Terms of Service

Your access to and use of the websites and services operated by PONTIX AI, Inc. and its affiliates ("PONTIX") is subject to the following terms and conditions, which may be updated from time to time without notice. By continuing to use the Services, you agree to be bound by these Terms. If you are accepting on behalf of a company or legal entity, you represent that you have authority to bind that entity.

Please read these terms carefully. They are subject to change.

Terms and Conditions

1. Definitions

"Client" or "you" means the individual or entity that has agreed to these Terms and is authorized to access the Services.

"AXIOM" means PONTIX's enterprise digital twin and operational intelligence platform.

"DIPR" (Data-Rich Insight Pool) means the proprietary structured intelligence reservoir built and owned by the Client through use of PONTIX Services.

"Facility Data" means spatial scan data, point cloud models, operational records, IoT sensor feeds, and other data derived from or pertaining to Client's physical facilities.

"Order Form" means a written or electronic agreement specifying the Services, fees, and other terms applicable to a particular engagement.

"Services" means the PONTIX platform, products, and services — including AXIOM, NaroMapping, DRIP/DIPR, associated software, APIs, and professional services — provided by PONTIX AI, Inc. and its affiliates.

2. Description of Services

PONTIX currently provides clients with access to a rich suite of operational intelligence services, including reality capture and 3D scanning, digital twin modeling and deployment, AXIOM platform access, NaroMapping intelligence structuring, DRIP data processing, IoT infrastructure installation, and related professional services.

PONTIX deploys a multidisciplinary team for on-site engagements including Reality Capture Specialists, Business Analysts, and Industrial Engineers. The specific composition and scope will be defined in the applicable Order Form.

PONTIX assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or data. In order to use the Services, you must provide certain information and agree to be bound by these Terms. PONTIX may update or modify the Services from time to time; for material changes affecting existing subscriptions, PONTIX will provide at least 30 days' notice.

3. Client Responsibilities

You agree to:

Provide PONTIX with reasonable access to physical facilities and systems necessary to perform the Services.
Designate an authorized point of contact who is empowered to make decisions regarding the engagement.
Ensure that any third-party systems, data, or integrations you connect to AXIOM comply with applicable licenses and agreements.
Maintain the security of your account credentials and promptly notify PONTIX of any unauthorized access or suspected breach.
Use the Services only for lawful purposes and in compliance with all applicable laws and regulations.
Not attempt to reverse engineer, disassemble, decompile, or derive the source code of any PONTIX software or platform component.
You may not use the Services to conduct or promote illegal activities, infringe the rights of third parties, transmit malicious code, or interfere with the operation of PONTIX systems or third-party systems.

4. Data Ownership and DIPR

You retain full ownership of all Facility Data and all data you contribute to or generate through the Services. PONTIX does not claim any ownership interest in your operational data, DIPR reservoir, or any intelligence derived exclusively from your facilities.

The DIPR compiled from your facilities is your permanent proprietary asset. Upon termination or expiration of the engagement, PONTIX will provide a complete data export of your DIPR in a standard machine-readable format within 30 days of request, at no additional charge.

Zero Source Modification. PONTIX's AXIOM platform reads your enterprise systems but does not write to or modify your source data systems. Intelligence is generated as an overlay layer. Your underlying operational data remains exactly as it was prior to the engagement.

License Grant to PONTIX. You grant PONTIX a limited, non-exclusive license to access and process your Facility Data solely for the purpose of providing the Services as described in the applicable Order Form. This license does not include rights to use your data for any other purpose, including training general AI models.

5. Intellectual Property

You should assume that everything you see or read through the Services is the intellectual property of PONTIX and protected by applicable intellectual property law unless otherwise noted. PONTIX neither warrants nor represents that your use of materials displayed on the Services will not infringe the rights of third parties.

PONTIX retains all rights, title, and interest in the AXIOM platform, NaroMapping technology, proprietary algorithms, software, methodologies, and all other PONTIX technology. Nothing in these Terms transfers any ownership of PONTIX intellectual property to you.

Deliverables specifically created for you as described in an Order Form — including BIM models, point cloud outputs, and technical drawing sets — are owned by you upon full payment, unless otherwise specified in writing.

AI Provider Independence. PONTIX's architecture is designed so that your DIPR is AI-model agnostic. As AI models evolve, you may adopt new capabilities using the same structured data foundation without retraining from scratch or vendor lock-in.

6. Privacy Policy

Registration data and certain other information about you is subject to our Privacy Policy. For more information, see the full Privacy Policy. You understand that through your use of the Services you consent to the collection and use of this information as set forth in the Privacy Policy.

7. Fees and Payment

Fees are set forth in the applicable Order Form. Unless otherwise specified:

Invoices are due within 30 days of receipt.
Late payments bear interest at 1.5% per month, or the maximum rate permitted by applicable law, whichever is less.
All fees are exclusive of applicable taxes, duties, and levies, which are the Client's sole responsibility.
Fees for professional services — including on-site scanning and deployment — are non-refundable once work has commenced.

8. Confidentiality

Each party agrees to hold in strict confidence all Confidential Information of the other party and to use it only in connection with the Services. "Confidential Information" includes all non-public technical, business, and operational information disclosed under these Terms.

Obligations of confidentiality do not apply to information that is: (a) publicly known through no fault of the receiving party; (b) independently developed without use of the disclosing party's information; or (c) required to be disclosed by applicable law or court order, provided the receiving party gives prompt written notice where legally permitted.

9. Warranties and Disclaimers

PONTIX warrants that: (a) it has the authority to enter into these Terms; (b) the Services will be performed in a professional and workmanlike manner consistent with industry standards; and (c) AXIOM will perform materially as described in applicable documentation during any subscription term.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE SERVICES ARE PROVIDED "AS IS." PONTIX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL PONTIX BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. PONTIX accepts no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property in connection with your access to, use of, or browsing of the Services or your downloading of any materials, data, text, images, video, or audio from the Services.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PONTIX'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO PONTIX IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES — INCLUDING LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION — ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. International Use

Software and other materials from the Services may be subject to export controls of Switzerland, the United States and/or other countries where PONTIX operates. You agree to comply with all applicable export laws and regulations. The Services may be downloaded or exported to any such countries, companies and/or individuals that may be subject to such export restrictions. PONTIX is not responsible for downloading or exportation of any software or technical data from the Services to any jurisdiction prohibited by applicable export laws.

12. Termination

PONTIX reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice, with or without reason. Either party may terminate for material breach upon 30 days' written notice if the breach is not cured within that period.

You agree that PONTIX shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. Upon termination: (a) your access to AXIOM is revoked; (b) PONTIX will provide a full DIPR data export within 30 days of request; (c) each party will return or destroy the other's Confidential Information. Sections 4, 5, 8, 9, 10, and 13 survive termination.

13. Governing Law and Disputes

These Terms and any action related thereto will be governed by the laws of the State of Washington, USA, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington, for resolution of any dispute arising from these Terms, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction without waiving the right to arbitrate.

14. General Information

These Terms constitute the entire agreement between you and PONTIX regarding use of the Services, superseding any prior agreements. The failure of PONTIX to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such provision. If any provision is found to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the remaining provisions shall continue in full force and effect.

PONTIX may update these Terms at any time. Your continued use of the Services after any such change constitutes your acceptance of the new Terms. You are responsible for regularly reviewing these Terms.