Phyt AI Beta Hardware Program Agreement

Version: 1.0 Last Updated: January 2026

1. Program Overview

The Phyt AI Beta Hardware Program ("Program") provides selected participants with assembled, pre-release Phyt AI irrigation controller hardware ("Beta Hardware") for evaluation and testing purposes.

This is not a purchase agreement. Tester receives temporary use of Company-owned hardware in exchange for a refundable deposit and participation in feedback activities.

Parties:

"Company": Dixon Development LLC, a Michigan limited liability company
"Tester": The individual accepting this agreement

2. Deposit

2.1 Amount

Tester agrees to pay a deposit of $275 USD ("Deposit") upon acceptance into the Program.

2.2 Nature of Deposit

The Deposit is fully refundable subject to the terms of this Agreement. The Deposit is not a purchase price, payment for goods, or non-refundable fee. It secures Tester's commitment to the Program and the safe return of Beta Hardware.

2.3 Payment

Deposit is due upon acceptance into the Program and before Beta Hardware ships.

3. Beta Hardware

3.1 Ownership

Beta Hardware remains the property of Dixon Development LLC throughout the Program. Tester receives a limited license to use the Beta Hardware solely for testing purposes as described in this Agreement.

3.2 What's Included

Beta Hardware package contents will be specified in the shipping confirmation and may vary as the product develops. A typical package includes the controller unit, valve and sensor modules, cabling, and sample sensors. Exact contents are confirmed at time of shipment.

3.3 What's Not Included

Valves, pumps, or irrigation infrastructure
Electrical installation or wiring to mains power
Plumbing or water supply connections
Additional sensors beyond those provided

3.4 Condition

Beta Hardware is provided in working condition as tested by Company. Beta Hardware is pre-release and may contain bugs, incomplete features, or design issues. This is the purpose of the Program.

4. Testing Period

4.1 Duration

The testing period is six (6) months from the date Beta Hardware is delivered to Tester ("Testing Period").

4.2 Start Date

Testing Period begins on confirmed delivery date per carrier tracking.

4.3 Extension

Company may, at its sole discretion, offer to extend the Testing Period. Any extension will be communicated in writing.

5. Tester Obligations

5.1 Installation

Tester is responsible for installing Beta Hardware in their own environment. Tester agrees to:

Follow all safety guidelines provided by Company
Ensure installation complies with local electrical codes
Use appropriate circuit protection (GFCI recommended for any water-adjacent installation)
Not modify Beta Hardware circuitry without written approval from Company

5.2 Feedback Participation

Tester agrees to participate in feedback activities including:

Monthly check-in: Brief survey or call (15-30 minutes) to discuss experience
Issue reporting: Promptly report bugs, failures, or unexpected behavior via designated channel
Final survey: Comprehensive feedback at end of Testing Period
Usage data: Allow Beta Hardware to transmit sensor and system data to Company cloud platform

5.3 Responsiveness

Tester agrees to respond to Company communications regarding the Program within seven (7) days.

5.4 Permitted Use

Beta Hardware may be used for:

Personal irrigation automation (hobby, residential garden, personal grow)
Evaluation for potential commercial use

Beta Hardware may not be used for:

Active commercial production where crop loss would cause significant financial harm
Resale, rental, or transfer to third parties
Any illegal activity

5.5 Care of Hardware

Tester agrees to take reasonable care of Beta Hardware. Normal wear and tear is expected. Tester is not responsible for defects, failures, or issues caused by the Beta Hardware itself.

6. Cloud Access

6.1 Included Access

Tester receives Cloud Plus tier access at no charge for the duration of the Testing Period. This includes:

Remote dashboard access
1-year data retention
Email and SMS alerts
Analytics features
Priority email support

6.2 After Testing Period

If Tester keeps Beta Hardware (Section 8.2), Cloud Plus access converts to a paid subscription. Tester will need to provide payment method to continue Cloud access. Tester may downgrade to Cloud Basic or Free Local tier.

If Tester returns Beta Hardware, Cloud access terminates.

7. Support During Program

7.1 Scope

Company will provide troubleshooting support for Beta Hardware issues during the Testing Period. This includes:

Firmware issues
Connectivity problems
Cloud platform bugs
Hardware defects

7.2 Exclusions

Support does not cover:

Electrical installation guidance
Irrigation system design
Third-party sensors or components
Issues caused by modification of Beta Hardware
Issues caused by improper installation or use

7.3 Response Time

Company will make reasonable efforts to respond to support requests within 48 hours during business days.

8. End of Testing Period Options

At the conclusion of the Testing Period, Tester must choose one of the following options:

8.1 Option A: Return Beta Hardware

Tester returns Beta Hardware to Company.

Company provides prepaid return shipping label
Tester ships within 14 days of Testing Period end
Upon receipt and inspection, Company refunds Deposit in full
Inspection confirms: hardware present, no intentional damage, all included components returned
Normal wear and tear accepted
Refund processed within 14 days of receiving returned hardware

8.2 Option B: Keep Beta Hardware

Tester keeps Beta Hardware.

Deposit converts to purchase price (non-refundable)
Ownership transfers to Tester
Tester is subject to the Conversion Terms in Section 12
Tester is responsible for ongoing SaaS subscription if desired
No warranty is provided (Beta Hardware sold as-is at conversion)

8.3 Failure to Choose

If Tester does not respond within 14 days after Testing Period ends, Company will attempt contact via email and phone. If no response after an additional 14 days (28 days total), Deposit is forfeit and Company may request hardware return or consider it abandoned.

9. Early Termination

9.1 By Tester

Tester may exit the Program early by returning Beta Hardware. Same return process as Section 8.1. Deposit refunded in full upon return and inspection.

9.2 By Company

Company may terminate Tester's participation for:

Failure to participate in feedback activities after written warning
Misuse of Beta Hardware
Non-responsiveness (no contact for 30+ days)
Breach of this Agreement

Upon termination by Company:

If Tester returns hardware within 14 days: full Deposit refund
If Tester fails to return hardware: Deposit forfeit, Company may pursue hardware return

9.3 Program Cancellation

If Company cancels the entire Beta Program:

All Testers receive full Deposit refund
Testers may keep or return Beta Hardware at Company's discretion
Company will communicate via email with at least 14 days notice

10. Safety and Liability

10.1 Safety Warnings

IMPORTANT SAFETY INFORMATION

Beta Hardware controls electrical devices in proximity to water. Improper installation can result in electrical shock, fire, or water damage.

Tester acknowledges:

They have read and understand the Safety Documentation provided
They will follow all installation guidelines
They will use appropriate electrical protection (GFCI circuits)
They are solely responsible for safe installation in their environment
Beta Hardware is not certified by FCC, CE, UL, or any regulatory body
Beta Hardware is pre-release and may malfunction

10.2 Assumption of Risk

Tester assumes all risk associated with installation and use of Beta Hardware. Tester understands this is pre-release hardware that may fail, malfunction, or behave unexpectedly.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIXON DEVELOPMENT LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Crop loss or damage
Water damage to property
Electrical damage or fire
Lost profits or revenue
Data loss

COMPANY'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE DEPOSIT.

10.4 Indemnification

Tester agrees to indemnify and hold harmless Dixon Development LLC from any claims, damages, or expenses arising from Tester's installation, use, or misuse of Beta Hardware.

11. Intellectual Property and Confidentiality

11.1 Feedback Ownership

Any feedback, suggestions, ideas, or improvements Tester provides regarding Beta Hardware or the Phyt AI platform become the property of Dixon Development LLC. Company may use such feedback without restriction or compensation.

11.2 No Confidentiality Obligation

Tester is not under NDA. Tester may share their experience, post reviews, and discuss the product publicly. Company encourages honest public feedback.

11.3 Case Studies

Company may request permission to use Tester's experience as a case study or testimonial. Such use requires separate written consent from Tester.

12. Conversion Terms

This section applies only if Tester chooses to keep Beta Hardware (Option B in Section 8.2).

12.1 Ownership Transfer

Beta Hardware ownership transfers to Tester. Company has no further obligation regarding the hardware.

12.2 As-Is Condition

BETA HARDWARE IS PROVIDED "AS-IS" WITH NO WARRANTY OF ANY KIND. Company disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.

12.3 No Certification

Beta Hardware is not FCC, CE, or UL certified. It is not approved for commercial use in jurisdictions requiring such certifications. Tester assumes responsibility for compliance with local regulations.

12.4 Support

Post-conversion support is limited to Cloud platform issues (with active subscription). No hardware support or warranty is provided.

12.5 Future Upgrade Path

Testers who convert may be eligible for Pro hardware upgrade discounts when Pro launches. Details will be communicated separately.

13. Data and Privacy

13.1 Data Collected

During the Program, Beta Hardware will transmit to Company:

Sensor readings (soil moisture, flow, temperature, etc.)
System status and health metrics
Usage patterns and schedules
Error logs and diagnostics

13.2 Use of Data

Company will use this data to:

Improve Beta Hardware and firmware
Develop and train cloud platform features
Provide support to Tester
Aggregate anonymized data for product development

13.3 Privacy

Tester's personal information is handled per Company's Privacy Policy at phyt.ai/privacy. Data is not sold to third parties.

14. General Terms

14.1 Entire Agreement

This Agreement constitutes the entire agreement between Tester and Company regarding the Beta Program and supersedes any prior discussions or agreements.

14.2 Amendments

Company may update these terms with 30 days written notice. Continued participation constitutes acceptance. If Tester disagrees with changes, they may exit per Section 9.1.

14.3 Governing Law

This Agreement is governed by the laws of the State of Michigan without regard to conflict of law principles.

14.4 Dispute Resolution

The parties agree to attempt good faith resolution of any dispute before pursuing formal remedies. Either party may pursue claims in small claims court in Washtenaw County, Michigan. For disputes exceeding small claims limits, the parties consent to exclusive jurisdiction in state or federal courts in Michigan.

14.5 Severability

If any provision is found unenforceable, remaining provisions remain in effect.

14.6 Assignment

Tester may not assign or transfer this Agreement. Company may assign to a successor entity.

15. Acceptance

By submitting a Beta Program application and deposit, Tester confirms:

I have read and understand this Agreement
I have read and understand the Safety Documentation
I understand Beta Hardware is not certified and is pre-release
I accept full responsibility for safe installation
I commit to participating in feedback activities
I understand my Deposit is refundable upon hardware return

Contact

Questions about this Agreement: support@phyt.ai

Dixon Development LLC Michigan, USA