End User License Agreement (EULA)

Last Updated: December 13, 2024

1. License Grant

Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use SiteViewXR on your compatible devices for personal or commercial use in accordance with your subscription tier.

2. License Restrictions

You may NOT:

• Copy, modify, distribute, sell, or lease the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use the App for illegal or unauthorized purposes
• Create derivative works based on the App
• Access the App's source code or attempt to extract it

3. CRITICAL MEASUREMENT DISCLAIMER

ESSENTIAL NOTICE: SiteViewXR uses device sensors and AR technology for measurements. You acknowledge and agree that:

3.1 No Accuracy Guarantees

• We provide NO WARRANTIES or GUARANTEES regarding measurement accuracy
• Measurements are ESTIMATES ONLY and should not be relied upon for critical decisions
• Accuracy varies significantly based on device type, environmental conditions, user technique, measurement angles, lighting, and surface materials
• LiDAR devices may be more accurate but are still subject to significant limitations and errors

3.2 Professional Verification Required

• ALL measurements MUST be verified with professional-grade instruments before use in construction, design, or safety-critical applications
• Consult licensed professionals for all structural, electrical, plumbing, and safety-related work
• Follow local building codes and obtain proper permits and inspections

3.3 Limitation of Liability for Measurements

• We are NOT LIABLE for any damages resulting from measurement inaccuracies, regardless of magnitude
• This includes but is not limited to: construction errors, material waste, project delays, cost overruns, structural failures, safety incidents, property damage, or personal injury
• Users assume ALL RISK when relying on App measurements

4. Device and System Requirements

The App requires iOS 14.0+ and functions best on LiDAR-equipped devices. Performance and accuracy vary by device capabilities. We do not guarantee compatibility with all devices or iOS versions.

5. Subscription and Payment Terms

5.1 Subscription Tiers

Features and capabilities vary by subscription tier. CAD export limits, AI conversation limits, and storage allowances are as specified in your tier.

5.2 Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period.

5.3 Price Changes

We reserve the right to change subscription prices with 30 days notice to existing subscribers.

6. Data and Privacy

Your use of the App is subject to our Privacy Policy. By using the App, you consent to our data practices as described in the Privacy Policy.

7. AI Assistance Disclaimer

The App's AI assistance features are provided for informational purposes only. AI responses:

• May contain errors or inaccuracies
• Should not replace professional advice
• Are not substitutes for proper training or expertise
• Do not constitute professional recommendations

8. Third-Party Content and Services

The App may include access to third-party content, services, or partner stores. We are not responsible for third-party content, availability, or terms of service.

9. WARRANTIES DISCLAIMER

THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. We disclaim all warranties, express or implied, including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of measurements
• Uninterrupted or error-free operation
• Compatibility with specific devices or use cases

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability shall not exceed the amount you paid for the App in the 12 months preceding any claim
• We are not liable for indirect, incidental, consequential, punitive, or special damages
• This includes liability for: measurement errors, construction mistakes, project failures, data loss, business interruption, or personal injury

11. Indemnification

You agree to indemnify, defend, and hold us harmless from any claims, damages, losses, or expenses arising from:

• Your use of the App
• Reliance on App measurements or AI assistance
• Violation of this EULA or applicable laws
• Construction or design decisions based on App data

12. Termination

This license is effective until terminated. It will terminate automatically if you fail to comply with any terms. Upon termination, you must stop using the App and may lose access to your data.

13. Apple App Store Terms

If you downloaded the App from the Apple App Store, Apple's Licensed Application End User License Agreement also applies, and in case of conflict, Apple's terms take precedence.

14. Governing Law and Disputes

This EULA is governed by [Your State/Jurisdiction] law. Any disputes will be resolved through binding arbitration or in the courts of [Your Jurisdiction].

15. Updates and Modifications

We may update the App and this EULA from time to time. Continued use after modifications constitutes acceptance of the updated terms.

16. Professional Use Warning

IMPORTANT FOR PROFESSIONAL USERS: If you use SiteViewXR for commercial construction, design, or consulting services, you acknowledge that:

• The App is a preliminary tool only
• Professional verification is mandatory
• You assume all liability for project outcomes
• Clients must be informed of App limitations
• Professional insurance should cover App-related risks

17. Contact Information

For questions about this EULA:

Email: [email protected]

By downloading, installing, or using SiteViewXR, you acknowledge that you have read, understood, and agree to be bound by this EULA.