Online Subscription Agreement

For customers purchasing through sightful.com

Please read this Agreement carefully before completing your purchase.

By clicking “I Agree” or “Complete Purchase” on the Sightful checkout page, you (“Customer”) are entering into a legally binding contract with Sightful, Inc. (“Sightful”). This Agreement governs your access to Sightful’s augmented reality software platform and any associated hardware purchased through our website.

Key Terms at a Glance

Product

Sightful augmented reality software (SaaS) + optional hardware

Subscription

Annual, per seat pricing as shown at checkout

Payment

Due at checkout; billed upfront annually

Auto-Renewal

Renews automatically each year; cancel anytime with 30 days’ notice

Refunds

Hardware refunds within 30 days of delivery; software non-refundable

Governing Law

State of Delaware

Support

Standard email support; response within 2 business days

1. Definitions

"Agreement" means this Online Subscription Agreement, including any Order Confirmation and Sightful’s Privacy Policy, all incorporated herein by reference.

"Customer / You" means the individual or business entity that has accepted this Agreement through the checkout flow on sightful.com.

"End User" means an individual authorized by Customer to access and use the Platform under Customer’s subscription.

"Hardware" means the Sightful augmented reality glasses and any prescription inserts purchased through the website.

"Order Confirmation" means the email receipt generated at checkout confirming your subscription plan, seat count, fees, and billing cycle.

"Personal Data" means information that identifies or could reasonably identify an End User.

"Platform" means Sightful’s cloud-based augmented reality desktop software and associated services, as updated from time to time.

"Subscription Term" means the period specified in your Order Confirmation, commencing on the date of purchase.

2. Acceptance & Eligibility

Acceptance. By clicking “I Agree,” “Complete Purchase,” or any equivalent button during checkout, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not proceed with the purchase.

Authority. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not have such authority, you may not accept this Agreement.

Eligibility. You must be at least 18 years old and able to form a legally binding contract. The Platform is intended for business use only and is not directed at consumers for personal or household purposes.

3. Subscription & License

License Grant. Subject to your timely payment of fees and compliance with this Agreement, Sightful grants you a non-exclusive, non-transferable, limited right to access and use the Platform solely for your internal business operations during the Subscription Term.

Seat Count. Your subscription covers the number of End User seats specified in your Order Confirmation. Additional seats may be purchased at any time through your account portal.

Restrictions. You may not: (a) sublicense, resell, or share access with unauthorized third parties; (b) reverse engineer, decompile, or copy the Platform; (c) use the Platform to build a competing product; or (d) remove or obscure any proprietary notices.

End User Responsibility. You are responsible for all activity that occurs under your account and must ensure End Users comply with this Agreement. End Users must accept Sightful’s Terms of Use at first login.

4. Hardware (If Purchased)

Shipping. Hardware is shipped to the address you provide at checkout. Title passes on full payment. Risk of loss passes to you upon delivery to the carrier (FOB Origin).

One-Year Warranty. Sightful warrants Hardware against defects in materials and workmanship for one (1) year from delivery. This warranty does not cover damage from misuse, accidents, or unauthorized modifications. Your exclusive remedy is repair, replacement, or refund at Sightful’s option.

Returns. Hardware may be returned within thirty (30) days of delivery for a full refund, provided it is in original condition and packaging. Contact support@sightful.com to initiate a return.

Prescription Lenses. If you order prescription inserts, you are solely responsible for providing an accurate, current prescription. Prescription lenses are manufactured by third-party partners and are non-returnable once manufactured.

5. Fees & Payment

Pricing. Fees are as displayed at checkout and confirmed in your Order Confirmation. All fees are stated in US dollars and are exclusive of applicable taxes.

Billing. Subscriptions are billed annually, upfront at checkout. Sightful charges the payment method you provide at checkout.

Taxes. You are responsible for all applicable sales, use, VAT, GST, and similar taxes. Sightful will collect and remit taxes where required by law.

Late Payment. If a payment fails and is not resolved within ten (10) days of notice, Sightful may suspend access to the Platform until payment is received.

6. Term, Renewal & Cancellation

Term. This Agreement starts on your purchase date and continues for the Subscription Term specified in your Order Confirmation.

Auto-Renewal. Your subscription automatically renews for successive one-year periods unless you cancel. Sightful will send a reminder email at least fourteen (14) days before each renewal date.

Cancellation. You may cancel at any time through your account portal or by emailing support@sightful.com. Cancellations must be submitted at least thirty (30) days before the next renewal date to take effect for that period. No refunds are issued for the remaining portion of a paid Subscription Term, except as required by law.

