements. You and each Downstream Recipient may not use any person's name or identifiable face, voice or likeness in advertising or promotion, or state or imply that Talos or any person shown endorses you or any product.

5.3No unlawful or high-risk use. You and each Downstream Recipient may not use Licensed Data in any way that breaks the law, or for weapons, unlawful surveillance, or discrimination.

5.4Pass these terms on. Before giving Licensed Data to anyone, you must bind them in writing to this Section and to Section 8.4, and require them to bind anyone they pass it to. You are responsible for any breach by your Downstream Recipients.

5.5Accidental personal details. If you or a Downstream Recipient find an unblurred third-party face, or a legible name, address, license plate or similar detail, in Licensed Data, you must not exploit it, and you must tell Talos promptly.

6.1Your responsibility. You alone decide when and where the Equipment is used. You are solely responsible for making sure that every recording, and everything you do with Licensed Data, complies with every applicable law, contract and workplace rule, including privacy, wiretapping and recording, biometric, employment, labor, property, trespass, trade secret, confidentiality, intellectual property, health and safety laws, and professional licensing and code requirements.

6.2Permissions you must have first. Before recording, you must have: (a) signed written consent from the owner, occupant or manager of the Recording Location, allowing commercial recording and the licensing and sale of the data, including to train AI and robotic systems; (b) signed written consent from your employer or client, if you are working for one; (c) a signed written release from every person who will be clearly seen or heard; and (d) every other consent the law requires. Talos can give you consent forms on request. A consent that does not cover what these Terms allow does not satisfy this clause.

6.3Audio. Recording a conversation without consent can be a crime. Some states, including California, Florida, Illinois, Pennsylvania and Washington, generally require the consent of everyone in a conversation. You must get every consent the law of each place requires, or keep audio off.

6.4Notice. You must tell people nearby that you are recording, post any notice the law or the Recording Location requires, and stop and pause recording as soon as anyone objects.

6.5Keep your records. You must keep every consent and release for at least seven years after the data it covers stops being held or licensed, and give Talos a copy within 10 days of a request. Talos may treat any recording without consent records as unusable.

6.6Never record. You must never record: (a) anyone under 18; (b) inside a bathroom, bedroom, locker room or changing area; (c) in a healthcare setting, school or childcare setting, or in a government, military or secure facility, unless you have express written authorization that covers it; (d) secretly, or anyone who has objected; (e) alarm or access codes, safes, payment cards, identity documents, medical or financial records, or screens showing private information; (f) trade secrets or confidential information you are not authorized to record; (g) sexual, violent or illegal activity; or (h) anything else a law, contract or property owner prohibits.

6.7Keep people out of frame. Keep other people's faces and conversations, and customer names, street addresses, house numbers, license plates and documents, out of your recordings wherever you reasonably can.

6.8Illinois, Texas and Washington. Those states have specific biometric laws. Do not record anyone other than yourself in those states unless you hold that person's signed written release that expressly covers hand, voice and movement data. If you live or work there, tell Talos before your first recording. Talos may decline to process your data.

6.9Your certification. Each time you record or upload, you certify to Talos that the recording complied with this Section and that you hold every required consent. Talos may rely on this certification without checking it. Talos may require you to confirm it in the App.

6.10Tell us about problems. If you learn that a recording may break this Section, stop using and sharing it and tell Talos within 3 days. Talos will decide what happens to it.

7.1Talos is an equipment supplier. Talos makes and sells equipment. Like a camera maker, Talos does not direct, supervise, control, attend or take part in what you record, where you record it or what you do with it. Instructions, specifications, consent forms, software and Data Services are tools you may choose to use. They are not direction or supervision.

7.2You act on your own. You buy and use the Equipment on your own initiative and for your own purposes. You are not Talos's employee, contractor, agent, partner, franchisee or data collector, and Talos has not asked or hired you to record anything.

7.3Responsibility is yours. TO THE FULLEST EXTENT THE LAW ALLOWS, TALOS IS NOT RESPONSIBLE FOR ANY MISUSE OF THE EQUIPMENT OR APP, OR FOR DATA COLLECTED IMPROPERLY OR ILLEGALLY. THE BUYER AND THE AUTHORIZED USER WHO MADE THE RECORDING ARE SOLELY RESPONSIBLE, JOINTLY AND SEVERALLY, FOR HOW, WHERE AND FROM WHOM DATA WAS COLLECTED, AND FOR EVERY CLAIM, FINE, LOSS OR COST THAT RESULTS.

7.4Talos does not check. Talos does not supervise your recordings, does not attend your jobs, and has no duty to verify any consent or review any recording. Providing the Equipment, the App or Data Services, or storing, processing, reviewing, redacting or licensing data, is not approval of how it was collected and does not move this responsibility to Talos.

7.5Ownership is not a promise of legality. Talos's ownership of Captured Data allocates rights between you and Talos. It is not a statement that any recording was lawful, and it does not relieve you of anything in this Section or in Section 6.

7.6Improper Data is not licensed. Improper Data is not Licensed Data. You have no license to use or sell it, and you may not represent to anyone that Talos has approved it.

7.7What happens to Improper Data. Talos may, in its discretion and without notice, payment or liability, delete, quarantine, redact, refuse or give up any right in Improper Data; require you to delete it; preserve it where a law, legal hold or claim requires; and report it to law enforcement or other authorities. Talos will report and preserve data where the law requires, including anything involving a child.

7.8Your duties. When you learn that data may be Improper Data, you must stop using and selling it at once. Within 5 days of notice from Talos, you must delete every copy, unless the law requires you to keep it, confirm in writing that you have done so, and pass the notice to your Downstream Recipients.

7.9Your responsibility continues. Your responsibility under this Section and Section 18 continues after you stop using the Equipment, after these Terms end, and after you resell or transfer the Equipment, for every recording made before the transferee accepted these Terms.

8.1Review and removal. Talos may, but does not have to, review, redact, blur, mute, quarantine, refuse, withhold or delete any Captured Data or Derived Data, at any time, for any reason, without notice or liability.

8.2Reporting and legal process. Talos may disclose data and your information to law enforcement, regulators, courts, or anyone with a legitimate legal claim, when Talos believes in good faith that the law requires it or that it is needed to protect anyone's rights or safety.

8.3Requests from Recorded People. Talos may act on a request from a Recorded Person or property owner as it sees fit, including by removing data, and may tell them who recorded it if the law requires this or Talos is compelled to.

8.4Takedowns. If Talos notifies you that specified files must be withdrawn or replaced because of a legal claim, regulatory requirement, rights defect or redaction error, you must, within 15 business days, stop distributing those files, delete your copies, replace them with any substitute Talos supplies, and pass the notice to your Downstream Recipients, who must do the same. No one is required to retrain or withdraw a model already trained unless a court or regulator orders it.

8.5Audit. On 10 days' notice, you must give Talos reasonable information showing that you comply with Sections 5 and 6, including a list of who you have licensed data to.

8.6Copies on request. As owner, Talos may at any time require a copy of any Captured Data you hold, which you must deliver within 30 days in the form Talos reasonably asks for, at your cost.

8.7Your sales do not transfer ownership. Selling or licensing data never transfers ownership of it. Your customers receive only a sublicense under Section 4, and you must tell them so.

9.1Orders. An order is an offer to buy. It is not binding on Talos until Talos accepts it by sending an invoice or confirmation. Talos may refuse or cancel any order for any reason, including stock, pricing errors or suspected misuse, and will refund anything you paid for a cancelled order.

9.2Price and payment. Prices are in U.S. dollars and do not include taxes or shipping, which are shown on your invoice. Payment is due as stated on the invoice. Talos may change prices at any time before accepting an order.

9.3Delivery and risk. Delivery dates are estimates. Title to the hardware and the risk of loss pass to you when Talos hands it to the carrier.

9.4All sales are final. ALL SALES ARE FINAL. TO THE FULLEST EXTENT THE LAW ALLOWS, THERE ARE NO REFUNDS, RETURNS, EXCHANGES, REPAIRS, REPLACEMENTS OR CREDITS FOR ANY REASON, INCLUDING IF: (A) THE EQUIPMENT DOES NOT WORK, STOPS WORKING OR WORKS POORLY; (B) IT BREAKS, WEARS OUT OR IS DAMAGED BY ANYONE, INCLUDING YOU; (C) IT DOES NOT WORK WITH YOUR CAMERA, PHONE OR OTHER DEVICES; (D) THE APP OR DATA SERVICES CHANGE OR STOP; (E) DATA IS LOST, CORRUPTED, INACCURATE, UNUSABLE OR DELETED; (F) YOU CANNOT SELL YOUR DATA, OR A BUYER REFUSES IT; (G) YOUR LICENSE ENDS; OR (H) YOU CHANGE YOUR MIND.

