Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and AKULAR Inc. (“AKULAR,” “we,” “us,” or “our”), governing your access to and use of the AKULAR website at akular.com (the “Site”), the AKULAR platform, and all related products and services (collectively, the “Services”).

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Services

AKULAR provides augmented reality (AR), virtual reality (VR), digital twin, and 3D visualization solutions for construction, real estate, architecture, data center, and defense professionals. Our Services include, but are not limited to:

• The AKULAR web platform for managing 3D models, digital twins, and IoT sensor data
• AKULAR AR Construction for on-site augmented reality inspections
• AKULAR TWIN for building operations and digital twin management
• AR/VR visualization services for design, marketing, and training
• Bespoke 3D and immersive experience development
• The AKULAR website and any associated content

3. User Accounts

Certain features of the Services require you to create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with reasonable notice where practicable.

4. Acceptable Use

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Attempt to gain unauthorized access to any part of the Services, other accounts, or computer systems or networks connected to the Services
• Interfere with or disrupt the integrity or performance of the Services
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services
• Use automated means (bots, scrapers, crawlers) to access the Services without our prior written consent
• Transmit any malware, viruses, or other malicious code
• Use the Services to compete with AKULAR or for benchmarking purposes without our written consent

5. Intellectual Property

5.1 AKULAR's Intellectual Property

The Services, including all software, algorithms, designs, text, graphics, logos, trademarks, 3D rendering technology, and other content provided by AKULAR, are owned by or licensed to AKULAR and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license to use the Services as described herein.

5.2 Your Content

You retain ownership of all content you upload to the Services, including 3D models, BIM files, images, sensor data, and other materials (“User Content”). By uploading User Content, you grant AKULAR a limited, non-exclusive license to host, store, process, and display your content solely for the purpose of providing the Services to you.

You represent and warrant that you have all necessary rights to upload and share any User Content and that your content does not infringe any third-party rights.

6. Confidentiality

AKULAR understands the sensitive nature of client projects, particularly in defense, data center, and critical infrastructure sectors. We maintain strict confidentiality protocols for all client data and project information. Specific confidentiality terms may be governed by separate Non-Disclosure Agreements (NDAs) executed between AKULAR and its clients.

7. Fees and Payment

Certain Services may be subject to fees as described in a separate order form, subscription agreement, or statement of work. Unless otherwise stated:

• All fees are quoted in U.S. dollars and are non-refundable except as required by law
• Fees are due as specified in the applicable agreement or invoice
• We may modify fees upon reasonable notice; continued use of the Services after such notice constitutes acceptance
• Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower

8. Third-Party Integrations

The Services may integrate with or contain links to third-party services, including but not limited to Autodesk, Bentley Systems, Procore, Verkada, Magic Leap, and cloud infrastructure providers. Your use of any third-party service is subject to that party's own terms and privacy policies. AKULAR is not responsible for the practices or content of third-party services.

9. Warranties and Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

AKULAR does not warrant that the Services will be uninterrupted, error-free, or completely secure. We do not warrant the accuracy, completeness, or reliability of any content obtained through the Services, including 3D model data, sensor readings, or AR/VR visualizations.

You acknowledge that AR and VR experiences are approximations and should not be used as the sole basis for safety-critical decisions without independent verification.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AKULAR, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

AKULAR'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO AKULAR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless AKULAR and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your User Content.

12. Termination

Either party may terminate these Terms at any time. We may suspend or terminate your access to the Services immediately, without prior notice, if we reasonably believe you have violated these Terms or if required by law.

Upon termination, your right to use the Services will cease immediately. We will make commercially reasonable efforts to allow you to export your User Content for a period of thirty (30) days following termination, unless prohibited by law. Sections that by their nature should survive termination (including Sections 5, 9, 10, 11, and 14) will survive.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page with a revised effective date. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must stop using the Services.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it shall be submitted to binding arbitration in Arlington, Virginia, administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator's decision shall be final and binding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

15. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable order forms or NDAs, constitute the entire agreement between you and AKULAR.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
• Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force Majeure: AKULAR shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or internet or infrastructure failures.

16. Contact Us

If you have any questions about these Terms, please contact us: