YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 22 TO RESOLVE ANY DISPUTES WITH SCANBRIX (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).

1. Introduction

These Terms of Service (the “Terms”) constitute a binding legal agreement (the “Agreement”) between you and Scanbrix Technologies, Inc. (“Scanbrix,” “we,” “our,” or “us”). These Terms govern your access to and use of the Service (defined below). By accessing or using the Service, registering for an account, or submitting any Content (defined below), you acknowledge and agree to be legally bound by these Terms, without modification, and represent and warrant that you have the full authority and capacity to enter into this Agreement. If you do not agree to all provisions of these Terms, you must not use the Service. These Terms apply globally to all users regardless of jurisdiction, and you are responsible for ensuring compliance with all applicable laws and regulations in your location.

2. Definitions

For purposes of this Agreement:

• “Content” means all data, information, and materials you submit, upload, or transmit through the Service, including but not limited to photographs, scans, point clouds, LiDAR data, CAD/BIM models, text, graphics, audio, video, dimensions, floor plans, documents, comments, and similar outputs.

• “Media” means any method or medium of storing, transmitting, or displaying information, whether known now or developed in the future.

• “Applications” means any software products or platforms owned by Scanbrix, including the Scanbrix iOS application, web platform, SDKs, APIs, plug-ins, and related tools.

• “Service” means the Applications and all associated hosting, processing, drafting, customer support, analysis, training, and related services provided by Scanbrix.

• “Derived Materials” means any processed outputs Scanbrix or its partners generate from Content, including but not limited to cleaned scans, CAD drawings, measured floor plans, detailed sections, elevations, and BIM/Revit models.

3. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Service. Individuals under 18 but over 13 may only use the Service with the explicit consent and direct supervision of a parent or guardian, who accepts full responsibility for their conduct and for compliance with these Terms. Use of the Service by individuals under the age of 13 is strictly prohibited.

4. Registration and Account Security

When registering for an account, you agree to: (a) provide true, accurate, current, and complete information; (b) maintain and promptly update such information to remain accurate; and (c) maintain the security and confidentiality of your login credentials. You are solely responsible for all activities under your account. Accounts found to contain false, misleading, or incomplete information may be suspended or terminated without notice. You agree to notify Scanbrix immediately of any unauthorized use of your account or any other breach of security.

5. Content Ownership and Responsibility

You retain all ownership rights in your Content. You represent and warrant that you have full rights, licenses, and permissions to submit such Content. You are solely responsible for your Content and for ensuring that it does not violate applicable laws, infringe upon third-party rights, or contain harmful, defamatory, obscene, or otherwise objectionable material. Content may be subject to removal at any time in Scanbrix’s sole discretion.

6. License Grant to Scanbrix

By submitting Content, you grant Scanbrix a worldwide, perpetual, royalty-free, sublicensable license to host, store, reproduce, process, adapt, display, distribute, and analyze such Content solely as necessary to operate, improve, and secure the Service. This includes the right to generate Derived Materials, train algorithms, and use de-identified or aggregated data for benchmarking, analytics, security enhancement, and product improvement. You acknowledge that this license survives termination of your account to the extent necessary for Scanbrix to fulfill its legal obligations.

7. Derived Materials

Derived Materials provided by Scanbrix are for informational use only and are delivered “as-is.” While we strive for accuracy, Derived Materials may contain inaccuracies or omissions. You are solely responsible for verifying suitability before relying on them for professional, safety, or construction purposes. Any reliance on Derived Materials without independent validation is entirely at your own risk, and Scanbrix shall bear no responsibility for errors or consequences arising therefrom.

8. Right of Refusal and Refunds

We reserve the right, in our sole discretion, to reject or refuse to process Content. If you have purchased a conversion and we are unable to deliver Derived Materials, we will refund the applicable fee. Except as expressly stated, all payments are final and non-refundable. We may also decline to refund charges in cases where misuse, policy violations, or suspicious activity are detected.

9. Privacy and Data Processing

Your use of the Service is subject to the Scanbrix Privacy Policy, available at https://scanbrix.com/legal/privacy. By using the Service, you consent to our collection, use, processing, storage, transfer, and disclosure of information as set forth in the Privacy Policy. This includes consent to data storage on servers located in the United States and the use of third-party processors.

