Terms

Who these terms cover

These terms are between Halotropic, Inc. (“10am,” “we,” “us”) and the organization that uses 10am (the “Customer,” “you”). The person accepting them confirms they have authority to bind the Customer.

An order form, pilot agreement, or other signed agreement with us controls wherever it differs from these terms.

If you only browse this website, just the website sections apply: license and restrictions, ownership, disclaimers, limitation of liability, and general.

The service

10am is desktop software for Mac and Windows. It plays quiet sound and draws a faint visual layer on one display during the workday. It comes preconfigured, and people can adjust it.

The “service” means the software, updates, and any support we provide under your order.

Pilots

The order form sets a pilot’s team, length, and fee.

You choose the number you will use to judge the pilot. You measure it in your own systems.

A pilot does not turn into a paid subscription on its own. If you don’t continue, access ends when the pilot ends. If you do, any credit for the pilot fee is set out in your order.

Fees and payment

Fees, seat counts, and billing periods are set in your order. Unless your order says otherwise, invoices are due within 30 days, and fees don’t include taxes. Fees you have paid are non-refundable, except as your order or these terms say.

Your responsibilities

• Install 10am only on computers you own or manage, for your employees and contractors.
• Tell the people who use it that 10am is running and what it does.
• Leave people free to lower or turn off the sound and visual layer.
• Use 10am in line with applicable laws and your own workplace policies.
• Keep any sign-in details secure, and tell us about unauthorized use.

You are responsible for the use of 10am under your account.

Wellbeing, not medicine

10am is designed for general wellbeing during work. It is not a medical device. It does not diagnose, treat, cure, or prevent any condition. It is not a substitute for professional care.

Anyone can lower or turn off the sound and the visual layer at any time. Anyone with a medical condition affected by light or sound should check with a doctor before using 10am. Anyone who feels uncomfortable should turn it off.

License and restrictions

For the length of your order, we give you a limited, non-exclusive, non-transferable right to install and use 10am on the number of seats you’ve paid for, for your internal business purposes.

You and your users may not:

• Copy, modify, or create derivative works of 10am.
• Reverse engineer, decompile, or disassemble it, except where the law allows this despite this restriction.
• Resell, sublicense, or share it outside your organization.
• Use it to build a competing product, or to copy its patent-pending system or method.
• Remove proprietary notices, or interfere with the service or its security.

You may use this website to learn about 10am. Don’t scrape it, overload it, or try to get into systems you aren’t authorized to use.

Ownership and feedback

We own 10am, this website, and all related intellectual property. 10am’s ambient audiovisual system and method are patent pending. Apart from the license above, these terms don’t grant you any rights.

You own your data. If you send us feedback or suggestions, we may use them without any obligation to you.

Data and privacy

10am does not collect your work data or monitor anyone’s screen, input, camera, or microphone. Our enterprise privacy policy describes what the app does use and what we share with you.

For personal information we process on your behalf, we act as your service provider or processor. We will sign a data processing agreement on request.

Confidentiality

Each side will protect the other’s non-public business information with reasonable care. Each side will use it only for this relationship, unless the law requires disclosure. This doesn’t cover information that is public, already known, independently developed, or lawfully received from someone else.

Warranties and disclaimers

Each side promises it has the authority to enter into these terms. We promise to provide the service with reasonable skill and care.

We don’t promise any particular result for your team, and pilot outcomes vary.

EXCEPT AS STATED IN THESE TERMS OR YOUR ORDER, THE SERVICE AND THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SIDE IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. EACH SIDE’S TOTAL LIABILITY UNDER THESE TERMS IS LIMITED TO THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. THESE LIMITS DON’T APPLY TO YOUR PAYMENT OBLIGATIONS, TO BREACHES OF THE LICENSE RESTRICTIONS, OR WHERE THE LAW DOESN’T ALLOW THEM.

Term and ending

These terms apply for as long as you have an active order. Either side may end them if the other materially breaches them and doesn’t fix the breach within 30 days of written notice.

When your order ends, stop using 10am and uninstall it. We handle your data as the enterprise privacy policy and any data processing agreement describe. The sections on fees owed, ownership, confidentiality, disclaimers, and liability continue after the order ends.

General

Delaware law governs these terms, without regard to its conflict-of-law rules. The state and federal courts in Delaware have exclusive jurisdiction.

Neither side may assign these terms without the other’s consent, except to a successor in a merger or sale of its business. Neither side is liable for delays caused by events beyond its reasonable control.

If part of these terms can’t be enforced, the rest still applies. We may update these terms. Changes apply to your order at its next renewal, unless you agree to them sooner.

Notices and questions: