Terms of Service, Data Rights Assignment & Liability Waiver
Last updated: February 2025
Please read this agreement carefully before participating. By signing below, you agree to be legally bound by all terms contained herein.
1. Data Collection Description
As a remote data collector ("Participant"), you will use your own Android smartphone and the designated application ("App") to record egocentric video and sensor data while performing everyday household tasks at your own residence. Data collected includes video, audio, and sensor readings from your phone's cameras, microphone, accelerometer, and gyroscope. Recordings capture your hands, surroundings, and activities from a first-person perspective. If the Company provides a headband mount or other accessory, it is provided solely as an irrevocable gift; the Company retains no ownership interest once delivered.
Example tasks include but are not limited to: folding and putting away laundry, loading the dishwasher, wiping down counters and appliances, sweeping or mopping floors, making beds, organizing kitchen cabinets, sorting and washing clothes, hanging up laundry, ironing, putting away groceries, taking out trash and recycling, tidying up toys and household items, washing dishes by hand, and cleaning windows and mirrors.
2. Eligibility & Acknowledgment
By participating, you confirm that: (a) you are at least 18 years of age; (b) you are legally competent to enter binding contracts; (c) you are a resident of the United States; (d) you have carefully read this entire Agreement; (e) you fully understand its terms and consequences; and (f) you voluntarily agree to be legally bound by all terms herein.
3. Complete & Irrevocable Data Rights Assignment
You hereby irrevocably assign, transfer, and convey to the Company all right, title, and interest in and to all recordings, data, and materials created during your participation ("Work Product"), including all intellectual property rights therein. This assignment is absolute, perpetual, worldwide, and royalty-free.
The Company may, without restriction or additional compensation:
- Use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, sell, license, sublicense, and otherwise exploit all Work Product
- Sell, license, or transfer Work Product to any third party for any purpose
- Use Work Product to train AI models, robotics systems, and any other technology
- Combine Work Product with other data without restriction
- Store and process Work Product indefinitely
You permanently waive all moral rights, rights of attribution, rights of integrity, and any similar rights in the Work Product under any applicable law.
4. No Additional Compensation
You will be compensated at the rate of $20 per hour of approved footage. Only recordings that meet the Company's quality standards, as determined solely by the Company, will be eligible for payment. Recordings that do not meet these standards will not be compensated. This is your sole and complete compensation. You shall receive no royalties, residuals, or additional payments of any kind if the Company sells, licenses, sublicenses, or otherwise monetizes the Work Product.
5. COMPLETE ASSUMPTION OF ALL RISKS
YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISKS ASSOCIATED WITH PARTICIPATION, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, INCLUDING BUT NOT LIMITED TO:
- Physical injury, illness, pain, suffering, disability, or death arising from wearing the headband device or performing household tasks
- Property damage or loss, including damage to your phone or personal property
- Emotional or psychological distress
- Risks arising from wearing a phone mounted on your head, including neck strain, impaired vision or balance, and tripping hazards
- Risks arising from the ordinary negligence of the Company, its employees, or agents
- Risks arising from defective or malfunctioning equipment
- Any other harm of any kind whatsoever
6. RELEASE OF LIABILITY (ORDINARY NEGLIGENCE ONLY)
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY FOREVER RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE THE COMPANY, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, INSURERS, AND REPRESENTATIVES (COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, COSTS, EXPENSES, OR DAMAGES OF ANY KIND ARISING FROM ORDINARY NEGLIGENCE RELATED TO YOUR PARTICIPATION, INCLUDING BUT NOT LIMITED TO:
- Claims for personal injury, bodily harm, illness, or death
- Claims for property damage or loss, including damage to your phone or equipment
- Claims for emotional distress, mental anguish, or psychological harm
- Claims for ordinary negligence of Released Parties
- Claims for breach of contract, warranty, or any duty
- Claims arising from defective or malfunctioning equipment
- Any other claims of any nature whatsoever arising from ordinary negligence
CALIFORNIA SPECIFIC EXCLUSION: THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM THE COMPANY'S GROSS NEGLIGENCE, RECKLESSNESS, INTENTIONAL TORTS, OR WILLFUL MISCONDUCT.
7. Waiver of California Civil Code Section 1542
You expressly waive and relinquish all rights and benefits under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
You understand this means you are releasing claims you may not yet know exist.
