LIMINAL TOUCH TERMS OF SERVICE & END USER LICENSE AGREEMENT

Last Updated: April 22, 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.

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 No Permanent Archival. Client acknowledges that the Service is not intended as a permanent archival repository. Liminal shall retain the Generated Content (including voice clones, video avatars, and synthesis data) in its cloud storage for a limited period of one (1) year following the initial generation date ("Retention Period"), unless an extended service subscription is actively maintained.

4.2 Expiration & Deletion. Upon expiration of the Retention Period, Company reserves the right to permanently delete such Content from its servers without further notice.

4.3 Client Responsibility & Local Archival. It is the Client's sole responsibility to utilize the provided "Local Archival Tool" to download, back up, or archive any Content to a local storage medium prior to the expiration of the Retention Period. Company shall have no liability for any loss of data resulting from Client’s failure to secure a backup before the deletion date.

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

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 SIMULATION & TECHNOLOGICAL LIMITATIONS

9.1 The Nature of the Simulation. While Liminal Touch is deeply committed to respectfully honoring the legacy of the honoree, you acknowledge that the interactive Digital Persona is an artificial intelligence-driven simulation built upon the Source Materials, boundaries, and preferences you provide. While the Device may utilize, and occasionally play back, the actual direct audio or video recordings you have uploaded, the dynamic, AI-generated conversational responses are a technological reflection designed to bring comfort. The generated Persona is not a conscious entity, nor are its newly synthesized outputs direct recordings or flawless historical records.

9.2 Guardrails and Unintended Outputs. We employ robust technological guardrails to ensure the Digital Persona remains respectful, and we give you ultimate control over the simulation's foundation—including personality sliders, vocabulary inputs, and strict boundary settings (e.g., your "Do Not Mention" list). However, because generative AI is inherently dynamic, it may occasionally produce unintended outputs or conversational variations that do not perfectly align with the honoree’s actual history or exact personality nuances. You acknowledge that you control the foundational data, but occasional technological variations may still occur, and you choose to engage with the Device with an understanding of these limitations.

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.

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, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses arising out of your access to or use of the Device, your violation of these Terms, or your violation of any third-party right.