ORPHEIX TERMS OF USE

These Terms of Use govern your access to and use of Orpheix, including its mobile, web, desktop, point-cloud, spatial-capture, measurement, viewing, storage, and sharing features.

Please read these Terms carefully. By downloading, accessing, purchasing, or using Orpheix, you agree to these Terms. If you do not agree, do not use Orpheix.

1. Agreement and Eligibility

These Terms form a legally binding agreement between you and Zenith Point Innovations LLC, referred to in these Terms as “Zenith,” “we,” “us,” or “our.”

“Orpheix” or the “Service” includes the Orpheix application, associated websites, software, services, features, and tools provided by Zenith Point Innovations LLC.

You must be legally capable of entering into this agreement. If you use Orpheix on behalf of a company, government agency, school, or other organization, you represent that you have authority to accept these Terms on behalf of that organization.

2. License and Apple Terms

Subject to these Terms, Zenith grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use Orpheix for its intended purposes.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, or attempt to extract the source code of Orpheix, except where applicable law expressly permits such activity.

For versions of Orpheix downloaded through Apple’s App Store, Apple’s Standard Licensed Application End User License Agreement also applies.

Apple is not responsible for operating, maintaining, supporting, or providing warranties for Orpheix. Apple and its subsidiaries are third-party beneficiaries of the applicable license terms and may enforce those terms.

3. The Orpheix Service

Orpheix provides tools that may allow users to capture, import, process, view, measure, store, organize, export, and share point-cloud and spatial information.

Features may differ depending on your device, platform, subscription level, location, hardware capability, operating system, or app version.

Certain features may require compatible Apple hardware, LiDAR sensors, camera access, device permissions, internet access, cloud services, or other supported software and equipment.

Zenith does not guarantee that every feature will be available on every device or platform.

4. Accounts and Security

You are responsible for providing accurate account information and keeping your login credentials secure.

You are responsible for all activity conducted through your account.

You must notify Zenith promptly if you believe your account, files, or data have been accessed without authorization.

You may not share your account in a way that exceeds the subscription, organization, device, or user permissions associated with your account.

5. Subscriptions, Billing, Cancellation, and Refunds

Some Orpheix features require a paid auto-renewable subscription.

Current subscription options may include:

Monthly Subscription: $19.99 per month

Annual Subscription: $199.99 per year

The final price and currency shown in the App Store at the time of purchase will control. Prices may vary based on country, region, taxes, exchange rates, or future pricing changes.

Payment will be charged to your Apple Account when you confirm the purchase.

Your subscription automatically renews for the same subscription period unless auto-renewal is turned off before the renewal date.

Apple may charge your account during the 24-hour period before the end of your current subscription period.

You can manage or cancel your subscription through your Apple Account subscription settings.

Deleting the Orpheix app does not automatically cancel your subscription.

Cancellation normally takes effect at the end of your current paid billing period. You will generally continue to have access to paid features until that billing period ends.

Purchases and refund requests processed through Apple are subject to Apple’s billing and refund policies. Zenith cannot directly issue refunds for purchases processed solely by Apple.

Where supported, purchases made through one platform may be recognized on other Orpheix platforms through your Orpheix account. You are responsible for signing in with the same supported account and completing any required purchase restoration or verification process.

6. Your Content and Spatial Data

You retain ownership of files, photographs, images, point clouds, scans, measurements, models, project information, and other content that you create, import, upload, or process through Orpheix. This content is referred to as “User Content.”

You grant Zenith a limited, worldwide, non-exclusive license to host, copy, process, transmit, display, convert, and otherwise use your User Content only as reasonably necessary to operate, secure, maintain, support, improve, and provide Orpheix.

You represent that you have all rights, permissions, and lawful authority required to capture, upload, process, store, and share your User Content.

You are responsible for obtaining any required permission from property owners, clients, employees, visitors, contractors, government agencies, or other affected individuals or organizations.

You are responsible for maintaining independent backup copies of important files and project information.

You should not use Orpheix as the only storage location for irreplaceable records, files, measurements, or project data.

7. Acceptable Use

You may not use Orpheix to:

• Violate any law, regulation, contract, privacy right, or property right.

• Capture restricted, private, confidential, classified, or controlled locations without authorization.

• Upload malware, malicious code, or harmful files.

• Interfere with the security, performance, or operation of Orpheix.

• Bypass access controls, subscription restrictions, or security systems.

• Copy, resell, distribute, or commercially exploit Orpheix without written permission.

• Infringe intellectual-property rights or misuse confidential information.

• Impersonate another individual or organization.

• Misrepresent your identity, affiliation, qualifications, or authority.

• Use automated systems to scrape, overload, probe, or extract data from Orpheix without permission.

• Use Orpheix for unlawful surveillance.

• Use Orpheix in a way that could cause physical injury, property damage, or unsafe reliance.

8. Measurement and Professional-Use Disclaimer

Orpheix measurements, captures, models, visualizations, and point-cloud information are provided as informational tools.

Results may contain errors, drift, distortion, missing information, scale differences, environmental interference, device limitations, processing inaccuracies, or other variations.

Orpheix is not a substitute for a licensed surveyor, engineer, architect, construction professional, inspector, utility locator, safety professional, or other qualified expert.

Unless Zenith expressly agrees otherwise in a separate written contract, you must not rely on Orpheix as the sole basis for:

• Property boundaries or legal land descriptions.

• Construction layout or fabrication.

• Structural, engineering, or architectural decisions.

