1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Welcome to Beame. The standard Beame Telepresence Services and any other paid service plans that Aetho may introduce from time to time hereby collectively called the “Service”, is owned and operated by Aetho (“Aetho”), and is provided to you (“Member”) under the terms and conditions of this Aetho Terms Of Service (“TOS”) which may be updated by Aetho from time to time without notice to Member. This TOS is inclusive of any operating rules, policies, price schedules, or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. You can review the most current version of the TOS at any time at the Beame website at http://timeweBeame.com. The TOS comprises the entire agreement between Member and Aetho and supersedes all prior agreements between the parties regarding the subject matter contained herein. In the case of a business plan (“Business Plan”), a company or individual subscribing to a Business Plan is referred to as a Member and the individual users who access and/or use the Service through Member’s Business Plan are called the “Member’s Users”. Accordingly, the terms, conditions, restrictions and obligations of this TOS applicable to Member (excluding Member’s payment obligations to Aetho) shall be construed to also apply to Member’s Users, and Member shall be liable for any breach hereof by any of Member’s Users. MEMBERS SUBSCRIBING TO A BUSINESS PLAN AGREE THAT (a) RESPONSIBILITY FOR ALL MEMBER’S USERS WHO ACCESS AND/OR USE A BUSINESS PLAN LIES WITH THE MEMBER OF THE RESPECTIVE BUSINESS PLAN (b) MEMBER WILL HAVE THE ABILITY TO ACCESS AND ALTER ALL MEMBER’S USERS ACCOUNT INFORMATION (c) MEMBER WILL HAVE THE ABILITY TO ACCESS ALL MEMBER’S USERS ACTIVITY DETAILS, INCLUDING BUT NOT LIMITED TO VIEWING THE CONTENT UPLOADED AND THEIR CONTACTS AND CALENDAR INFORMATION (d) MEMBER WILL PROVIDE DUE NOTICE TO ITS MEMBER USER’S ABOUT ITS ABILITY TO ACCESS THEIR CONTENT AND ALTER THEIR ACCOUNT INFORMATION AND (e) MEMBER WILL PROVIDE SUFFICIENT WRITTEN NOTICE TO MEMBER’S USERS TO USE THE SERVICE IN COMPLIANCE WITH THIS TOS. BY COMPLETING THE SIGNUP PROCESS AND CLICKING THE “I AGREE” BUTTON OR BY USING THE BEAME SERVICE, MEMBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THE TOS.

2. DESCRIPTION OF SERVICE
Aetho is providing Member with the capability to teleport people and content into a real world environment for conducting collaborative meetings and shared experiences. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Aetho assumes no responsibility for the timeliness, deletion, misdelivery, nondelivery, or failure to store any user communications or personalization settings. In order to use the Service, Member must obtain access to the Internet and pay any service fees associated with such access. In addition, Member must provide all equipment necessary, such as an augmented reality (AR) or virtual reality (VR) head mounted display (HMD) or a mobile AR enabled smartphone. Furthermore, Member must provide all equipment necessary to hear their voicemail messages, including a computer and a sound card or other listening device.

3. YOUR REGISTRATION OBLIGATIONS
In consideration of use of the Service, Member agrees to: (a) provide true, accurate, current and complete information about Member as prompted by the Service’s sign up form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Member provides any information that is untrue, inaccurate, not current or incomplete, or Aetho has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aetho has the right to suspend or terminate Member’s account and refuse any and all current or future use of the Service (or any portion thereof).

