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The Services are owned and operated by: Ubi-Es Technologies, Inc. d/b/a Positio.Ai("Positio.Ai", "Company", "we", "our", or "us"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.
Effective Date: August 1st, 2026 These Terms of Use ("Terms") govern access to and use of: the Positio.Ai website, Positio Experience Platform (PXP), PositioGO applications, Positio mobile SDKs, APIs, Dashboards, Analytics services and Related software, content, and services (collectively, the "Services").
1. ELIGIBILITY
If you are using the Services on behalf of a company or organization, you represent that you are authorized to bind that entity.
2. SERVICE DESCRIPTION
Positio.Ai provides software and services including but not limited to: Hyper-location platforms; retail engagement systems; Mobile SDK technology, sensor and beacon management, digital shelf intelligence, campaign and coupon orchestration, consumer notification services, retail media systems, analytics and attribution reporting, APIs and integrations, and deployment and management tools. The Services may change, be enhanced, suspended, or discontinued at any time.
3. ACCOUNT REGISTRATION
Certain Services require a registered account. Users agree to: Provide accurate information, maintain current account information, protect login credentials, and notify Positio.Ai of unauthorized use. Users are responsible for all activity occurring under their accounts.
4. ACCEPTABLE USE
You agree NOT to engage with illegal activities, violate applicable laws, engage in fraud, and misrepresent your identity. Security Violations such as attempt unauthorized access, circumvent authentication mechanisms, test system vulnerabilities without authorization, and interfere with service operations. System Abuse not to upload malware, distribute viruses, launch denial-of-service attacks, and interfere with other users. Improper commercial activity such as resell services without authorization, use services to compete directly with Positio.Ai, and reverse engineer proprietary technologies except where prohibited by law.
5. CUSTOMER DATA
Customer retains ownership of all data submitted to the Services. Customer grants Positio.Ai a limited right to: Raw and processed data, host data, analyze operational data, provide contracted services, maintain system security and performance.
Positio.Ai does not sell customer-owned business data unless explicitly authorized by written agreement.
6. LOCATION DATA AND RETAIL ENGAGEMENT TECHNOLOGIES
Certain Services may utilize: BLE signals, sensors, beacons, mobile device location services, mobile device internal telemetry services, proximity detection and retail engagement technologies. Collection and use of such information is governed by the applicable: Privacy Policy, Customer agreements and Mobile application permissions. End users may disable applicable permissions through device settings where available.
7. INTELLECTUAL PROPERTY
All intellectual property rights in the Services remain the exclusive property of Positio.Ai and its licensors. This includes: software, APIs, SDKs, algorithms, analytics models, trademarks, logos, documentation, designs, patents, patent applications and trade secrets. No ownership rights are transferred through use of the Services.
8. LICENSE GRANT
Subject to compliance with these Terms, Positio.Ai grants users a limited, non-exclusive, non-transferable, revocable right to access and use the Services. Except as expressly permitted, users may not: Copy, modify, distribute, publish, create derivative works from and reverse engineer any portion of the Services.
9. APIs AND SDKS
Authorized customers may receive access to: APIs, SDKs, and Integration tools. Users may use these materials solely for approved implementations. Users shall not use them to share credentials, exceed published API limits, benchmark for competitive purposes and modify proprietary SDK code except as expressly authorized.
10. THIRD-PARTY SERVICES
The Services may integrate with third-party platforms including: Family of Microsoft Azure products, Dynamics 365, Power BI, Retailer applications, loyalty platforms, advertising platforms and Payment providers. Positio.Ai is not responsible for third-party systems beyond our control.
11. CONFIDENTIAL INFORMATION
Users may obtain access to confidential information during use of the Services. Confidential information includes: System architecture, product roadmaps, technical specifications, business plans, non-public pricing, source code and security information. Users agree not to disclose confidential information without authorization.
12. AI AND ANALYTICS SERVICES
Certain Services may generate: Insights, recommendations, reports, predictions and analytics outputs. Such outputs are provided for informational and operational purposes. Customers remain responsible for their own business decisions. Positio.Ai does not guarantee specific commercial results, sales performance, campaign outcomes, or consumer behavior.
13. SERVICE AVAILABILITY
Positio.Ai will use commercially reasonable efforts to maintain availability. However, Services may be interrupted due to: Maintenance, upgrades, third-party outages, internet disruptions, security incidents and force majeure events. No uninterrupted or error-free operation is guaranteed.
14. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED: "AS IS" AND "AS AVAILABLE."
POSITIO.AI DISCLAIMS ALL WARRANTIES INCLUDING: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; ACCURACY OF RESULTS; UNINTERRUPTED OPERATION.
15. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW: POSITIO.AI SHALL NOT BE LIABLE FOR: INDIRECT DAMAGES;
16. INDEMNIFICATION
Users agree to defend, indemnify, and hold harmless Positio.Ai from claims arising out of: Violation of these Terms, misuse of the Services, violation of applicable laws and unauthorized use of third-party content.
17. SUSPENSION AND TERMINATION
Positio.Ai may suspend or terminate access if: These Terms are violated, security threats are detected, fees remain unpaid, and required by law. Termination does not relieve outstanding obligations.
18. EXPORT COMPLIANCE
Users agree to comply with all applicable: Export control laws, economic sanctions laws, and trade restrictions. Users may not access the Services from prohibited jurisdictions.
19. GOVERNING LAW
These Terms shall be governed by the laws of the State of Texas, without regard to conflict-of-law principles. Exclusive venue shall be located in: Tarrant County, Texas, USAor the applicable federal courts having jurisdiction therein.
20. CHANGES TO THESE TERMS
Positio.Ai may modify these Terms at any time. Updated versions will be posted on the website. Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
21. CONTACT INFORMATION
Ubi-Es Technologies, Inc. d/b/a Positio.Ai
Southlake, Texas, USA
Email: legal@positio.ai
Website: https://www.positio.ai
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