9.5Damage on arrival. If an item arrives damaged, tell Talos within 7 days of delivery with photos, and Talos will repair or replace it. This is your only remedy for damage on arrival, and it is the only exception to Section 9.4 unless the law requires another.

9.6Chargebacks. You agree not to reverse or dispute a valid payment for a reason that Section 9.4 excludes. Talos may recover the amount and its costs of collection, and may end your access to the App and Data Services.

9.7Third-party products. Cameras and other third-party products are supplied subject only to their manufacturers' warranties and terms, if any. Talos gives no warranty for them. Product names are trademarks of their owners, and Talos is not affiliated with or endorsed by them.

9.8Reselling the Equipment. You may resell or give away the hardware only if the new owner first accepts these Terms. Until they do, you remain responsible for it and for anything recorded with it. The App and firmware are licensed, not sold, and any data the Equipment captures after a transfer remains subject to Section 3.

10.1What it is. The Equipment is hand-assembled recording equipment with exposed electronics and wiring. It is not a certified or safety-listed product, and it is not protective equipment. It may contain rechargeable lithium batteries, electronics, cables, straps, sensors on the fingers and magnets.

10.2Known hazards. Known hazards include: batteries or electronics overheating, swelling, smoking, catching fire or burning skin; parts breaking, detaching or falling; wires, cables, straps or gloves snagging on tools, equipment or moving parts; conductive parts touching live conductors, which can cause shock, burns, arc flash or death; reduced grip, feel or field of view; skin irritation; and interference from magnets with pacemakers, implanted medical devices, compasses, cards and instruments.

10.3Electrical work. NEVER USE THE EQUIPMENT ON OR NEAR ENERGIZED CIRCUITS OR EQUIPMENT. RECORD ELECTRICAL WORK ONLY ON CIRCUITS THAT ARE SWITCHED OFF AND VERIFIED DEAD. THE SENSOR GLOVE AND COVER GLOVE ARE NOT RATED ELECTRICAL PROTECTION AND MUST NEVER BE USED IN PLACE OF RATED GLOVES OR OTHER REQUIRED PROTECTIVE EQUIPMENT.

10.4Your duties. You must read all safety instructions; inspect the Equipment before every use; decide before each task whether it is safe to wear; keep it away from water, heat, chemicals and moving machinery; charge and store it only as instructed; take it off at once if anything seems wrong or it gets in the way of safe work; and follow every workplace rule and safety law.

10.5Your work. Talos does not supervise, inspect or approve your work and is not responsible for whether it meets code. You are responsible for your work, your workers' compensation and your insurance.

10.6Breakage is your risk. The Equipment has exposed wires, solder joints and chips, and it can break in ordinary use. Any breakage, however it happens, is at your risk. Talos has no duty to repair it, supply parts or replace it, and you are responsible for any injury or damage caused by Equipment you have broken, worn out or kept using after it was damaged.

10.7Modifications. Do not open, modify or repair the Equipment or alter its firmware. You bear all risk of doing so.

11.1App license. Talos grants you a limited, revocable, non-exclusive, non-transferable license to use the App and firmware only with the Equipment and only under these Terms. Accepting these Terms is a condition of that license, including for anyone who gets the Equipment second-hand. You must keep your account details secure and are responsible for everything done through your account.

11.2Data Services. Talos decides how Data Services are performed, may use automated tools and subcontractors, and may change or stop any part of them at any time. Talos may charge for Data Services if it tells you the fee first.

11.3No storage promise. Talos aims to store data, but it does not promise any storage period, backup, availability, turnaround time or result. Talos may delete data under its retention practices or Section 8, and it is not liable for loss of data, to the fullest extent the law allows.