4. AETHO PRIVACY POLICY
Aetho is a privacy conscious organization and respects the privacy of its Members. To demonstrate Aetho’s commitment to customer privacy, it has developed a Privacy Policy, which may be updated by Aetho from time to time without notice to Member. The Privacy Policy is incorporated into this TOS by this reference and by accepting this TOS or accessing the Beame website or using the Beame Service at any time, Member expressly consents to Aetho’s use of Member’s information as described in the then current Privacy Policy. You can review the most current version of the Privacy Policy at any time at the Beame website.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY
Member is required to provide Aetho a valid email address and a password as part of the sign up process. Member acknowledges and agrees that the confidentiality of Member’s (and Member’s User’s in the case of a Business Plan) email address, password, as well as any codes, license keys to access any Beame services through applications, or any other account information is entirely and solely the responsibility of the Member. Furthermore, Member agrees to be fully responsible for all activities that occur under Member’s password or account. Member agrees to immediately notify Aetho of any unauthorized use of Member’s password or account or any other breach of security. MEMBER AGREES THAT AETHO OR ITS SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, EVEN IF AETHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. BILLING POLICY
Member agrees to be bound by the pricing and billing practices then in effect on the Beame website. All charges are payable in United States currency and are exclusive of any value added tax, sales tax or other taxes, except as required by law. Monthly fees are based on Member’s subscription plan and are payable in advance at the beginning of each monthly billing cycle (e.g., if Member subscribes on December 31, Member will be billed again on January 30 for the following month), with the exception of Members electing to pay recurring fees on a quarterly or annual basis. Ala-carte features added in between a month are pro-rated (e.g., based on the billing cycle above, if Member purchases additional features worth $10 per month on January 15, Member would be charged $5.16 for the current month (($10 divided by the number of days in the current billing cycle) times the number of days left in the current billing cycle which includes the current day upgraded). Non-recurring fees (e.g., usage and other transactional charges) are paid in monthly arrears (e.g., based on the billing cycle above, non-recurring fees incurred between December 31 and January 29 would be billed on January 30).

Member agrees that any disagreement or dispute concerning a bill must be made within thirty (30) days of the billing date. If Member fails to notify Aetho of a disputed charge within such thirty (30) day period, Member shall have irrevocably waived the right to dispute such charges and will be unconditionally responsible to pay such charges. Member must pay all charges on time until the dispute is resolved.

Member’s use of Service authorizes Aetho to bill such charges to Member’s credit card. Member is subject to a $25.00 fee on invalid credit/debit card chargebacks and returned checks. Member agrees to notify Aetho of any change in the status of Member’s credit card, including any cancellation, change of account number, change of billing address, or change of any authorized users. Aetho reserves the right to suspend or terminate Member’s Service, with or without notice, upon rejection of any credit card charges made to Member’s credit card or if Member’s card issuer (or its agent or affiliate) seeks a refund on payments previously made to Aetho when Aetho believes that Member is liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Aetho. Furthermore, should Aetho pursue legal and equitable means to collect any amounts owed by Member, Member agrees to pay all reasonable attorneys’ fees, court costs and collection fees incurred by Aetho in the collection thereof.

Aetho reserves the right to change the pricing or billing practices as necessary. If the pricing or billing practices change(s), Aetho will make reasonable efforts, such as via email or website postings, to notify Member of such change. Member agrees to pay all charges billed to Member’s account, including unauthorized use prior to Member’s notification to Aetho of such unauthorized use and taking steps to prevent such unauthorized use. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Aetho in accordance with this TOS.

Members may elect to cancel Service at anytime. Recurring fees for the first billing period, be it month, quarter or year, are nonrefundable. Following the first billing period, recurring fees would be fully refunded for cancellations made within 5 business days. Otherwise, recurring fees would be pro-rated for the monthly cycle in effect.

7. TERMINATION
Member agrees that Aetho, in its sole discretion, may terminate Member’s password, account (or any part thereof) or use of the Service (or any part thereof) and remove and discard any messages within the Service, for any reason, including but not limited to (a) if Aetho believes that Member has violated or acted inconsistently with the TOS, (b) if Member provides incomplete, inaccurate or untrue information to Aetho, or (c) if Aetho decides to discontinue offering the Service.

Furthermore, for Members on a free plan, Aetho may also terminate Member’s account for failure to meet minimum activity requirements.

Member may terminate the Service with or without cause at any time. Upon termination, Member shall have no right to use the Service and Aetho will have no obligation to forward any stored information or files to Member or any third party. Member agrees that upon termination of Service for any reason whatsoever, Member’s stored information and files may be deleted permanently. Aetho reserves the right to refuse the Service to any Member whose Service was terminated by Aetho or who previously terminated the Service for whatever reason.

8. INDEMNIFICATION
Member agrees to indemnify and hold Aetho, and its subsidiaries, affiliates, officers, directors, shareholders, agents, co-branders or other partners, and employees, harmless from any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, or judgments whatsoever, whether groundless or otherwise, made by any third party due to or arising out of Member’s use of the Service, violation of the TOS, Member’s violation of any rights of another Member, person or entity.

