Beta Program Agreement
Including assumption of risk, release of liability, neural data consent and agreement to arbitrate
Version 2026-11-01.
PLEASE READ THIS AGREEMENT CAREFULLY. SECTION 10 IS A RELEASE OF LIABILITY: YOU GIVE UP CERTAIN RIGHTS TO SUE US, INCLUDING FOR OUR ORDINARY NEGLIGENCE. SECTION 14 REQUIRES INDIVIDUAL ARBITRATION AND WAIVES JURY TRIALS AND CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS. SECTION 7 ASKS FOR YOUR CONSENT TO COLLECT AND USE DATA FROM YOUR BRAIN.
This Beta Program Agreement ("Agreement") is between you and SynapseLabs ("SynapseLabs," "we," "us" or "our"), which operates the Synapse-9 program.
1. What this Agreement covers, and when it takes effect
1.1 "Program" means the S-9 band and its accessories (the "Band"), the Synapse-9 mobile application (the "App"), the Protocol 9 software and all related services.
1.2 Applying does not entitle you to a Band, to participate or to any payment. We may accept or decline any application, for any lawful reason, and places are limited.
1.3 Sections 2, 13, 14, 15, 16 and 18 and the Privacy Notice apply from the moment you submit your application. All other sections take effect only if we accept you and you first activate the Band or the App. Before your first recording we will show you the then-current version of this Agreement in the App and ask you to confirm it. No brain data is recorded until you do.
2. Eligibility
2.1 To apply and participate you must be at least 18 years old, able to enter a binding contract, and living somewhere we offer the Program.
2.2 You confirm that everything you tell us in your application is true and complete, that you are applying for yourself and no one else, and that you will tell us promptly if your answers to our eligibility or health screening questions change.
2.3 You must not use the Band if you have an implanted electronic medical device, such as a pacemaker or neurostimulator, unless your physician has approved it in writing.
3. The Program
3.1 The Band is worn on the head during sleep. It records electrical and related signals from your head. The App receives those signals and processes them on your phone, and sends data derived from them to us.
3.2 The Program is in beta. It is experimental. Features may change, fail, lose data or be withdrawn at any time, with or without notice. Any description of how the Program works, including on our website and in our advertising, describes our goals for it and is not a promise of any result or level of performance.
4. Prototype hardware and your phone
4.1 The Band is a prototype. Unless we tell you otherwise in writing, we keep ownership of it, and you must return it if we ask or if you leave the Program. You may not open, modify, resell or lend it, or use it on anyone else.
4.2 Use only the charger and accessories we supply. Keep the Band dry and away from heat. Stop using it immediately if it is damaged, swollen, hot or producing an odor, and contact us.
4.3 The App uses your phone's processor, battery, storage and network, including while you sleep. This may warm your phone, wear its battery over time and use your data allowance. You are responsible for your phone, your charging setup and any carrier charges. Keep your phone and any charging cable away from your bedding, your pillow and your neck.
5. Not a medical device, and no medical advice
5.1 THE PROGRAM IS NOT A MEDICAL DEVICE. IT HAS NOT BEEN CLEARED OR APPROVED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER REGULATOR. IT DOES NOT DIAGNOSE, TREAT, CURE, MONITOR OR PREVENT ANY DISEASE OR CONDITION.
5.2 Nothing in the Program is medical advice. It will not detect or warn you about a seizure, a breathing problem or any other event or emergency. Do not rely on it for any health decision, and do not delay or stop medical care because of anything it shows you.
5.3 Talk to a physician before using the Band if you have or have had a seizure disorder, a sleep disorder, a head injury, a skin condition or allergy that may react to fabric or metal, or if you are pregnant.
6. Risks, and your assumption of them
6.1 Using the Program involves risks. They include, without limitation: skin irritation, pressure marks, headache or allergic reaction; discomfort, disturbed or reduced sleep; anxiety or preoccupation with sleep or with your data; heat, burns, fire or injury from a battery, charger, phone or cable; entanglement in cables; loss or theft of data, security incidents, and the possibility that data could be linked back to you; and risks that are not yet known, because the Band is a prototype and the Program is experimental.
