LIMINAL TOUCH TERMS OF SERVICE & END USER LICENSE AGREEMENT

Last Updated: July 17, 2026

THIS AGREEMENT (“Agreement”) is entered into by and between Liminal Touch, LLC., a Michigan corporation (“Company,” “Liminal,” “we,” or “us”), and the individual or entity (“Client,” “User,” or “You”) accessing the Liminal hardware device, websites, and associated services.

BY PURCHASING, ACTIVATING, CONNECTING, OR UTILIZING THE DEVICE, OR BY ACCESSING OUR WEBSITES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.

1. INTRODUCTION & SCOPE OF SERVICES

1.1 Scope of Services. Liminal provides a hardware-software hybrid service designed to create and display a digital memorialization persona (the "Digital Persona"). This Agreement governs your use of the physical Liminal hardware (the “Device”), the proprietary software embedded therein, the Liminal marketing website, the client setup portal (the “Setup Portal”), and all associated cloud-based AI processing (collectively, the "Services").

1.2 Eligibility. By using the Services, you represent and warrant that you are at least 18 years of age, possess the legal authority to enter into this Agreement, and hold all necessary rights, consents, and permissions to upload, process, and utilize the images, videos, voice recordings, and biographical data of the subject (collectively, the "Source Materials"). You expressly warrant that your use of the Source Materials does not violate any third-party copyright, privacy rights, or the Right of Publicity of the deceased.

1.3 Voice and Likeness Authorization. You represent and warrant that you have the right and authorization to create a synthesized voice from the Source Materials. Where the Source Materials include the voice, image, or likeness of any living person, you represent that you have obtained that person’s written consent to upload and use their voice, image, and likeness through the Services. You agree to provide Liminal with copies of any such consents, releases, or authorizations upon request. If you do not have the necessary rights and consents, you must not upload the Source Materials.

2. PURCHASES, BILLING, & THIRD-PARTY RESELLERS

2.1 Hybrid Sales Model. Liminal Devices may be purchased directly through the Liminal website or indirectly through an authorized third-party reseller (e.g., a funeral home or deathcare provider).

  • Direct Purchases (Liminal Website): If you purchase directly from us, Liminal is the Merchant of Record. We utilize a third-party payment processor (Stripe) to securely process transactions. By providing payment information, you authorize us (via Stripe) to charge your designated payment method for the Device, applicable taxes, shipping, and any selected subscription services.
  • Third-Party Purchases (Funeral Homes): If you purchase the Device through an authorized third-party reseller, that entity is the Merchant of Record. The financial terms of your purchase—including the purchase price, payment methods, and sales tax—are governed exclusively by your agreement with that third party. However, your use of the Device, the AI, and the Setup Portal remains entirely subject to this Liminal Agreement.

2.2 Returns and Refunds. For Direct Purchases, returns and refunds are governed by Liminal’s standard Return Policy

  • For Third-Party Purchases, all requests for returns, exchanges, or financial refunds must be directed to the third-party reseller and are subject to their specific return policies. Liminal cannot issue refunds for purchases made through a third party.

3. ACCOUNT REGISTRATION & SECURITY

3.1 The Setup Portal. Accessing the Setup Portal requires the creation of a user account. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Liminal is not liable for any loss, damage, or emotional distress arising from unauthorized access to your account due to your failure to secure your credentials.

3.2 Accuracy of Setup Data. The emotional fidelity of the Digital Persona relies entirely on the data provided through the Setup Portal. You warrant that all information submitted—including biographical details, relationship tags, and "Do Not Mention" directives—is accurate, authorized, and does not violate the privacy of any third party.

4. DATA RETENTION & SUNSET POLICY (THE "1-YEAR LIMIT")

4.1 One-Year Cloud Retention. Liminal stores your Generated Content and Source Materials in the cloud for one (1) year following the initial generation date (the “Retention Period”). The core Liminal service does not require a recurring subscription.

4.2 Keeping Your Content. Before the Retention Period ends, you may use the free Local Archival Tool to download and keep your Generated Content. Liminal may also offer optional, storage-only choices, such as an extended cloud-storage subscription or an integration with a third-party storage provider (for example, Dropbox), to retain content beyond one year. These options are for storage only and are not required to use the Device.

4.3 Deletion. After the Retention Period, unless you have downloaded your content or elected an optional storage choice, Liminal may permanently delete the Generated Content and Source Materials from its cloud servers. The audio already loaded on the Device continues to play locally after cloud deletion.

5. HARDWARE OWNERSHIP & "BEARER" ACCESS

5.1 Possession Constitutes Authority. To facilitate the ease of passing digital legacies to loved ones without complex probate procedures, access to the Service and the stored Content is bound to the unique hardware credentials of the physical Device, not a named individual user account. The Party in physical possession of the authorized Device shall be deemed the authorized administrator of the Content.

5.2 Transfer of Title. Title to the Device and the accompanying license to access the Content passes upon transfer of physical possession. By physically gifting or transferring the Device to a third party, you are transferring all rights to access and view the Content stored thereon. Liminal shall not be obligated to adjudicate disputes regarding ownership of the Device (e.g., in cases of theft, divorce, or inheritance).