• Building-code or regulatory compliance.

• Permitting, certification, appraisal, or inspection.

• Utility location or underground-service identification.

• Navigation, emergency response, clearance, or life-safety decisions.

• Any decision where an inaccurate result could cause injury, financial loss, or property damage.

You are responsible for independently confirming all dimensions, measurements, scale, calibration, orientation, accuracy, and completeness before relying on or sharing any result produced through Orpheix.

9. Privacy

Our collection, use, storage, and disclosure of personal information are described in the Orpheix Privacy Policy.

You are responsible for complying with all privacy, data-protection, workplace-monitoring, property-access, and recording laws that apply to your use of Orpheix and your User Content.

You must not capture, upload, process, or share personal information through Orpheix unless you have a lawful basis and any required permissions.

10. Third-Party Services

Orpheix may interact with third-party services, including device manufacturers, identity providers, payment processors, cloud platforms, file-storage systems, mapping services, and other software providers.

Those services may be governed by separate terms and privacy policies.

Zenith is not responsible for third-party services, content, outages, security incidents, changes, limitations, or availability outside Zenith’s control.

You are responsible for complying with applicable third-party terms, including Apple Media Services terms and your internet or wireless-service agreement.

11. Ownership of Orpheix

Orpheix, including its software, branding, interface, designs, documentation, workflows, technology, source code, features, graphics, and related intellectual property, is owned by Zenith or its licensors.

Except for the limited license granted under these Terms, no ownership rights are transferred to you.

Orpheix and Zenith Point Innovations names, logos, designs, and branding may not be used without written permission.

If you voluntarily submit feedback, ideas, comments, or suggestions, you grant Zenith permission to use them without restriction or compensation. Zenith will not publicly identify you as the source of feedback without your permission.

12. Availability, Changes, and Updates

Zenith may update, modify, improve, add, remove, limit, suspend, or discontinue Orpheix features at any time.

We do not guarantee that Orpheix will always be available, uninterrupted, error-free, secure, or compatible with every device, file type, operating system, or third-party service.

Software updates may be required to continue using Orpheix.

Internet access, mobile data, compatible equipment, hardware, and third-party charges are your responsibility.

13. Suspension and Termination

You may stop using Orpheix at any time.

Zenith may suspend or terminate your access when reasonably necessary to address:

• A violation of these Terms.

• Unlawful activity.

• Fraud or suspected fraud.

• Nonpayment.

• Security threats.

• Misuse of Orpheix.

• Harm to Zenith, other users, or third parties.

• Conduct that could create legal liability.

Upon termination, your license to use Orpheix ends.

Provisions concerning ownership, disclaimers, limitation of liability, indemnification, disputes, and other provisions that should reasonably survive termination will remain in effect.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORPHEIX IS PROVIDED “AS IS” AND “AS AVAILABLE.”

ZENITH DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, NON-INFRINGEMENT, SECURITY, AND QUIET ENJOYMENT.

ZENITH DOES NOT WARRANT THAT ORPHEIX WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM DATA LOSS.

ZENITH DOES NOT WARRANT THAT CAPTURES, MEASUREMENTS, EXPORTS, CONVERSIONS, SYNCHRONIZATION, STORAGE, OR SHARED FILES WILL BE COMPLETE, PRECISE, ACCURATE, OR FREE FROM CORRUPTION.

Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, portions of this section may not apply to you.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENITH AND ITS OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS INCLUDES LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, PROJECT FILES, DATA, MEASUREMENTS, OR OTHER INFORMATION ARISING FROM OR RELATED TO ORPHEIX.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENITH’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO ORPHEIX WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID FOR ORPHEIX DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

2. ONE HUNDRED U.S. DOLLARS.

These limitations do not apply where prohibited by law and do not limit liability that cannot legally be limited.

16. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Zenith, its owners, employees, contractors, affiliates, and licensors from third-party claims, damages, losses, liabilities, and reasonable costs arising from:

• Your User Content.

• Your misuse of Orpheix.

• Your violation of these Terms.

• Your violation of applicable law.

• Your violation of another person’s rights.

• Your unauthorized capture, processing, storage, or sharing of property or information.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law principles.

Subject to any mandatory consumer rights that apply to you, disputes relating to these Terms or Orpheix will be brought in the state or federal courts with jurisdiction in or serving Savannah, Georgia.

You consent to the jurisdiction of those courts.

Before filing a formal legal claim, you agree to contact Zenith and provide a reasonable opportunity to resolve the matter informally.

18. Changes to These Terms

Zenith may update these Terms as Orpheix, applicable law, technology, or business practices change.

The updated Terms will be posted with a revised “Last Updated” date.

Where required by law, Zenith may provide additional notice of material changes.

Your continued use of Orpheix after updated Terms take effect means you accept the revised Terms.

19. Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the greatest extent permitted by law.

The remaining provisions will remain in effect.

20. Entire Agreement

These Terms, the Orpheix Privacy Policy, Apple’s applicable terms, and any additional written terms presented to you form the entire agreement concerning your use of Orpheix.

They replace any prior discussions or agreements concerning the same subject.

21. Contact Us

Questions, complaints, or claims concerning Orpheix may be directed to:

Zenith Point Innovations LLC
Savannah, Georgia, United States
Email: support@zenithpointinnovations.com
Website: https://zenithpointinnovations.com

© 2026 Zenith Point Innovations LLC. All rights reserved. Orpheix is a product of Zenith Point Innovations LLC.