10. Use of Third Parties

You acknowledge and agree that we may employ third-party vendors, contractors, or processors for payment processing, data conversion, or other tasks integral to the Service. We are not responsible for the acts or omissions of such third parties but will use commercially reasonable efforts to ensure they comply with industry standards.

11. Acceptable Use Policy

You agree not to:

• Upload Content that is unlawful, defamatory, obscene, harassing, fraudulent, or otherwise objectionable.

• Upload malware, viruses, or code intended to disrupt or damage systems.

• Attempt to gain unauthorized access to the Service or its related systems.

• Circumvent security features or exploit vulnerabilities.

• Misrepresent your affiliation with any entity or impersonate another individual.

• Use the Service for spamming, unsolicited marketing, pyramid schemes, or fraudulent activities.

• Interfere with or disrupt servers, networks, or other infrastructure connected to the Service.

12. Enforcement of Community Standards

We reserve the right to monitor activity, remove Content, suspend accounts, or terminate access at our discretion if Content or conduct violates these Terms, community standards, or applicable law. Enforcement actions may occur without prior notice.

13. Accuracy of Data

Scanbrix does not verify or certify the accuracy of measurements, models, or field conditions. All Content and Derived Materials are provided for convenience and must be independently validated by qualified professionals. Scanbrix shall not be liable for reliance on unverified data.

14. Indemnification

You agree to indemnify, defend, and hold harmless Scanbrix, its affiliates, officers, employees, contractors, licensors, and service providers from all claims, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of: (a) your Content; (b) your use of the Service or Derived Materials; (c) your breach of these Terms; or (d) your violation of applicable law or third-party rights.

15. Fees and Payment Obligations

You agree to pay all fees associated with your use of the Service. You authorize us to charge your designated payment method for such fees and acknowledge that you remain liable for uncollected amounts. Failure to maintain valid payment information may result in suspension or termination of your account.

16. Billing Practices

We may pre-authorize charges on your payment method in anticipation of fees. Subscription billing cycles and renewal terms are as described in your account settings. Invoices may include taxes, transaction fees, and surcharges as required by law.

17. Subscription Terms

Subscriptions renew automatically unless canceled prior to renewal. Pricing may change with advance notice. Failure to cancel constitutes acceptance of the new terms. We may suspend or terminate subscriptions for non-payment or misuse.

18. Refund Policy

Except as required by law, all payments are non-refundable. No refunds are issued for unused subscription periods or partial service usage. Requests for refunds must be submitted in writing within five (5) days of charge.

19. Intellectual Property of Scanbrix

All intellectual property rights in and to the Service, including trademarks, trade names, trade dress, copyrights, patents, and proprietary software, are and shall remain the exclusive property of Scanbrix. You may not use our intellectual property without prior written consent.

20. Copyright Compliance

We respect intellectual property rights and comply with the DMCA. Alleged infringements should be reported to legal@scanbrix.com with the details required by 17 U.S.C. §512. Misuse of the DMCA reporting process may result in liability.

21. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SCANBRIX EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

22. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCANBRIX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. OUR TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) $100. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, AND SOME PROVISIONS MAY NOT APPLY TO YOU.

23. Informal Dispute Resolution

Before initiating arbitration or litigation, you must email disputes@scanbrix.com with a detailed written summary of the dispute. We will attempt to resolve the dispute in good faith within thirty (30) days. Failure to cooperate in good faith may affect remedies available in arbitration.

24. Arbitration and Class Action Waiver

All disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Denver, Colorado, and governed by the U.S. Federal Arbitration Act. CLASS OR COLLECTIVE ACTIONS ARE STRICTLY PROHIBITED. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. YOU HEREBY WAIVE ANY RIGHT TO A JURY TRIAL OR TO SERVE AS A REPRESENTATIVE IN ANY CLASS PROCEEDING.

25. Governing Law and Miscellaneous Provisions

This Agreement shall be governed by the laws of the State of Colorado, without regard to conflict-of-law principles. These Terms represent the complete agreement between you and Scanbrix and supersede all prior agreements. If any provision is unenforceable, the remaining provisions remain in force. You may not assign these Terms without our prior consent; we may assign them in connection with mergers or acquisitions. Headings are for reference only and have no substantive effect.

Contact Information
Scanbrix Technologies, Inc.
2590 Welton Street, Suite 200 #1199
Denver, CO 80205, USA
Email: legal@scanbrix.com | Billing: accounts@scanbrix.com | Support: support@scanbrix.com

Last Modified: September 15, 2025