9. NO RESALE OF SERVICE
Member agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. GENERAL USE AND STORAGE LIMITATIONS
Member acknowledges that Aetho may establish general practices and limits concerning use of the Service, including without limitation the maximum number of participants per meeting, the maximum number of days Member’s account transaction information will be retained by the Service, the maximum size of any file on the Service, the maximum storage space that will be allotted on Aetho’s servers on Member’s behalf, and the maximum number of times (and the maximum duration for which) Member may access the Service in a given period of time. Member agrees to take no actions which impose an unreasonable or disproportionately large load on Beame resources (as determined solely by Aetho in light of the load imposed by other Beame Members in general).

11. MEMBER CONDUCT
Member understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), transmitted through the use of the Service, is the sole responsibility of the person from which such Content originated. Therefore, the Member and NOT Aetho is solely responsible for all Content transmitted through the use of the Service. Aetho does not guarantee the accuracy, integrity or quality of any Content transmitted through the Service. Furthermore, under no circumstances will Aetho be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind whatsoever incurred as a result of the use of the Service. Under no circumstances will Aetho be liable for any Content sent to the Member that is offensive, indecent or objectionable in any way. Aetho reserves the right to take any action, with or without any notice, including but not limited to terminating Member’s account, for any transmission of Content by a Member that violates any agreements between Aetho and its suppliers and partners. Member agrees that Aetho may save Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) enforce this TOS (b) comply with the law (c) respond to claims that any Content violates the rights of third-parties and/or (d) protect the rights of Aetho, its members and the general public.

Member agrees to not use the Service to: (a) transmit any Content that is unlawful, threatening, harmful, abusive, harassing, obscene, libelous, hateful or otherwise objectionable in any manner; (b) conduct any illegal activities; (c) impersonate an individual or an entity or an affiliation with an individual or an entity; (d) infringe any third party’s patent, copyright, trademark, trade secret or other proprietary rights; (e) harm minors in any way; (f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, policies or regulations of networks connected to the Service; (g) intercept, manipulate, forge or in any other way alter the identifiers of the transmission in order to manipulate the origin of the Content transmitted through the Service; (h) intercept, manipulate, forge or in any other way alter the Content transmitted through the Service; (i) collect or in any way store or manipulate data of other Members; (j) intentionally or unintentionally violate any applicable local, state, national or international law and regulations; (k) transmit any unsolicited or unauthorized advertising, offers, promotional materials, “junk mail”, “junk messages”, “spam”, “pyramid schemes” or “chain letters”; (l) transmit messages to any individual or an entity of a list where the individual or the entity has not given permission to be included in the list; or (m) transmit any material that contains software viruses or any other computer software code that is designed to interrupt, destroy or in any way limit the functionality of any computer software, hardware, network or telecommunications equipment.

12. DEALINGS WITH ADVERTISERS
Member’s correspondence or dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between corresponding Member and such advertiser. Member agrees that Aetho shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such advertisers on the Service.

13. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY UNDERSTANDS AND AGREE THAT: (a) MEMBER’S USE OF THE SERVICE IS AT THE MEMBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND AETHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) AETHO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET MEMBER’S REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY MEMBER THROUGH THE SERVICE WILL MEET MEMBER’S EXPECTATIONS (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) AETHO ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE CONTENT AND ANY OTHER PERSONALIZATION SETTINGS. (e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM AETHO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

14. LIMITATION OF LIABILITY
MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT AETHO OR ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AETHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. IN ANY EVENT, THE LIABILITY OF AETHO AND ITS SUPPLIERS TO MEMBER FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE MONTHLY FEES, EXCLUDING ANY USAGE CHARGES, ACTUALLY PAID TO AETHO BY MEMBER UNDER THIS TOS DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICE SET BY AETHO HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, MEMBER HEREBY RELEASES AETHO AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 16.

15. GENERAL
This TOS is personal between Member and Aetho and governs Members use of the Service, superseding any prior agreements between Member and Aetho. It is not transferable and any attempt by Member to rent, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder is void. This TOS and the conduct of the parties hereto shall be governed by the laws of California. The failure of Aetho to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.