11.4No support or updates. Talos has no duty to provide support, repairs, parts or updates, or to keep the App, firmware or Data Services available or compatible with any device. The Equipment may stop working, in whole or in part, if any of them changes or is discontinued.

11.5Mobile platforms. The App may be distributed through Apple, Google or other stores. Their terms also apply to your use of those stores. They are not responsible for the App, and they are not parties to these Terms, except where their rules require otherwise.

12.1Estimates only. ANY FIGURE TALOS GIVES FOR WHAT DATA MAY BE WORTH OR WHAT YOU MAY EARN, INCLUDING $120–$150 PER RECORDED HOUR, IS AN ESTIMATE AND A STATEMENT OF OPINION. IT IS NOT A PROMISE, A GUARANTEE OR A TYPICAL RESULT. YOU MAY EARN NOTHING, AND YOU MAY NOT RECOVER THE PRICE OF THE EQUIPMENT.

12.2What affects results. What data sells for, and whether it sells at all, depends on the task, its quality, the camera used, its accuracy, your consents, market demand, competition, the buyer and other factors outside Talos's control. The estimate is based on glove and egocentric stereo data. Recordings from other cameras, or of other kinds of work, may be worth less or nothing. Talos itself may sell the same or similar data to the same buyers.

12.3If you make no money. IF YOU ARE UNABLE TO MAKE ANY MONEY FROM THE EQUIPMENT OR ANY DATA, FOR ANY REASON, TALOS OWES YOU NOTHING. YOU ARE NOT ENTITLED TO ANY REFUND, CREDIT, PAYMENT OR DAMAGES, TO THE FULLEST EXTENT THE LAW ALLOWS.

12.4No reliance. You confirm that you are not relying on any statement by Talos, on the website, in advertising or in conversation, about earnings, demand, prices or the resale value of data in deciding to buy. You made your own decision, and you have had the chance to get your own advice.

12.5The risk of not selling is yours. You bear the entire risk that your data cannot be sold, whatever the reason, including that no buyer wants it, a buyer rejects it, the price is low, your consents are inadequate, it is inaccurate or unusable, it was deleted, or Talos or others sold the same or similar data. None of these entitles you to a refund, credit or payment.

12.6Not a job or a business opportunity. Buying the Equipment does not give you a job, a territory, a buyer, a customer list, a repurchase promise or any assistance in making sales. You are not Talos's employee, contractor, agent, partner or franchisee. You are responsible for your own taxes.

13.1Approximate by nature. Rely on when contact happens, which pad is loaded and how force rises and falls. Absolute force and joint-angle values are approximate. A single force reading may be off by a third to a half, joint angles may be offset by about 10 degrees, and pose has not been compared with motion capture. Specifications may change without notice.

13.2Not for safety decisions. Do not use Licensed Data as the only basis for any safety-critical decision. You are responsible for validating it for your purpose, and for telling your buyers about its limits.

14.1Talos's property. Talos and its licensors keep all rights in the App, firmware, designs, methods, documentation, marks and this website. Any suggestion you give us may be used freely, without payment.

14.2What you may not do. You may not: reverse engineer the App or firmware, except as the law expressly allows; copy or build a competing product from them; remove notices; interfere with or probe Talos's systems; misuse Talos's name or marks; submit malicious code or false information; or use the Equipment, App or Data Services unlawfully or to harm anyone.

15.1As is. TO THE FULLEST EXTENT THE LAW ALLOWS, THE EQUIPMENT, APP, DATA SERVICES, CAPTURED DATA, DERIVED DATA, LICENSED DATA AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS. TALOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SAFETY, QUIET ENJOYMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

15.2No other promises. TALOS DOES NOT WARRANT THAT THE EQUIPMENT OR APP WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT ANY DATA CAN LAWFULLY BE RECORDED OR SOLD. NOTHING SAID ON THE WEBSITE OR BY TALOS STAFF CREATES A WARRANTY.

15.3It may not work. THE EQUIPMENT AND APP MAY NOT WORK, MAY STOP WORKING, MAY FAIL WITHOUT WARNING, AND MAY RECORD INCOMPLETE, INACCURATE OR CORRUPT DATA. YOU ACCEPT THAT RISK, AND TALOS HAS NO LIABILITY FOR IT, TO THE FULLEST EXTENT THE LAW ALLOWS.

