These Terms and Conditions (the "Terms") are a legal agreement between you and Point Data Inc. ("Point Data," "we," "us," or "our"), 724 Chenault Bridge Rd., Lancaster, KY 40444, United States. They govern your use of the FoundationDraw™ mobile app, the FoundationDraw™ website, and related online services (together, the "Service"). These Terms also serve as the end user license agreement (EULA) for the FoundationDraw™ app.

By downloading, installing, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company, you confirm that you are authorized to accept these Terms for that company, and "you" includes that company. If you do not agree, do not use the Service.

1. Definitions

• Company Account means the account a business sets up to use FoundationDraw™ with one or more users.
• Master Account Holder means the person or business that set up and controls a Company Account, for example your employer. Administrators are users the Master Account Holder authorizes to manage the Company Account.
• User means any individual who accesses the Service under a Company Account, including field technicians and administrators.
• License means a paid subscription seat that allows one User to use the Service.
• Project means the drawings, scans, photos, notes, measurements, elevation data, and documents created in FoundationDraw™, including exported PDF Projects and Benchmark® reports.
• Customer Data means all data that you or your Company Account submit to the Service, including Projects and the Client information in them.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract to use the Service. FoundationDraw™ is intended for business and professional use.
• You must give accurate account information and keep it up to date. You may sign in with Apple, Google, or another method we support.
• Messaging consent: by creating an account and providing your phone number and email, you agree to receive transactional texts and emails from Point Data, such as sign-in and verification codes and account and service messages. We send marketing texts or emails only if you opt in, and you can opt out at any time (reply STOP to texts or use the unsubscribe link in emails). Message and data rates may apply. See our Privacy Policy.
• You are responsible for keeping your sign-in credentials secure and for all activity under your account. Notify us right away at [email protected] if you suspect unauthorized use.

3. Company Accounts

• Control: the Master Account Holder and its Administrators control the Company Account. This includes adding and removing Users, assigning roles and permissions, managing Licenses and billing, managing the company symbol library, branding, and layouts, and accessing all of the company's Projects.
• Ownership: the company owns its Projects and Customer Data, as between the company and Point Data. If a User leaves the company or is removed, the Projects that User created remain with the Company Account.
• Responsibility: the Master Account Holder is responsible for its Users' compliance with these Terms and for making sure it has the right to collect, store, and share Client information entered into the Service.
• Processing: Point Data stores and processes Customer Data to provide the Service, as described in our Privacy Policy.

4. License to use the app

Subject to these Terms and payment of applicable fees, Point Data grants you a limited, non-exclusive, non-transferable, revocable license to download and use the FoundationDraw™ app on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, and to use the Service for your company's internal business purposes.

You may not:

• copy, modify, or create derivative works of the app or Service, except as allowed by law;
• reverse engineer, decompile, or try to extract the source code, except where the law expressly permits it;
• rent, lease, sell, sublicense, or share Licenses or sign-in credentials among multiple people;
• remove or alter any trademark, copyright, or other proprietary notices; or
• use the Service to build a competing product.

5. Subscriptions, billing, and cancellation

• Billed by Point Data, not Apple: the FoundationDraw™ app is a free download. Use of the Service requires a paid subscription for each User (a License). Subscriptions are sold and billed directly by Point Data through our payment processor, Stripe, outside the App Store. Apple does not process these payments and is not responsible for them.
• Plans: we currently offer per-License plans billed monthly or billed annually (at a discounted monthly rate). Custom pricing may be available by written agreement. Fees are the current pricing shown at checkout or agreed in writing. Prices do not include applicable taxes, which you are responsible for. There is no free trial unless we offer one in writing.
• Automatic renewal: subscriptions renew automatically at the end of each billing period (monthly or annual) until cancelled. By subscribing, you authorize us, through Stripe, to charge your payment method for each renewal and for any Licenses you add.
• Adding Licenses: Licenses added during a billing period may be charged on a prorated basis.
• Cancellation:
• Monthly plans can be cancelled at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• Annual plans can be set not to renew. Access continues until the end of the paid annual term.
• Administrators can cancel through the Billing area in the app, through the Stripe customer portal, or by contacting us.
• Refunds: fees already paid are non-refundable, including for partial billing periods and unused annual terms, except where required by law or agreed in writing.
• Price changes: we may change pricing for future billing periods. We will give the Master Account Holder reasonable advance notice. Changes take effect at the next renewal.
• Non-payment: if payment fails, we may suspend access to the Service until the balance is paid.
• Payment information: payment details are handled by Stripe. Point Data never stores full card numbers.

6. Customer Data and your content

• You keep all rights to your Customer Data. You grant Point Data a limited, worldwide, non-exclusive license to host, store, copy, process, transmit, and display Customer Data only as needed to provide, secure, and support the Service for you. We do not sell Customer Data.
• The company also grants Point Data the right to keep property locations, elevation readings, and pier install details from Projects, separated from company, client and user information, and to use them for research as described in our Privacy Policy, including after the related Project or account is deleted. Point Data never discloses, sells, or publishes company, client, or user information from this research data.
• You represent that you have all rights and permissions needed to submit Customer Data, including photos of property and Client information, and that doing so does not violate any law or third-party rights.
• You are responsible for keeping your own copies of important Projects and exports. We take reasonable steps to protect Customer Data, but we are not responsible for loss of data you choose to delete.
• PDF storage: Generated PDFs (customer PDFs and crew packets) are kept on FoundationDraw™ servers for 30 days, then deleted. You can make them again anytime from the Project. To keep permanent copies, connect your company's Dropbox, Google Drive or OneDrive. Deleting a PDF from FoundationDraw™ servers never deletes the copy in your company's cloud storage, and it does not delete the Project itself (drawings, readings, photos, and other Project files stay with the Project).
• Feedback: if you send us ideas or suggestions about the Service, we may use them without any obligation to you.

7. Connected cloud storage and storage fees

• Connecting cloud storage: a company admin may connect a Dropbox, Google Drive or Microsoft OneDrive account ("Connected Storage"). Before connecting, the admin must accept these rules for the company. We record who accepted, when, and which version. If these rules change, an admin must accept the new version before copying continues.
• One-way copy: FoundationDraw™ copies Project files to Connected Storage. Changes made in Connected Storage are not copied back. FoundationDraw™ keeps the company's Project data on its own servers.
• Smaller photos: when a Project has not changed for 30 days, and FoundationDraw™ has confirmed that a photo's full-size original was copied to Connected Storage, FoundationDraw™ may keep only a smaller copy of that photo (about 1600 pixels on the long side). Viewing a Project does not count as a change. When the full size is needed, FoundationDraw™ requests it from Connected Storage. Photos are not reduced for companies without Connected Storage, or for photos whose copy we have not confirmed.
• Your responsibility for originals: if the company deletes, moves or renames those files in Connected Storage, revokes access, lets the account lapse, or disconnects, the full-size originals may no longer be available from FoundationDraw™ and may be unrecoverable. FoundationDraw™ will keep showing the smaller copy. FoundationDraw™ is not responsible for files in Connected Storage, which are governed by that provider's terms.
• Generated PDFs: customer PDFs and crew packets are deleted from FoundationDraw™ servers 30 days after they are created. They can be created again from the Project at any time. Copies already in Connected Storage are not affected.
• Disconnecting: disconnecting never deletes files in Connected Storage.
• Storage fee: each company gets 10 GB of storage on FoundationDraw™ servers at no charge, whether or not it connects cloud storage. Storage above 10 GB is billed at $0.0225 (2.25¢) per GB per month, based on the company's average daily storage for the calendar quarter, and charged once per quarter through Stripe to the company's payment method on file. If a quarter's storage charge is less than $1.00, it is not charged. Example: 400 GB used for a full quarter = 390 GB × $0.0225 × 3 = $26.33. We may change this price with at least 30 days' notice.

9. Acceptable use

You agree not to:

• use the Service for any unlawful, fraudulent, or misleading purpose, including creating false or misleading Projects for customers;
• upload content you do not have the right to use, or content that is unlawful, harmful, or infringes the rights of others;
• access or try to access accounts, data, or systems you are not authorized to access, or try to bypass security or License limits;
• interfere with or disrupt the Service, or upload viruses or malicious code;
• scrape, crawl, or use automated means to access the Service except through features we provide; or
• use the Service in violation of any applicable law, including privacy and consumer protection laws.

10. Intellectual property

The Service, including the app, software, design, symbol library content supplied by Point Data, documentation, and all related intellectual property, is owned by Point Data or its licensors and is protected by law. Except for the limited license in these Terms, no rights are granted to you. FoundationDraw™ and Benchmark® are trademarks of Point Data Inc. You may not use our trademarks without our prior written permission, except to accurately identify our products.

11. Third-party services

The Service works with third-party services such as Apple and Google sign-in, Stripe, Cloudflare, and CRM or file destinations you choose. Your use of those services is governed by their own terms and policies. Point Data is not responsible for third-party services. You must also comply with any applicable third-party terms, such as your wireless data plan, when using the app.

