Terms of Service

These Terms of Service ("Terms") are a legal agreement between you ("Customer," "you," or "your") and Curly Tale Games LLC, doing business as Rinth Labs, an Ohio limited liability company that operates the Atunex platform ("Atunex," "we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Service Description

Atunex provides an ultrasonic indoor positioning platform that enables location-aware content delivery and wayfinding through web browsers. Our Services include:

• Atunex Note hardware devices for indoor ultrasonic positioning
• A content management platform for configuring location-based experiences
• Wayfinding and navigation capabilities
• Analytics and reporting tools
• API access and webhook integrations

2. Account and Access

To access certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3. Hardware Terms

Ownership: Atunex Note devices are sold outright. Upon payment in full, title to the hardware transfers to you. You are responsible for the physical security, proper installation, and lawful use of all hardware.

Limited Warranty: Atunex warrants Note devices against defects in materials and workmanship for twelve (12) months from the date of purchase. If a device fails under normal use conditions during the warranty period, we will replace it at no cost to you. This warranty does not cover damage caused by misuse, physical impact, unauthorized modification, improper installation, or circumstances beyond normal use. Replacement of damaged devices is available for purchase.

Installation: Installation and placement of Note devices must comply with all applicable building codes, safety regulations, and property management requirements. Atunex Note devices comply with applicable FCC regulations for ultrasonic-emitting devices.

Return Policy: Hardware purchases are final. If you received a defective device and the defect is confirmed by Atunex, we will arrange a replacement. We do not accept returns of hardware that is in working condition.

4. Subscription Services

Access to the Atunex CMS, API, and related platform services requires an active subscription. Subscriptions are billed monthly in advance and automatically renew each month unless canceled. To cancel, provide written notice to hello@atunex.com at least 5 business days before your next renewal date. Cancellation takes effect at the end of the current billing period. No refunds are issued for the current billing period upon cancellation.

We reserve the right to modify subscription pricing with at least 30 days' written notice. Your continued use of the Services after the price change takes effect constitutes acceptance of the new pricing.

5. Acceptable Use

You agree not to use the Services to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon the rights of others, including intellectual property rights
• Transmit any harmful, threatening, abusive, or otherwise objectionable content
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Use the ultrasonic technology to covertly track, surveil, or monitor individuals without their knowledge and consent
• Collect, store, or process personal data of end users beyond what is permitted by applicable privacy laws and these Terms
• Suppress, alter, or interfere with any consent disclosures presented by the Atunex platform to end users

6. End-User Consent and Disclosures

The Atunex platform uses ultrasonic signals detected through visitors' web browsers, which may require microphone access. Atunex controls the end-user disclosure and permission flow. When a visitor accesses an Atunex-powered experience, we present a clear disclosure identifying the venue and explaining that microphone access is requested solely to detect ultrasonic positioning signals — no audio is recorded or transmitted.

As a Customer, you agree to: (a) deploy the Atunex platform in a manner consistent with these disclosures; (b) not suppress, bypass, or alter any consent UI presented by Atunex; (c) maintain your own privacy policy that discloses your use of ultrasonic positioning technology; and (d) comply with all applicable laws governing the collection and use of location data from your visitors.

You acknowledge that obtaining and maintaining appropriate legal authority to collect visitor location data in your specific jurisdiction is your responsibility. Atunex provides the technical consent mechanism; you are responsible for ensuring that mechanism satisfies your legal obligations to your visitors.

7. Data and Privacy

Your use of the Services is governed by our Privacy Policy, incorporated into these Terms by reference. Atunex processes positioning and usage data on your behalf as a data processor; you, as the venue operator, are the data controller for your visitors' data. You are responsible for ensuring your use of visitor data complies with all applicable data protection laws.

For customers subject to the EU General Data Protection Regulation (GDPR), a Data Processing Agreement (DPA) is available upon request at privacy@atunex.com.

8. Intellectual Property

The Services, including all software, hardware designs, algorithms, documentation, and related materials, are owned by Atunex and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Services in accordance with these Terms. This license terminates upon cancellation or termination of your subscription.

You retain ownership of all content you create and upload to the platform. By uploading content, you grant us a limited license to use, store, and display that content solely to provide the Services.

9. Export Controls

You agree to comply with all applicable U.S. and international export control laws, trade sanctions, and regulations in connection with your use of the Services and hardware. You represent that you are not located in, and will not deploy the Services in, any country subject to U.S. trade sanctions or embargo.

10. Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may temporarily suspend the Services for maintenance, updates, or other operational reasons and will provide reasonable advance notice of planned downtime when practicable. Atunex is not liable for service interruptions caused by third-party infrastructure providers, internet outages, or circumstances beyond our reasonable control.

11. Disclaimer of Warranties

The Services and hardware are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except as expressly stated in the limited hardware warranty in Section 3. Atunex does not warrant that the Services will be error-free, uninterrupted, or meet your specific requirements.

12. Limitation of Liability

To the maximum extent permitted by applicable law, Atunex shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of the Services, regardless of the theory of liability, even if Atunex has been advised of the possibility of such damages.

In all cases, Atunex's total cumulative liability to you for any and all claims arising under these Terms shall not exceed the total fees paid by you to Atunex in the twelve (12) months preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Atunex and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Services; (ii) your violation of these Terms; (iii) your violation of any applicable law or regulation; (iv) your failure to obtain or maintain required consents from your visitors; or (v) your violation of any rights of a third party.

14. Termination

Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of receiving written notice. We may also suspend or terminate your access to the Services immediately if we reasonably believe your use poses a legal risk, security risk, or violates these Terms.

Upon termination, your right to use the CMS and API ceases immediately. You may export your content and configuration data within thirty (30) days of termination, after which we may delete your data. Hardware you have purchased remains yours.

15. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights.

Informal Resolution First: Before initiating arbitration or any legal proceeding, the claiming party must send written notice to the other party describing the nature of the dispute and relief sought. The parties agree to attempt to resolve the dispute informally for sixty (60) days following receipt of such notice.

If not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration costs and fees shall be allocated per AAA rules.

Class Action Waiver: Each party waives the right to participate in any class action, class arbitration, or representative proceeding. All disputes must be brought individually.

Opt-Out: You may opt out of this arbitration agreement within 30 days of first using the Services by sending written notice to legal@atunex.com with the subject line "Arbitration Opt-Out."

Arbitration will be conducted remotely or in Cleveland, Ohio.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to the arbitration agreement above, any disputes not subject to arbitration shall be resolved in the state or federal courts located in Cuyahoga County, Ohio, and each party consents to personal jurisdiction in those courts.

17. Changes to These Terms

We may update these Terms at any time. We will provide at least 30 days' notice of material changes by posting updated Terms at atunex.com/terms and notifying you by email. Your continued use of the Services after the notice period constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

19. Contact & Address

For questions about these Terms:

Curly Tale Games LLC, doing business as Rinth Labs (Atunex)
2150 West 117th Street #1343
Cleveland, OH 44111
United States
Email: legal@atunex.com