15.4State law. Some states do not allow implied warranties to be disclaimed. Where that is so, implied warranties are limited to 30 days from delivery, or the shortest period the law allows, and you may have other rights.

16.1Excluded damages. TO THE FULLEST EXTENT THE LAW ALLOWS, TALOS AND ITS OWNERS, OFFICERS, STAFF, SUPPLIERS AND LICENSEES ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, SALES, EARNINGS, GOODWILL, TIME OR DATA, OR THE COST OF REPLACEMENT EQUIPMENT OR RE-RECORDING, HOWEVER CAUSED AND ON ANY THEORY, EVEN IF ADVISED OF THEIR POSSIBILITY.

16.2Cap. TO THE FULLEST EXTENT THE LAW ALLOWS, TALOS'S TOTAL LIABILITY FOR ALL CLAIMS CONNECTED WITH THE EQUIPMENT, APP, DATA SERVICES, ANY DATA OR THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID TALOS FOR THE EQUIPMENT IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR $100.

16.3Basis of the deal. These limits are a basic part of the bargain, apply even if a remedy fails of its essential purpose, and are reflected in the price. They do not limit liability that the law does not allow to be limited.

17.1Assumption of risk. YOU KNOWINGLY AND VOLUNTARILY ACCEPT ALL RISKS OF USING THE EQUIPMENT, INCLUDING THOSE IN SECTION 10, AND ALL RISKS OF THE WORK YOU DO WHILE WEARING IT, INCLUDING INJURY, DEATH, FIRE AND PROPERTY DAMAGE.

17.2Release. To the fullest extent the law allows, you release Talos and its owners, officers, staff, suppliers and licensees from all claims for injury, death, burns, fire, loss or damage connected with the Equipment or your work, including its batteries, heat, breakage or malfunction, whether based on ordinary negligence, product liability, strict liability, breach of warranty or failure to warn. This release does not cover gross negligence, intentional misconduct, or anything else the law does not allow to be released.

17.3Product failure and lost earnings. To the fullest extent the law allows, you also release Talos and its owners, officers, staff, suppliers and licensees from all claims that the Equipment, App or Data Services did not work, stopped working or broke, that any data was lost or could not be sold, or that you lost money, time or expected earnings. This release does not cover gross negligence, intentional misconduct, or anything else the law does not allow to be released.

17.4Unknown claims. This release covers claims you do not know about. If California Civil Code § 1542 or a similar law applies, you waive it to the extent the law allows. Section 1542 says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

18.1Indemnity. To the fullest extent the law allows, the Buyer and each Authorized User, jointly and severally, will defend, indemnify and hold harmless Talos, its owners, officers, staff, suppliers and licensees from every claim, investigation, fine, penalty, loss, damage, cost and expense, including reasonable legal fees, arising from or connected with: (a) any recording made with your Equipment or account, including any claim by a Recorded Person, employer, client or property owner, and any claim under a privacy, wiretapping, biometric, employment, property or intellectual property law; (b) a missing, defective or false consent or certification; (c) your breach of these Terms or of any law; (d) your sale or licensing of data, including anything you promised a buyer, and the acts of your Downstream Recipients; (e) your work, your use of the Equipment or any injury or damage to anyone connected with it; or (f) your misuse, modification or transfer of the Equipment.

18.2Applies to data Talos holds or sold. This indemnity applies even when the claim is against Talos or its licensees for holding, processing, licensing or selling data that you recorded, and whether or not Talos reviewed that data, except to the extent a final judgment finds the loss was caused by Talos's own gross negligence or intentional misconduct.

18.3How claims are handled. Talos may control the defense of any claim, at your expense, and you must cooperate. You may not settle any claim that affects Talos without its written consent. This Section survives after these Terms end.

19.1By Talos. Talos may suspend or end your access to the App or Data Services, or your license under Section 4 in whole or in part, at any time if it believes you have broken these Terms or the law, or if a legal or safety concern requires it, and otherwise on 30 days' notice. Talos is not liable for doing so.

19.2By you. You may stop using the App and Equipment at any time. Stopping does not change Talos's ownership of anything already captured or affect any licensing already done.

