End User License Agreement (EULA)

This End User License Agreement (“Agreement” or “EULA”) is a legally binding agreement between you, your employer, or the entity you represent (“Customer,” “you,” or “your”) and iFieldSmart Technologies, LLC (“iFieldSmart,” “Company,” “we,” “our,” or “us”) governing your access to and use of iFieldSmart software, applications, AI-powered technologies, APIs, downloadable components, mobile applications, Lens360 workflows, and related products and services (collectively, the “Software” or “Services”).

By installing, accessing, downloading, using, or interacting with the Services, you agree to be bound by this Agreement.

If you do not agree to this Agreement, do not install, access, or use the Services.

1. License Grant

Subject to compliance with this Agreement and applicable subscription or commercial agreements, iFieldSmart grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for Customer’s internal business purposes.

This license does not transfer ownership of:

• The Software;
• AI systems;
• Platform technologies;
• Documentation;
• Lens360 workflows;
• APIs;
• Associated intellectual property.

All rights not expressly granted are reserved by iFieldSmart and its licensors.

2. Authorized Users

Customer may permit access to the Services only to authorized employees, contractors, consultants, or representatives (“Authorized Users”).

Customer is responsible for:

• Managing user access;
• Maintaining credential security;
• Ensuring Authorized User compliance with this Agreement;
• Promptly reporting unauthorized access or misuse.

Customer remains responsible for all activities occurring under Customer accounts.

3. AI-Assisted Functionality

The Services may include AI-assisted workflows and AI-enabled capabilities intended to support:

• Construction intelligence;
• AI-assisted documentation workflows;
• Construction data retrieval;
• AI-powered search;
• Observation reporting;
• Workflow automation;
• Lens360 visual documentation analysis;
• BIM and construction coordination workflows.

AI Outputs May Be Inaccurate

AI-generated outputs may:

• Contain inaccuracies;
• Be incomplete;
• Produce hallucinations;
• Miss issues or conditions;
• Misinterpret construction context or project data.

AI-generated outputs are assistive only and require appropriate human review and validation.

No Professional Replacement

The Services do not replace:

• Licensed architects;
• Engineers;
• Safety professionals;
• Human QA/QC processes;
• Professional inspections or approvals.

Customer remains solely responsible for:

• Project decisions;
• Safety determinations;
• Compliance obligations;
• Final operational decisions;
• Construction approvals and sign-offs.

4. Customer Data & Content Rights

Customer retains ownership of all Customer Data submitted to the Services, including:

• Project information;
• BIM files;
• Construction documentation;
• Drawings;
• Specifications;
• Images and videos;
• Lens360 captures;
• Prompts and workflow inputs;
• AI workflow content.

Customer grants iFieldSmart a limited license to host, store, process, analyze, transmit, display, and use Customer Data solely as necessary to:

• Provide the Services;
• Deliver AI-assisted functionality;
• Support customer workflows;
• Maintain security and operational integrity;
• Improve platform performance;
• Fulfil contractual obligations.

“Nothing in this Agreement transfers ownership of Customer Data to iFieldSmart.”

For clarity, Customer Data may generate or be associated with technical logs, usage records, session information, workflow interaction data, diagnostic data, and related product telemetry arising from Customer’s and Authorized Users’ access to and use of the Services, including AI-assisted features, APIs, mobile applications, and Lens360 workflows.

Subject to applicable law, iFieldSmart may collect, use, host, store, process, analyse, and transmit such analytics, telemetry, and session-related information solely as necessary to provide, secure, maintain, support, troubleshoot, optimize, and improve the Services, develop and enhance features and workflows, monitor performance and reliability, and fulfil contractual, legal, and compliance obligations.

Such information may include device and browser characteristics, IP address (which may be truncated, pseudonymized, or otherwise processed to reduce identifiability where practicable), session activity, clickstream and navigation behaviour, feature and workflow usage, performance metrics, and error, crash, and diagnostic information.

iFieldSmart may also use aggregated or de-identified Customer Data and related analytics, telemetry, and usage information for analytics, service improvement, AI workflow optimization, security monitoring, operational insights, and benchmarking, provided that such information is processed in a manner designed not to identify Customer or any individual user.

