Effective Date: March 27, 2026 · Last Updated: March 30, 2026
1. Parties
This End User License Agreement (“Agreement”) is between THEO Laser Inc., a company registered in the United States (“Company”, “we”, “us”), and the individual or entity downloading or using the THEO Toolbox mobile application (“App”) (“you”, “User”). The App is licensed, not sold, to you. Apple Inc. (“Apple”) is not a party to this Agreement.
2. License Grant
Subject to the terms of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on any Apple-branded device that you own or control, as permitted by the Apple App Store Terms of Service.
3. Scope of Use
The App is designed for professional use by authorized personnel working with THEO laser welding equipment. Features include machine registration and management via QR code scanning, Welding Procedure Specifications (WPS) document access, service ticket creation and tracking, laser safety certification tracking, training and academy content, and community posts and discussions. You may only use the App with a valid account provided or approved by the Company or an authorized THEO distributor.
4. Safety Disclaimer
THE APP IS A SUPPLEMENTARY PROFESSIONAL TOOL AND DOES NOT REPLACE EQUIPMENT MANUALS, PROFESSIONAL SAFETY TRAINING, APPLICABLE SAFETY REGULATIONS, OR THE JUDGMENT OF QUALIFIED PERSONNEL.
Welding Procedure Specifications (WPS), laser safety information, training content, and any other technical information provided through the App are for reference purposes only. All such content must be independently validated against applicable industry standards, regulatory requirements, and equipment manufacturer guidelines before use in any operational setting.
The Company assumes no liability for injury, death, property damage, or equipment damage arising from reliance on information provided through the App without independent verification by qualified personnel. Users are solely responsible for ensuring compliance with all applicable workplace safety laws, regulations, and standards, including but not limited to OSHA requirements (United States), EU Directive 2006/25/EC on artificial optical radiation, and equivalent regulations in other jurisdictions.
5. Account and Access
You are responsible for maintaining the confidentiality of your account credentials. You agree to notify the Company immediately of any unauthorized use of your account. The Company reserves the right to suspend or terminate accounts that violate this Agreement or are used for purposes inconsistent with the App’s intended function.
6. Restrictions
You agree not to: copy, modify, or distribute the App or any part of it; reverse-engineer, decompile, or disassemble the App; remove or alter any proprietary notices or labels in the App; use the App for any unlawful purpose or in violation of any applicable regulations; attempt to gain unauthorized access to the Company’s servers, APIs, or other users’ data; use automated systems or bots to interact with the App; or share, transfer, or sublicense your account to any third party.
7. Device Permissions
The App may request access to certain device features:
- Camera — to scan machine QR codes and capture photos for service tickets and community posts.
- Photo Library — to upload photos and videos to community posts and service tickets.
- Push Notifications — to deliver updates about service tickets, certifications, and community activity.
These permissions are optional and can be managed through your device settings. Denying certain permissions may limit app functionality.
8. Data Collection and Privacy
The Company collects and processes certain data in connection with your use of the App, including account information (name, email address, company affiliation), machine registration data, service ticket content (including photos and text), community post content (including photos, videos, and text), device information (device type, operating system version), push notification tokens, and crash and diagnostic data.
Crash Reporting. The App uses Sentry, a third-party error tracking service, to collect crash reports and diagnostic data. This data is used solely to improve the App’s stability and performance. Crash reports may include device type, operating system version, and app state at the time of an error. While crash reports are not designed to collect personal information, certain data elements may constitute personal data under applicable law.
Privacy Policy. For full details on how we collect, use, store, and share your data, including the legal basis for processing, your rights regarding your data, data retention periods, and international data transfer practices, please refer to our Privacy Policy:
- For users in the European Union, the EEA, the United Kingdom, or Switzerland: https://theo.inc/privacy-statement-eu/
- For users in the United States: https://theo.inc/privacy-statement-us/
- For all users of the THEO Toolbox App: https://theo.inc/privacy-statement-app/
Your Rights. Depending on your jurisdiction, you may have rights regarding your personal data, including rights of access, rectification, erasure, data portability, and objection to processing. To exercise these rights, please contact us at support@theo.inc or use the data request form available in our Privacy Policy.
9. Intellectual Property
The App, including its code, design, graphics, trademarks, and content, is the property of THEO Laser Inc. and is protected by copyright, trademark, and other intellectual property laws. This Agreement does not grant you any rights to the Company’s trademarks, logos, or brand assets.
User-Generated Content. User-generated content (such as community posts, photos, and videos) remains your property. However, by posting content through the App, you grant the Company a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, display, reproduce, modify, create derivative works from, and distribute that content in connection with the App, the Company’s website, marketing and promotional materials, training materials, social media channels, and related services. This license survives termination of your account for content already published or incorporated into Company materials, but you may request removal of your content from the App’s community features at any time by contacting support@theo.inc.
Content Standards. You represent and warrant that any content you submit through the App does not infringe the intellectual property rights or other rights of any third party. The Company reserves the right to remove any content that it reasonably believes infringes third-party rights or violates this Agreement.
Copyright Complaints. If you believe that content posted through the App infringes your copyright, please send a notice to our designated agent at support@theo.inc containing: (a) a description of the copyrighted work; (b) identification of the infringing material; (c) your contact information; (d) a statement of good faith belief that the use is not authorized; and (e) a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.
10. Third-Party Services
The App may integrate with third-party services. Your use of those services is governed by their respective terms. The Company is not responsible for the availability, accuracy, or practices of any third-party service.
11. Warranty Disclaimer
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
Nothing in this Agreement excludes or limits any warranty, condition, or guarantee that cannot be lawfully excluded or limited under applicable law. If you are a consumer in the European Union, the European Economic Area, the United Kingdom, Australia, Japan, or any other jurisdiction with mandatory consumer protection laws, the disclaimers above apply only to the extent permitted by the laws of your jurisdiction. In particular, consumers in Australia have statutory guarantees under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010), and nothing in this Agreement restricts or modifies those guarantees.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL. THE COMPANY’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DOWNLOAD THE APP (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIFTY US DOLLARS (US $50).
NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY THE COMPANY’S NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION LAWS IN THE EUROPEAN UNION, AUSTRALIA, AND JAPAN.
13. Indemnification
You agree to indemnify, defend, and hold harmless THEO Laser Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:
(a) your use of the App in violation of this Agreement or any applicable law or regulation;
(b) your reliance on content provided through the App (including WPS documents, safety information, or training content) without independent professional verification;
(c) any user-generated content you submit through the App that infringes the rights of any third party;
(d) your negligent or willful misconduct in connection with your use of the App or THEO laser equipment; or
(e) your violation of any applicable workplace safety law, regulation, or standard.
This indemnification obligation shall survive the termination of this Agreement. To the extent that this indemnification provision is prohibited or limited by applicable consumer protection law in your jurisdiction, it shall apply only to the extent permitted by such law.
14. Apple-Specific Terms
This Agreement is between you and THEO Laser Inc. only, not with Apple. Apple has no obligation to provide maintenance or support for the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any). Apple has no other warranty obligation. Apple is not responsible for addressing any claims related to the App, including product liability, legal compliance, or intellectual property infringement. Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.
15. Termination
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms. Upon termination, you must cease all use of the App and delete all copies from your devices.
The Company may terminate your access for cause immediately upon notice if you breach any material term of this Agreement. The Company may also terminate your access without cause by providing you with at least thirty (30) days’ advance written notice (via email or in-app notification).
Data Export. Upon termination of your account for any reason, the Company will make your data available for export for a period of thirty (30) days following the effective date of termination. After this period, the Company may delete your data in accordance with its data retention policies and applicable law.
Survival. The following sections of this Agreement shall survive any termination: Safety Disclaimer (Section 4), Data Collection and Privacy (Section 8), Intellectual Property (Section 9), Warranty Disclaimer (Section 11), Limitation of Liability (Section 12), Indemnification (Section 13), Governing Law (Section 17), and Dispute Resolution (Section 18).
16. Age Restriction
The App is intended for use by individuals sixteen (16) years of age or older. By using the App, you represent and warrant that you are at least 16 years old. If you are under 16, you may not use the App. If we learn that we have collected personal data from a user under 16 without verified parental consent, we will take steps to delete that information promptly.
17. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law principles.
If you are a consumer in the European Union or the European Economic Area, you shall also benefit from any mandatory provisions of the law of the country in which you reside, and nothing in this Agreement affects your rights as a consumer under the mandatory consumer protection laws of your jurisdiction. If you are a consumer in Australia, this Agreement is subject to the mandatory provisions of Australian Consumer Law. If you are a consumer in Japan, this Agreement is subject to the mandatory provisions of the Consumer Contract Act and the Act on the Protection of Personal Information (APPI).
18. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to this Agreement or the use of the App shall first be submitted to good-faith negotiation between the parties for a period of thirty (30) days following written notice of the dispute.
If the dispute is not resolved through negotiation, it shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall be conducted in the English language and shall take place in Wilmington, Delaware, United States (or remotely by video conference at the election of either party). The arbitrator’s decision shall be final and binding.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.
This arbitration provision does not apply to the extent prohibited by the mandatory laws of your jurisdiction. In particular, consumers in the European Union retain the right to bring proceedings in the courts of their Member State of residence in accordance with Regulation (EU) No 1215/2012. Consumers in Australia retain the right to bring proceedings under the Australian Consumer Law in Australian courts.
19. Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”), and equivalent regulations in your jurisdiction. You may not download, use, or export the App in violation of these laws.
20. Changes to This Agreement
The Company may modify this Agreement from time to time. We will provide at least thirty (30) days’ advance notice of material changes through in-app notification and, where we have your email address, by email. The updated terms will also be posted on our website.
If you do not agree to the modified terms, you may terminate your use of the App before the changes take effect by deleting the App and closing your account. Continued use of the App after the effective date of the changes constitutes your acceptance of the revised terms.
Non-material changes (such as corrections of typographical errors or formatting updates) may take effect immediately upon posting.
21. Contact
THEO Laser Inc.
1900 W. Park Dr., Suite #150
Westborough, MA 01581, United States
Email: support@theo.inc · Website: https://theo.inc
EU Representative: marketing@maxlasers.com
