End User License Agreement

IMPORTANT - READ CAREFULLY

This End User License Agreement ("EULA") is a legally binding contract between you and Robert Ruby II that governs your use of the pole measurement software and services. By clicking "I Accept" or using the Software, you agree to be bound by these terms.

Version: 20260401 | Effective Date: April 01, 2026

1. DEFINITIONS

"Software" means the Robert Ruby II pole measurement and analysis platform, including all modules, updates, and documentation.

"Services" means pole detection, measurement calculation, make-ready analysis, and related engineering services.

"Credits" means the consumable units used to access premium features such as AI autodetection tools and exports ($1.00 per credit).

"Customer" means the entity that has purchased a subscription plan.

"Authorized User" means individuals authorized by Customer to access the Software.

"Project Data" means pole photos, measurements, GPS coordinates, and engineering calculations.

2. LICENSE GRANT AND SCOPE

Subject to your compliance with this EULA and payment of all applicable fees, Robert Ruby II grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software and Services solely for internal business purposes related to utility pole measurement, analysis, and project documentation.

You may permit Authorized Users to access the Software under your account, provided each Authorized User complies with this EULA. You are responsible for all activities conducted under your account credentials.

Except as expressly permitted in this EULA, you may not: (a) copy, modify, or create derivative works of the Software; (b) reverse engineer, decompile, or disassemble any part of the Software; (c) rent, lease, distribute, sell, or sublicense the Software; (d) use the Software to provide measurement or engineering services to third parties except as part of your authorized business; (e) circumvent or bypass any usage limits, credit consumption requirements, or security measures.

Robert Ruby II reserves all rights not expressly granted to you in this EULA. The Software is licensed, not sold.

3. CREDIT SYSTEM AND USAGE

The Software operates on a subscription-based system. All core functionality — including unlimited pole collections, measurements, project management, and standard data viewing — is included with your subscription at no additional per-use cost.

Credits are required only for premium features. Premium features include but are not limited to: AI autodetection tools (1 credit per use) and exports (1 credit per export). Credits are non-refundable and non-transferable. Unused credits remain available indefinitely and do not expire.

Export credit charges are not currently active but may be implemented at any time. A minimum of 48 hours' notice will be provided to all users before export credit charges take effect. Founding members will receive a reduced rate on all credit purchases.

You acknowledge that credits are consumed upon initiation of a premium feature, regardless of completion. Failed premium feature operations due to user error, poor image quality, or incomplete data entry will still consume credits.

4. DATA OWNERSHIP AND USE

You retain all rights to Project Data you upload. By using the Software, you grant Robert Ruby II a worldwide, royalty-free license to process, analyze, and store Project Data solely to provide the Services to you.

Robert Ruby II may collect and use anonymized, aggregated data derived from your use of the Software for product improvement, machine learning model training, and industry benchmarking, provided such data cannot be traced back to you or your projects.

You represent and warrant that you have all necessary rights to upload Project Data and that such data does not violate any third-party rights or applicable laws.

5. WARRANTIES AND DISCLAIMERS

Robert Ruby II warrants that the Software will perform substantially in accordance with the documentation for ninety (90) days from initial access. Your sole remedy for breach of this warranty is correction of the Software or, at our option, refund of fees paid for the affected period.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ONE SHOT PRO AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Robert Ruby II does not warrant that: (a) the Software will be error-free or uninterrupted; (b) pole measurements will be 100% accurate; (c) the Software will meet all regulatory requirements in your jurisdiction; (d) AI-based detection will identify all pole features; or (e) make-ready analysis will identify all potential violations.

YOU ACKNOWLEDGE THAT FIELD VERIFICATION IS REQUIRED FOR ALL MEASUREMENTS AND ENGINEERING DECISIONS. THE SOFTWARE IS A TOOL TO ASSIST, NOT REPLACE, PROFESSIONAL ENGINEERING JUDGMENT.

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL ONE SHOT PRO AI'S TOTAL LIABILITY EXCEED THE FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

ONE SHOT PRO AI SHALL NOT BE LIABLE FOR: (a) indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenue, or business opportunities; (c) construction delays or project overruns; (d) regulatory fines or penalties; (e) errors in field deployment based on Software measurements; or (f) data loss exceeding 30 days of backups.

These limitations apply regardless of the theory of liability and even if Robert Ruby II has been advised of the possibility of such damages. Some jurisdictions do not allow limitation of implied warranties or liability, so some of the above may not apply to you.

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Robert Ruby II, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising from: (a) your use of the Software; (b) your Project Data; (c) your violation of this EULA; (d) field implementation based on Software outputs; or (e) your violation of any rights of third parties.

Robert Ruby II will defend you against claims that the Software infringes third-party intellectual property rights, provided you: (a) promptly notify us; (b) provide reasonable cooperation; and (c) allow us sole control of the defense. This obligation does not apply to claims arising from unauthorized modifications or use outside the scope of this EULA.

8. TERMINATION

This EULA remains effective until terminated. Your rights terminate automatically if you: (a) fail to pay fees when due; (b) breach any provision of this EULA; (c) exceed authorized usage limits; or (d) engage in activity that may harm Robert Ruby II's reputation or systems.

Upon termination: (a) all licenses granted to you cease immediately; (b) you must stop all use of the Software; (c) outstanding fees become immediately due; and (d) you may export your Project Data for 30 days, after which it may be deleted.

Sections 4 (Data Ownership), 5 (Disclaimers), 6 (Limitation of Liability), 7 (Indemnification), 9 (Confidentiality), and 11 (General) survive termination.

9. CONFIDENTIALITY

Each party may access confidential information of the other. "Confidential Information" includes non-public business information, technical data, trade secrets, know-how, and information marked as confidential. The Software, its algorithms, and pricing terms are Robert Ruby II's Confidential Information.

Each party agrees to: (a) protect Confidential Information using the same care it uses for its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to third parties; and (c) use Confidential Information only as necessary under this EULA.

Without limitation, the measurement algorithms, calibration methods, pixel-to-real-world conversion techniques, detection models, and all client-side code delivered through the Software are trade secrets and Confidential Information of Robert Ruby II, regardless of whether such code is delivered in human-readable, minified, or obfuscated form. You acknowledge that use of artificial intelligence tools, automated analysis, or any other means to extract, reconstruct, or document these trade secrets constitutes a breach of this confidentiality obligation.

10. COMPLIANCE AND ACCEPTABLE USE

You must comply with all applicable laws, regulations, and industry standards, including NESC (National Electrical Safety Code), local utility regulations, and engineering best practices. You may not use the Software: (a) for any unlawful purpose; (b) to transmit malicious code; (c) to violate third-party rights; (d) to interfere with other users; or (e) to attempt unauthorized access to any systems.

You acknowledge that the Software is subject to U.S. export laws and regulations. You may not export or re-export the Software without appropriate government approvals.

Robert Ruby II may suspend your access immediately if we reasonably believe you have violated this EULA or your use poses a security risk to our systems or other users.

11. GENERAL PROVISIONS

Governing Law: This EULA is governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.

Entire Agreement: This EULA, together with your subscription agreement and our Privacy Policy, constitutes the entire agreement between you and Robert Ruby II regarding the Software and supersedes all prior agreements and understandings.

Modifications: Robert Ruby II may modify this EULA by posting the revised version on our website. Continued use after 30 days' notice constitutes acceptance of the modified terms.

Assignment: You may not assign this EULA without our prior written consent. Robert Ruby II may assign this EULA without restriction.

Severability: If any provision is found unenforceable, the remainder of this EULA continues in full force and effect.

No Waiver: Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

Equitable Relief: You acknowledge that any breach of Section 2 (License Restrictions), Section 9 (Confidentiality), or Section 10 (Acceptable Use) would cause irreparable harm to Robert Ruby II for which monetary damages would be an inadequate remedy. Robert Ruby II shall be entitled to seek injunctive or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or proving actual damages, in addition to any other remedies available at law or in equity.

ACCEPTANCE

By clicking "I Accept," creating an account, or using the Software, you acknowledge that you have read, understood, and agree to be bound by this EULA. If accepting on behalf of an entity, you represent that you have authority to bind that entity.

Contact: For questions about this EULA, contact rruby@moezaick.com