6. HARDWARE INTEGRITY & POWER WAIVER

6.1 Continuous Power Requirement. The Device requires a continuous connection to a power source and the internet to maintain system integrity and data synchronization.

6.2 Power Cycling Waiver. Client acknowledges that the Device is not designed for frequent power cycling. COMPANY SPECIFICALLY DISCLAIMS ALL LIABILITY for data corruption, software "bricking," or failure of the digital avatar to load resulting from the Device being unplugged or internet connectivity interruptions.

7. PRIVATE "DIGITAL LOCKET" LICENSE

7.1 Private Use Only. Company grants Client a limited, non-exclusive, non-transferable license to display the Content solely for private, non-commercial, and personal memorialization purposes within a private setting (the "Private Use License").

7.2 Prohibitions. This License strictly prohibits any public performance, broadcast, or exhibition of the Content (including posting on social media, YouTube, or public video platforms) without Company’s express written consent, as well as the use of the Content for any commercial purpose.

8. COMPANY INTELLECTUAL PROPERTY

8.1 Your License to Liminal. You retain ownership of your Source Materials. By uploading Source Materials, you grant Liminal a limited, non-exclusive, royalty-free, worldwide license to host, store, process, reproduce, and adapt the Source Materials solely to provide the Services to you, including creating the synthesized voice and operating your Device. This license ends when your Source Materials are deleted under Section 4, except for limited backups described in our Privacy Policy. Liminal does not use your Source Materials to train artificial intelligence models.

8.2 Excluding your Source Materials, all content on the Liminal websites and Setup Portal—including but not limited to text, graphics, logos, user interfaces, proprietary software code, and the overarching "look and feel"—is the exclusive property of Liminal Touch LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, or distribute any part of the Services without express written permission.

9. THE SYNTHESIZED VOICE & TECHNOLOGICAL LIMITATIONS

9.1 Your Words, in a Synthesized Voice. The Device plays back (a) the actual audio and video recordings you upload, and (b) the phrases and messages that you write and approve, spoken in a synthesized reproduction of the honoree’s voice created from the Source Materials you provide. The Service does not generate new words, opinions, or conversational responses on its own. It speaks only the content you supply.

9.2 Nature of the Synthesized Voice. The synthesized voice is an artificial reproduction produced using third-party voice technology. It is not itself a recording of the honoree and is not a conscious entity. Because voice synthesis is imperfect, the reproduced voice may vary in pronunciation, tone, or emphasis and may not perfectly match the honoree’s actual voice. You acknowledge these limitations and choose to use the Service with an understanding of them.

9.3 Your Control. You control the Source Materials and the exact words the Device speaks, and you are responsible for the content of the phrases you create.

10. ACCEPTABLE USE & KILL SWITCH

10.1 Prohibited Conduct. You agree not to:

  1. Upload content that promotes hate speech, violence, or illegal material.
  2. Upload content that infringes on the intellectual property rights of any third party.
  3. Attempt to interfere with, disrupt, reverse-engineer, or scrape data from the Liminal marketing website, the Setup Portal, or our servers.
  4. Use automated systems (bots, spiders) to access the Services.
  5. Upload, or create a synthesized voice from, the voice or likeness of any person without the rights and consents required under Section 1.
  6. Use the Services to impersonate any person or entity, or to deceive, defraud, or mislead anyone, including making a living person appear to say something they did not say.
  7. Use the Services in any manner that violates the ElevenLabs Prohibited Use Policy, which is incorporated by reference, or any law governing voice, likeness, publicity, biometric data, or synthetic media.

10.2 Right to Terminate. Liminal reserves the unfettered right to suspend access to cloud services, remotely disable the Device’s AI processing capabilities, or terminate this Agreement immediately if you violate this Acceptable Use Policy or if continued service poses a security, legal, or reputational risk to Liminal.

11. PRIVACY POLICY

Your privacy is of the utmost importance to us. Information regarding how we collect, store, process, and protect your personal information, Source Materials, and biographical data is governed by our Privacy Policy. By agreeing to this Agreement, you also acknowledge and consent to the data practices outlined in the Privacy Policy.

12. LIMITATION OF LIABILITY

12.1 EMOTIONAL DISTRESS WAIVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIMINAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE DIGITAL PERSONA OR THE LOSS OF DATA.

12.2 TOTAL LIABILITY CAP. IN NO EVENT SHALL LIMINAL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE DEVICE AND SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. MISCELLANEOUS

13.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.

13.2 Dispute Resolution & Binding Arbitration. ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE DETERMINED BY BINDING ARBITRATION. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY.

13.3 Class Action Waiver. YOU AND LIMINAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13.4 Indemnification. You agree to indemnify, defend, and hold harmless Liminal and its officers, directors, members, employees, agents, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your Source Materials; (b) the creation or use of the synthesized voice or likeness; (c) your access to or use of the Device or Services; (d) your violation of this Agreement, including the Acceptable Use Policy; (e) your violation of any applicable law; or (f) your infringement or violation of any third party’s intellectual property, publicity, privacy, biometric, or other rights. Liminal may, at its own election, assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate. This Section survives termination of this Agreement.