19.3What happens next. If your license ends because of your breach, you must stop using and licensing Licensed Data and delete your copies, unless Talos agrees otherwise. Sublicenses you granted before then in good faith continue, subject to Sections 5 and 8.4.

19.4What survives. Sections 2, 3, 5, 6, 7, 8, 12 and 13 through 23, and every other term that by its nature should continue, survive the end of these Terms.

20.1Try to resolve it first. Before starting a claim, the person making it must email a description of the claim and the relief sought to wyatt@talosdataworks.com or, for a claim against you, to your last known email. Both sides will try in good faith to resolve it for 60 days, and limitation periods pause during that time.

20.2Agreement to arbitrate. EXCEPT AS THIS SECTION SAYS, ANY DISPUTE BETWEEN YOU AND TALOS CONNECTED WITH THE EQUIPMENT, APP, DATA SERVICES, ANY DATA, THE WEBSITE OR THESE TERMS, INCLUDING WHETHER A DISPUTE MUST BE ARBITRATED, WILL BE RESOLVED ONLY BY FINAL AND BINDING INDIVIDUAL ARBITRATION.

20.3Class action and jury waiver. YOU AND TALOS EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO BRING OR TAKE PART IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL CLAIMANT AND MAY NOT COMBINE CLAIMS OF MORE THAN ONE PERSON.

20.4Rules. The American Arbitration Association will administer the arbitration under its Consumer Arbitration Rules if you bought or use the Equipment for personal purposes, and its Commercial Arbitration Rules otherwise. The Federal Arbitration Act governs this Section. Hearings will be in Salt Lake County, Utah, by video, or where the applicable rules require. Fees are paid as those rules provide.

20.5Exceptions. Either side may bring an individual claim in small claims court if it qualifies. Talos may go to court for an injunction or other relief to protect its ownership of data or its intellectual property, or to stop a breach of Section 3, 4, 5 or 14.

20.630-day opt-out. You may opt out of this Section within 30 days after you first accept these Terms, by emailing wyatt@talosdataworks.com with your name, your order details and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.

20.7Many similar claims. If 25 or more similar claims are filed by or with the same counsel or coordinated group, they will be handled in staged batches of no more than 25, as the applicable rules allow, and limitation periods pause while they wait.

20.8Time limit. To the fullest extent the law allows, any claim must be started within one year after it arose, or it is permanently barred.

20.9If part of this fails. If the class action waiver is found unenforceable for a claim, that claim alone goes to court, and the rest stays in arbitration. Anything that a court, not an arbitrator, must decide goes to the state or federal courts in Salt Lake County, Utah, and you consent to their jurisdiction.

21.1Utah law. Utah law governs these Terms, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 20. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Consumer protection laws of the state where you live may still apply to you if the law requires it.

22.1Compliance. You may not export or transfer the Equipment, App or any data in breach of U.S. export control or sanctions laws, or to anyone those laws bar. You confirm that you are not such a person. You are responsible for complying with these laws, and with any data-transfer law, when you license data outside the United States.

23.1Entire agreement. These Terms and the Privacy Policy are the entire agreement between us on their subject and replace anything said or written before, including website copy, sales statements and estimates, subject to Section 1.7.

23.2Assignment. Talos may assign or transfer these Terms and any rights or data to anyone, including in a sale, merger or financing. You may not assign these Terms without Talos's written consent.

23.3If part is unenforceable. If any part of these Terms is unenforceable, it will be enforced to the maximum extent allowed and changed only as much as needed to make it enforceable, and the rest stays in effect.

23.4No waiver. If Talos does not enforce a term, it has not waived that term.

23.5Events outside our control. Talos is not liable for delay or failure caused by events beyond its reasonable control.

23.6Who can enforce these Terms. Talos's owners, officers, staff, suppliers and licensees may rely on Sections 3, 15, 16, 17 and 18. No one else has rights under these Terms.

23.7Your legal rights. Nothing in these Terms limits a right or remedy that the law does not allow to be waived or limited. Where the law limits a term, that term applies only as far as the law allows.

23.8Notices. Talos may give you notice by email, through the App or on this website. You must send legal notices to wyatt@talosdataworks.com.

24.1Questions. Questions about these Terms go to Wyatt Searle, Chief Executive Officer, Talos Dataworks, Inc., wyatt@talosdataworks.com.