Termination for Cause. Sightful may terminate this Agreement immediately if you materially breach this Agreement and fail to cure such breach within ten (10) days of written notice, or if you become insolvent or cease business operations.

Effect of Termination. Upon termination, your license to use the Platform ends. You must cease all use and may download any data you have stored in the Platform within thirty (30) days following termination, after which Sightful may delete it.

7. Data & Privacy

Privacy Policy. Sightful’s collection and use of Personal Data is governed by the Sightful Privacy Policy, available at sightful.com/legal/privacy-policy, which is incorporated into this Agreement by reference.

Your Data. You retain ownership of all data you upload to or generate through the Platform (“Customer Data”). You grant Sightful a limited license to use Customer Data solely to provide the Platform services to you.

Processing. Sightful processes Personal Data only to provide the Platform. Sightful will not sell Personal Data or use it for purposes beyond performing this Agreement, consistent with the Privacy Policy.

Security. Sightful maintains reasonable technical and organizational measures to protect Personal Data. In the event of a confirmed breach affecting your Personal Data, Sightful will notify you within seventy-two (72) hours of becoming aware.

CCPA Notice. Where applicable, Sightful acts as a “Service Provider” under the California Consumer Privacy Act (as amended by the CPRA) and is prohibited from selling or sharing your Personal Data.

8. Intellectual Property

Sightful owns all right, title, and interest in and to the Platform and all underlying software, technology, and documentation. Nothing in this Agreement transfers ownership of any Sightful intellectual property to you. You grant Sightful permission to use your company name and logo to identify you as a Sightful customer in marketing materials; contact us at legal@sightful.com if you wish to opt out.

9. Confidentiality

Each party agrees to keep the other’s Confidential Information (non-public business, technical, or pricing information) strictly confidential and to use it only for the purposes of this Agreement. This obligation does not apply to information that is publicly known, independently developed, or lawfully received from a third party. This section survives termination.

10. Warranties & Disclaimers

Platform Availability. Sightful will use commercially reasonable efforts to keep the Platform available. Planned maintenance will be communicated in advance where practicable.

Disclaimer. EXCEPT FOR THE LIMITED HARDWARE WARRANTY IN SECTION 4 AND THE AVAILABILITY COMMITMENT ABOVE, THE PLATFORM, SOFTWARE, AND ALL RELATED SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SIGHTFUL DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SIGHTFUL’S TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THIS AGREEMENT IS LIMITED TO THE FEES YOU PAID TO SIGHTFUL IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

12. Indemnification

By Customer. You agree to defend and indemnify Sightful against any third-party claims arising from your violation of this Agreement, misuse of the Platform, or infringement of third-party rights.

By Sightful. Sightful will defend you against any third-party claim that the Platform infringes a US copyright or patent, provided you promptly notify Sightful and cooperate in the defense.

13. General

13.1 Governing Law. This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Disputes will be resolved in the courts of Wilmington, Delaware.

13.2 Entire Agreement. This Agreement (including the Privacy Policy and Order Confirmation) is the entire agreement between you and Sightful and supersedes all prior understandings. In the event of a conflict, the Order Confirmation controls as to pricing and plan details; this Agreement controls as to all other terms.

13.3 Changes to Agreement. Sightful may update this Agreement from time to time. We will provide at least thirty (30) days’ notice of material changes by email or in-platform notification. Your continued use after the effective date of changes constitutes acceptance. If you do not agree, you may cancel before the effective date.

13.4 Notices. Notices from Sightful will be sent to the email address on your account. Notices to Sightful must be sent to legal@sightful.com.

13.5 Assignment. You may not assign this Agreement without Sightful’s prior written consent. Sightful may assign this Agreement in connection with a merger, acquisition, or sale of assets.

13.6 Severability. If any provision of this Agreement is held unenforceable, the remaining provisions continue in full force.

13.7 Force Majeure. Neither party is liable for failure to perform due to events beyond its reasonable control (e.g., natural disasters, government actions, internet outages).

13.8 Export Compliance. You agree not to export or re-export the Hardware or Platform in violation of US export control laws.

13.9 Survival. Sections 8 (Intellectual Property), 9 (Confidentiality), 10 (Disclaimers), 11 (Limitation of Liability), and 13 (General) survive termination.

Electronic Acceptance

By clicking “I Agree” or completing checkout on sightful.com, you acknowledge that you have read and agree to this Online Subscription Agreement. Electronic acceptance is legally equivalent to a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law.

For questions, contact us at legal@sightful.com | sightful.com/legal

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