6.2 Stop using the Band and contact us if you experience any problem. Seek medical care if you need it.
6.3 YOU UNDERSTAND THESE RISKS. YOUR PARTICIPATION IS VOLUNTARY, AND YOU KNOWINGLY ASSUME THESE RISKS, BOTH KNOWN AND UNKNOWN, TO THE FULLEST EXTENT PERMITTED BY LAW.
7. Neural data consent
7.1 What we collect. "Neural Data" means signals from your brain and nervous system recorded by the Band, and information derived from those signals, such as sleep stages and vectors. We collect it only while you wear the Band with recording switched on. We also collect technical data about the Band and your phone, and the information you give us.
7.2 What you are consenting to. By giving this separate consent, you allow us to:
- collect, store and process your Neural Data to run the Program and to pay you;
- use it to create, validate and improve datasets;
- use it to train, test and evaluate artificial intelligence models, including our own;
- license datasets that include your Neural Data to third parties that develop artificial intelligence or conduct research, after removing your name and direct contact details; and
- use it as needed for safety, security, fraud prevention and legal compliance.
7.3 What we will not do. We will not sell or license Neural Data with your name attached. We will not use it, or allow it to be used under our licenses, to make decisions about your employment, insurance, credit, housing or eligibility for any benefit, or to try to identify you. We will not market to you based on it.
7.4 The limits of de-identification. Brain signals may be distinctive to an individual. Removing your name reduces the risk that data is linked back to you, but cannot eliminate it.
7.5 Withdrawing. You can withdraw this consent at any time in the App or by emailing privacy@synapse9.ai. Withdrawing does not affect anything you have already earned. We will stop collecting your Neural Data, and within 30 days we will delete the copies we hold that are linked to you, except what the law requires us to keep. We cannot recall datasets already delivered to others, and we cannot remove what a model has already learned.
7.6 Keeping data. We keep Neural Data linked to you for as long as you participate and for up to 12 months afterward, unless you withdraw sooner. Datasets from which your name and contact details have been removed may be kept indefinitely.
7.7 Your rights. Depending on where you live, you may have rights to access, correct, delete or limit the use of your data. Our Privacy Notice explains how to use them. Declining this consent means you cannot take part in recording, and has no other consequence.
8. Society (optional, and only if you separately opt in)
8.1 Society is a world simulation at society.1337.ai, currently a research prototype ("Society"). Places are limited to 1,000,000 participants, and opting in does not guarantee one.
8.2 If you opt in and receive a place, we link data derived from your training data to an avatar assigned to you in Society. Your avatar is fictional. It does not show your name. It may take part in hypothetical scenarios set in real places and involving public events, and what it does in a simulation does not represent your views or your behavior.
8.3 Society is not required to take part in the Program. You can leave at any time in the App or by emailing privacy@synapse9.ai. We will then stop linking your data and remove your avatar from future simulations. Results of simulations already run may remain. Section 7.3 applies to Society.
9. Payment and taxes
9.1 The Program may pay you for taking part. Rates, conditions and how you get paid will be shown to you before you start earning. No amount is guaranteed. Any figure in our advertising is an illustration and not a promise of what you will earn. We may change rates going forward, and may withhold payment for fraud, misuse or a breach of this Agreement.
9.2 You are not our employee, agent or partner. You are responsible for any taxes on what you receive, and we may ask for tax information and report payments as the law requires.
10. Release of liability
10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, RELEASE AND AGREE NOT TO SUE SYNAPSELABS, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS AND INVESTORS ("RELEASED PARTIES") OVER ANY CLAIM, DEMAND OR LOSS ARISING OUT OF OR RELATED TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR USE OF THE BAND OR APP, INCLUDING CLAIMS FOR PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR FINANCIAL LOSS, AND INCLUDING CLAIMS CAUSED BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
10.2 This release does not cover gross negligence, recklessness, intentional misconduct or fraud, or any claim or right that the law does not allow you to give up in advance. It also does not limit your rights under Section 7 or under privacy law.
10.3 If you live in California, you waive Section 1542 of the California Civil Code for the claims released here, to the extent permitted by law. It reads: "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." Similar laws elsewhere are waived to the same extent.
11. Disclaimer of warranties
THE PROGRAM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE PROGRAM WILL BE SAFE FOR EVERY PERSON, UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT IT WILL ACHIEVE ANY RESULT.
12. Limitation of liability
12.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE PROGRAM WILL NOT EXCEED THE GREATER OF US $100 OR THE AMOUNTS WE PAID YOU IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
12.2 These limits do not apply to the matters listed in the first sentence of Section 10.2, or where the law does not allow them. Some places do not allow certain of these limits, so they may not all apply to you.
13. Your responsibility to us
You agree to compensate us for third-party claims caused by your false statements in your application, your misuse or modification of the Band, or your use of the Band on another person, to the extent permitted by law.
14. Dispute resolution, arbitration and class-action waiver
14.1 Try us first. Before bringing a claim, you and we each agree to try to resolve it informally for 60 days. Start by emailing legal@synapse9.ai with your name, your email address, a description of the dispute and what you are asking for.
14.2 Arbitration. IF WE DON'T RESOLVE IT, ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROGRAM WILL BE DECIDED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT. The American Arbitration Association will administer it under its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. Hearings may be remote or in the county where you live. Fees are as those rules provide. The arbitrator may award the same individual relief a court could.
14.3 Exceptions. Either of us may bring an individual claim in small claims court, and may ask a court to stop misuse of intellectual property. Nothing here stops you from reporting a concern to a government agency.
14.4 Class-action and jury waiver. YOU AND WE EACH GIVE UP THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR JOIN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. If this waiver is found unenforceable for a claim, that claim goes to court and the rest of this Section still applies.
14.5 Your right to opt out. You may opt out of arbitration within 30 days of first agreeing to this Agreement by emailing legal@synapse9.ai with your name and the words "arbitration opt out." Opting out does not affect anything else in this Agreement or your application.
15. Your feedback and the data license
15.1 You may send us ideas and feedback, and we may use them without paying you or owing you anything.
15.2 To the extent you hold rights in your Neural Data, you grant us a worldwide, royalty-free license, which we may sublicense and transfer, to use it for the purposes you consent to in Section 7. After you withdraw, this license continues only for datasets created and models trained before you withdrew.
16. Changes
We may update this Agreement. We will tell you before a material change takes effect. If you don't accept it, you may leave the Program. We will ask for your fresh consent before using Neural Data in a materially new way.
17. Ending your participation
You may leave at any time. We may end your participation at any time, for any lawful reason, and we will pay anything you have validly earned, subject to Section 9. Return the Band if we ask. Sections 6, 7.5, 7.6, 9 to 16 and 18 continue to apply after you leave.
18. General
18.1 Governing law. Delaware law governs this Agreement, apart from its conflict-of-law rules, and subject to any mandatory rights given to you by the law of the place where you live.
18.2 Electronic signature. You agree to do business with us electronically, and that typing your name and submitting your application is your legal signature, with the same effect as signing on paper. You may ask for a paper copy, at no charge, or withdraw your consent to electronic records, by emailing legal@synapse9.ai. Withdrawing ends your participation. You will need a device able to view web pages and email to read and keep a copy.
18.3 The rest. If any part of this Agreement is found unenforceable, that part will be limited or removed as far as needed and the rest stays in force. This Agreement and the Privacy Notice are the whole agreement between us about the Program. You may not transfer this Agreement. We may transfer it as part of a merger, sale or reorganization, provided your data remains subject to Section 7. Our not enforcing a term is not a waiver of it.
18.4 Contact. legal@synapse9.ai. Privacy requests: privacy@synapse9.ai.