8. Comprehensive Indemnification
You agree to indemnify, defend, and hold completely harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including attorneys' fees and court costs), penalties, and judgments arising from or relating to: (a) your participation; (b) any breach of this Agreement; (c) your violation of any law or third-party rights; (d) any injury or damage caused by you; (e) any claim by any third party related to your participation or the Work Product; (f) any damage to your residence or property during recording activities.
This indemnification obligation survives termination of this Agreement and your participation.
9. Independent Contractor Status
You are an independent contractor. Nothing in this Agreement creates any employment, partnership, joint venture, or agency relationship. You are solely responsible for all taxes, including self-employment taxes, income taxes, and any other applicable taxes. The Company will not withhold taxes or provide any employment benefits, insurance, workers' compensation, or retirement benefits. You have no authority to bind the Company in any way.
10. Equipment & Tools
You certify that you are supplying your own Android smartphone to perform these tasks. If the Company provides a headband mount or other accessory, it is provided solely as an irrevocable gift to facilitate your independent work. The Company retains no ownership interest in, or right to recall, said equipment once delivered. You are solely responsible for the maintenance and proper use of your own equipment.
11. No Liability Cap Exception
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, ANY RELEASED PARTY IS FOUND LIABLE TO YOU FOR ANY REASON, THE TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT YOU WERE PAID IN THE 30 DAYS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
12. Binding Arbitration & Class Action Waiver
ANY DISPUTE ARISING FROM THIS AGREEMENT OR YOUR PARTICIPATION SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION administered by JAMS in Alameda County, California. The arbitrator's decision shall be final and binding.
YOU WAIVE ANY RIGHT TO A JURY TRIAL. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY.
13. Governing Law & Venue
This Agreement is governed by the laws of the State of California without regard to conflicts of law principles. Any litigation (if arbitration is deemed unenforceable) shall be brought exclusively in state or federal courts located in Alameda County, California, and you consent to personal jurisdiction there.
14. Severability & Survival
If any provision is found unenforceable, it shall be enforced to the maximum extent permissible, and remaining provisions remain in full force. If the liability waiver is found unenforceable in any respect, you agree the maximum enforceable limitation shall apply. All waivers, releases, indemnifications, and limitations of liability survive termination of this Agreement.
15. Entire Agreement
This Agreement constitutes the entire agreement between you and the Company regarding your participation and supersedes all prior agreements, representations, and understandings. No modification is valid unless in writing and signed by the Company.
16. Biometric Data & Prohibited Recordings
You acknowledge that the Work Product may inadvertently capture biometric identifiers (e.g., hand geometry, voice prints, face geometry). You explicitly consent to the collection and commercial processing of such data for AI training.
RESTRICTIONS: You strictly agree NOT to record: (a) inside bathrooms, restrooms, or locker rooms; (b) any person under the age of 18; (c) any nudity or sexually explicit content; or (d) any third party who has not granted you verbal permission to be recorded. Violation of this clause is grounds for immediate termination without pay.
17. SMS Communications
By providing your phone number on the sign-up form, you consent to receive text messages from Asimov Robotics Inc. ("Company") related to your participation, including sign-up confirmations, onboarding updates, and scheduling communications. Message frequency varies. Message and data rates may apply.
Text STOP to opt out of messages at any time. Text HELP for support. For additional help, contact us at (657) 255-7981. Your phone number and personal information will not be shared with third parties for marketing purposes.
18. Privacy Policy
Data We Collect: Name, email, phone number, mailing address, hours/week availability, participation duration, government-issued ID (for identity verification only), IP address, and electronic signature.
How We Use Your Data: To process your application, verify your identity, ship equipment, communicate about your participation, process payments, and comply with legal obligations.
Third-Party Sharing: We do not sell, rent, or share your personal information with third parties for marketing purposes. We may share data with service providers (e.g., payment processors, shipping carriers) strictly as necessary to facilitate your participation.
Data Retention: Government-issued ID photos are used solely for identity verification and are not stored permanently. Other personal data is retained for the duration of your participation and as required by law.
Acknowledgment
BY SIGNING THE ELECTRONIC AGREEMENT ON THE SIGN-UP FORM, YOU ACKNOWLEDGE THAT:
- You have read this entire Agreement
- You fully understand all terms and their legal consequences
- You are voluntarily giving up substantial legal rights, including the right to sue
- You intend this Agreement to be a complete release of all liability
- You are signing this Agreement freely and voluntarily
- Your electronic signature is legally binding under the E-SIGN Act