The collection and use of analytics, telemetry, session monitoring, and product usage analytics, including the use of authorized third-party providers, is further described in the Privacy Policy under the section titled “Analytics, Session Monitoring & Product Usage Analytics,” which is incorporated into this Agreement by reference solely for purposes of describing such data processing practices.

In the event of any conflict between this Agreement and the Privacy Policy regarding the processing of personal data, the Privacy Policy shall govern solely with respect to such processing, and this Agreement shall govern in all other respects.

5. AI Data Usage Commitments

No Public Model Training

Customer Data, prompts, uploaded files, Lens360 Data, BIM models, and related customer content are not used to train public or shared AI models.

Third-Party AI Providers

iFieldSmart may utilize trusted third-party AI providers including:

• OpenAI;
• Anthropic;
• Google;
• OCR and document processing providers;
• Cloud infrastructure providers.

Where applicable, such providers are contractually restricted from using Customer Data to train public AI models.

De-Identified Information

iFieldSmart may use aggregated or de-identified information for:

• Analytics;
• Service improvement;
• AI workflow optimization;
• Operational insights;
• Benchmarking.

Analytics, Telemetry & Session Monitoring

iFieldSmart may automatically collect and process analytics, telemetry, and session data relating to Customer’s and Authorized Users’ use of the Services, including technical logs, feature usage, performance metrics, error and crash information, and workflow interaction data, for the purposes of monitoring, maintaining, and improving the Services.

Such analytics and telemetry may include information about device and browser characteristics, IP address (which may be truncated or pseudonymized), session activity, clickstream and navigation behavior, feature usage, and operational performance, but are processed in accordance with our Privacy Policy and applicable data protection laws.

iFieldSmart may use aggregated or de-identified analytics and telemetry data to improve the Services, enhance AI-assisted workflows, develop new features, and produce operational insights and benchmarking, provided that such information is processed in a manner designed not to identify Customer or individual users.

The collection and use of analytics, telemetry, and session data, including the use of third-party providers such as analytics, session replay, and product usage tools, is further described in the Privacy Policy under the section titled “Analytics, Session Monitoring & Product Usage Analytics,” which is incorporated by reference into this Agreement.

In the event of any inconsistency between this Agreement and the Privacy Policy with respect to the processing of personal data, the Privacy Policy shall govern solely with respect to such processing, and this Agreement shall govern in all other respects.

6. Lens360 & Visual Data Processing

Lens360 workflows may process:

• 360° imagery;
• Drone imagery;
• Site photography;
• Videos;
• Spatial documentation;
• Existing conditions captures;
• AI-assisted visual observations.

Customers are responsible for:

• Obtaining necessary permissions and authorizations;
• Complying with applicable laws and regulations;
• Avoiding unlawful capture activities;
• Managing sensitive project information appropriately.

iFieldSmart processes Lens360 Data solely to:

• Deliver Services;
• Support AI-assisted workflows;
• Maintain platform functionality;
• Improve operational performance.

7. Restrictions on Use

Customer shall not, and shall not permit others to:

• Reverse engineer, decompile, or disassemble the Services;
• Attempt to access source code;
• Circumvent security or authentication controls;
• Conduct unauthorized vulnerability testing;
• Use the Services unlawfully;
• Interfere with platform operations;
• Upload malicious code;
• Use the Services to infringe intellectual property rights;
• Use AI Features to generate unlawful, harmful, deceptive, or fraudulent content;
• Benchmark or compete against iFieldSmart without authorization;
• Use the Services to develop competing products or services.

Unauthorized use may result in suspension or termination.

8. Security Responsibilities

iFieldSmart maintains commercially reasonable safeguards intended to protect Customer Data and platform integrity.

Security measures may include:

• Encryption in transit;
• Encryption at rest;
• Access controls;
• Authentication mechanisms;
• Security monitoring;
• Audit logging;
• Role-based permissions;
• Logical customer environment separation.

Customers are responsible for:

• Securing credentials;
• Managing user access;
• Maintaining endpoint security;
• Reviewing AI-generated outputs;
• Maintaining appropriate internal controls and governance processes.

9. Third-Party Components & Open Source Software

The Services may include or interoperate with:

• Third-party software;
• AI providers;
• APIs;
• Open source software components;
• Cloud infrastructure providers.

Use of such third-party components may be subject to separate license terms or policies. Open source software components are licensed pursuant to their applicable licenses. iFieldSmart does not assume responsibility for third-party products or services outside of its control.