12. Termination and account deletion

• By you: you may stop using the Service at any time. You can delete your User account in the app (Settings, then delete account) or by emailing [email protected]. Account deletion is described in our Privacy Policy. Deleting an account does not by itself cancel a company's subscription. Administrators should cancel billing as described in Section 5.
• By us: we may suspend or terminate access to the Service if you materially breach these Terms, fail to pay fees, use the Service in a way that creates risk or legal exposure for Point Data or others, or if required by law. Where reasonable, we will give notice and a chance to fix the problem first.
• Effect: when access ends, your license to use the app ends. Company Projects remain with the Company Account while it is active. After a Company Account is closed, Customer Data is deleted as described in our Privacy Policy. Sections that by their nature should survive termination (including fees owed, Sections 6–7 and 9, and Sections 12–16) will survive.

13. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. POINT DATA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT MEASUREMENTS OR OTHER OUTPUT WILL BE ACCURATE OR COMPLETE.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, POINT DATA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES. THIS INCLUDES DAMAGES ARISING FROM RELIANCE ON MEASUREMENTS, DRAWINGS, ELEVATION DATA, OR OTHER OUTPUT OF THE SERVICE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

POINT DATA'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT YOU OR YOUR COMPANY PAID TO POINT DATA FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain warranty disclaimers or liability limits, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify and hold harmless Point Data and its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: your use of the Service; your Customer Data; work or representations you make to your customers based on the Service; or your violation of these Terms or of any law or third-party rights.

16. Governing law and disputes

These Terms are governed by the laws of the Commonwealth of Kentucky, United States, without regard to its conflict-of-laws rules. Any dispute arising from these Terms or the Service will be resolved by binding arbitration on an individual basis in Garrard County, Kentucky, or by video conference, except that either party may bring an individual claim in small-claims court or seek injunctive relief in court to protect intellectual property. You and Point Data waive any right to a jury trial or to take part in a class action. If arbitration is not available or enforceable, disputes will be resolved exclusively in the state or federal courts located in Kentucky, and both parties consent to that jurisdiction.

17. Apple App Store terms

If you downloaded the FoundationDraw™ app from the Apple App Store, the following also apply:

• Acknowledgement: these Terms are between you and Point Data only, not Apple Inc. ("Apple"). Point Data, not Apple, is solely responsible for the app and its content.
• Scope of license: your license to use the app is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. The app may also be accessed by other accounts associated with you through Family Sharing or volume purchasing, where applicable.
• Maintenance and support: Point Data is solely responsible for providing maintenance and support for the app. Apple has no obligation to provide any maintenance or support.
• Warranty: Point Data is solely responsible for any product warranties not effectively disclaimed. If the app fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any, to you. Because the app is a free download, this amount is zero. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. Any other claims, losses, liabilities, damages, costs, or expenses resulting from a failure to conform to a warranty are Point Data's responsibility, to the extent not disclaimed.
• Product claims: Point Data, not Apple, is responsible for addressing any claims by you or a third party relating to the app or your use of it. This includes (i) product liability claims; (ii) claims that the app fails to meet any legal or regulatory requirement; and (iii) claims under consumer protection, privacy, or similar laws.
• Intellectual property: if a third party claims that the app or your use of it infringes their intellectual property rights, Point Data, not Apple, is solely responsible for investigating, defending, settling, and discharging that claim.
• Legal compliance: you represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact: questions, complaints, or claims about the app should be directed to Point Data Inc. at the address and email below.
• Third-party terms: you must comply with applicable third-party terms of agreement when using the app.
• Third-party beneficiary: Apple and its subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

18. Changes to the Service and these Terms

We may update the Service over time, including adding, changing, or removing features. We may also update these Terms. When we do, we will post the updated Terms and change the effective date. For material changes, we will give notice in the app or by email before they take effect. If you continue using the Service after the changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Service and may cancel your subscription.

19. General

• Entire agreement: these Terms, the Privacy Policy, and any written order or pricing agreement with Point Data are the entire agreement about the Service. If a signed written agreement with your company conflicts with these Terms, the signed agreement controls.
• Severability: if any part of these Terms is found unenforceable, the rest remains in effect.
• No waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
• Electronic communications: you agree that we may communicate with you electronically, and that electronic notices meet any legal requirement for written notice.

20. Contact us

Point Data Inc.
724 Chenault Bridge Rd.
Lancaster, KY 40444
United States

Email: [email protected]

---

FoundationDraw™ and Benchmark® are trademarks of Point Data Inc.