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Effective Date: April 1st, 2026
This End User License Agreement ("Agreement" or "EULA") is entered into between: Ubi-Es Technologies, Inc. d/b/a Positio.Ai ("Positio.Ai", "Company", "we", "our", or "us") and
the individual or entity accessing or using: PositioGO®, Positio Experience Platform ("PXP"), Positio Mobile SDK, Positio APIs and Related software, dashboards, portals, mobile applications, and services (collectively, the "Software"). By downloading, installing, accessing, or using the Software, you agree to be bound by this Agreement.
1. LICENSE GRANT
Subject to compliance with this Agreement, Positio.Ai grants you a limited: Non-exclusive, Non-transferable, Non-sublicensable and Revocable license to access and use the Software solely for your organization's internal business purposes. No ownership rights are conveyed under this Agreement.
2. OWNERSHIP
The Software is licensed, not sold. All right, title, and interest in and to the Software remain the exclusive property of Positio.Ai and its licensors. This includes source code, object code, SDKs, APIs, documentation, workflows, device configuration logic, campaign orchestration engines, analytics engines, trademarks, patents, patent applications and trade secrets.
3. AUTHORIZED USERS
Access is limited to employees, authorized contractors, authorized partners, approved administrators and approved operators. Users must be assigned credentials by an authorized administrator. Each user account is personal and may not be shared.
4. PXP LICENSE RIGHTS
PXP is licensed solely for authorized business operations. PXP functionality may include user management, campaign management, sensor management, zone management, device registration, notification orchestration, analytics, reporting, workflow automation, API management and retail media management. Use of PXP outside authorized business operations is prohibited.
5. POSITIOGO LICENSE RIGHTS
PositioGO may be used solely for deployment and operational activities including sensor installation, sensor registration, device activation, site surveys, environment images, retail shelf and product images, maintenance activities, testing procedures and operational support functions. Use of PositioGO for unauthorized activities is prohibited.
6. RESTRICTIONS
You shall not copy the Software except as permitted by law, modify the sSftware, reverse engineer the Software, decompile the Software, disassemble the Software, lease the Software, rent the Software, resell the Software, offer the Software as a service bureau, create competing products using the Software, circumvent security controls and remove copyright notices
7. LOCATION TECHNOLOGY DISCLOSURE
Certain Positio products utilize 0Bluetooth Low Energy technology, sensor networks, beacon technology, geolocation services, proximity detection services and mobile devices services.
Functionality may depend on location permissions, bluetooth permissions, mobile operating system settings and network connectivity. Disabling required permissions may limit product functionality.
8. CUSTOMER DATA
Customer retains ownership of Customer Data. Customer grants Positio.Ai a limited license to host data, to access raw and processed data, analyze operational events, deliver contracted services and maintain platform operations. Customer is responsible for obtaining all required consents and permissions for data submitted to the platform.
9. SECURITY
Users must maintain credential confidentiality, use strong passwords, report suspected compromises and follow organizational security policies. Positio.Ai may suspend access to protect platform security.
10. SOFTWARE UPDATES
Positio.Ai may provide Bug fixes, security updates, feature enhancements and platform upgrades
Updates may be automatically deployed where supported. Continued use constitutes acceptance of such updates.
11. AUDIT LOGGING
PXP and PositioGO may record logins, logouts. device registrations, configuration changes, campaign changes, administrative actions, API activity, export activity and failed access attempts.
Such records may be used for security, compliance, operational auditing and troubleshooting
Consistent with PXP's architecture, audit logging supports authentication, authorization, and accounting controls. [
12. THIRD-PARTY SERVICES
The Software may integrate with Family of Microsoft Azure products, Microsoft Entra ID, Dynamics 365, Power BI, Retail loyalty systems, Mobile applications, Messaging providers and analytics providers. Positio.Ai is not responsible for third-party systems or services.
13. FEEDBACK
Any feedback, suggestions, enhancements, recommendations, or ideas provided to Positio.Ai may be used by Positio.Ai without restriction or compensation.
14. CONFIDENTIALITY
Users shall protect all non-public information relating to product designs, roadmaps, technical architecture, APIs, SDKs, algorithms, security controls and business operations. Confidential information may not be disclosed without authorization.
15. EXPORT COMPLIANCE
Users shall comply with all applicable export regulations, trade restrictions and economic sanctions laws. The Software may not be used in prohibited jurisdictions.
16. DISCLAIMERS
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSITIO.AI DISCLAIMS ALL WARRANTIES INCLUDING; MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AVAILABILITY; ACCURACY and CONTINUOUS OPERATION
17. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW POSITIO.AI SHALL NOT BE LIABLE FOR INDIRECT DAMAGES; INCIDENTAL DAMAGES; SPECIAL DAMAGES; CONSEQUENTIAL DAMAGES; LOST PROFITS; LOST REVENUE; LOST BUSINESS OPPORTUNITIES; DATA LOSS. IN NO EVENT SHALL POSITIO.AI'S TOTAL LIABILITY EXCEED THE FEES PAID FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
18. TERMINATION
This Agreement automatically terminates if you violate the Agreement, your subscription terminates, access rights are revoked and required fees are unpaid. Upon termination all licenses cease immediately, access rights terminate, certain data retention obligations may continue under applicable agreements.
19. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Texas. Exclusive jurisdiction and venue shall lie in: Tarrant County, Texas, USA or the applicable federal courts located therein.
20. ENTIRE AGREEMENT
This Agreement, together with the Privacy Statement, Terms of Use, Order Form, Subscription Agreement, and applicable service schedules, constitutes the complete agreement between the parties regarding the Software.
21. CONTACT INFORMATION
Ubi-Es Technologies, Inc. d/b/a Positio.Ai
Southlake, Texas, USA
Email: legal@positio.ai
Website: Positio.Ai
Copyright © 2026 Ubi-es Technologies Inc. - All Rights Reserved.
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