10. Intellectual Property Rights

iFieldSmart and its licensors retain all rights, title, and interest in and to:

• The Software;
• AI systems;
• Lens360 technologies;
• Documentation;
• APIs;
• Workflows;
• Branding;
• Platform technologies;
• Associated intellectual property.

Except for the limited license expressly granted herein, no rights are transferred to Customer.

11. Confidentiality

Each party may receive confidential or proprietary information from the other party.

Receiving parties shall:

• Protect confidential information using reasonable safeguards;
• Use such information solely for authorized purposes;
• Limit disclosure to authorized personnel with a legitimate business need.

Confidential information shall not include information that:

• Becomes publicly available through no fault of the receiving party;
• Was lawfully known prior to disclosure;
• Is independently developed;
• Is lawfully obtained from another source.

12. Service Availability & Updates

iFieldSmart may:

• Update or modify the Services;
• Improve AI capabilities;
• Add or remove functionality;
• Change operational workflows;
• Modify integrations or providers;
• Release patches, upgrades, or updates.

While iFieldSmart seeks to maintain platform availability, uninterrupted or error-free operation is not guaranteed. Certain AI capabilities or workflows may evolve over time based on technology changes, provider changes, security requirements, and operational improvements.

13. Suspension & Termination

iFieldSmart may suspend or terminate access to the Services if:

• Customer violates this Agreement;
• Fees remain unpaid;
• Security risks arise;
• Unauthorized or unlawful activity occurs.

Upon termination:

• License rights immediately cease;
• Customer access may be disabled;
• Certain retained obligations survive termination.

14. Export & Compliance Restrictions

Customer agrees to comply with all applicable:

• Export control laws;
• Sanctions regulations;
• Trade restrictions; or
• Governmental regulations.

Customer shall not use the Services in prohibited jurisdictions or for prohibited purposes under applicable law.

15. Warranty Disclaimer

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IFIELDSMART DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• NON-INFRINGEMENT;
• ACCURACY;
• RELIABILITY;
• AVAILABILITY.

iFieldSmart does not warrant that:

• The Services will be uninterrupted or error-free;
• AI outputs will always be accurate or complete;
• The Services will identify all issues or conditions; or
• AI-generated outputs will satisfy Customer requirements.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IFIELDSMART SHALL NOT BE LIABLE FOR:

• INDIRECT DAMAGES;
• INCIDENTAL DAMAGES;
• CONSEQUENTIAL DAMAGES;
• SPECIAL DAMAGES;
• LOST PROFITS;
• LOST DATA;
• BUSINESS INTERRUPTION;
• PROJECT DELAYS;
• CONSTRUCTION DEFECTS;
• COST OVERRUNS;
• SAFETY INCIDENTS;
• RELIANCE ON AI OUTPUTS.

IFIELDSMART’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES SHALL NOT EXCEED THE FEES PAID BY CUSTOMER TO IFIELDSMART DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Certain jurisdictions may not permit certain limitations, so some limitations may not apply.

17. Indemnification

Customer agrees to defend, indemnify, and hold harmless iFieldSmart and its affiliates, officers, employees, contractors, and agents from claims arising from:

• Customer misuse of the Services;
• Violations of this Agreement;
• Violations of applicable laws;
• Customer Data;
• Unauthorized visual capture activities;
• Improper reliance on AI-generated outputs.

18. Governing Law & Dispute Resolution

This Agreement shall be governed by the laws of the Commonwealth of Virginia, excluding conflict-of-law principles.

Any disputes arising under this Agreement shall be resolved through binding arbitration unless otherwise agreed in writing between the parties.

Nothing herein prevents either party from seeking injunctive or equitable relief where appropriate.

19. Changes to This Agreement

iFieldSmart may update this Agreement from time to time.

Material changes may be communicated through:

• Website postings;
• Platform notifications;
• Customer communications; or
• Updated effective dates.

Continued use of the Services after updates constitutes acceptance of the revised Agreement.

20. Entire Agreement

This Agreement, together with applicable:

• Subscription agreements;
• Order forms;
• Privacy Policy;
• Responsible AI Policy;
• Terms of Service; and
• Additional service terms

constitutes the complete agreement governing use of the Services.

21. Contact Information