PIVOTALPATH INC.

1. Definitions

• “App” means the PivotalPath Inc. Index App, including all software, content, updates, and documentation provided under these Terms.
• “PivotalPath”, “we”, “us”, or “our” means PivotalPath Inc., a corporation duly incorporated and operating under applicable law.
• “You” or “User” means any individual who accesses or uses the App.
• “Commercial Use” means any use of the App or its outputs, directly or indirectly, for financial gain, business operations, client services, revenue generation, or any activity conducted for commercial advantage, whether by an individual, organization, or entity.
• “Artificial Intelligence” or “AI” means any machine learning system, large language model, neural network, automated inference engine, generative model, or AI-assisted tool, including but not limited to tools such as ChatGPT, Copilot, Claude, Gemini, or similar technologies.
• “Commercial License” means a separate written agreement executed between PivotalPath Inc. and a subscriber authorizing commercial use of the App.

2. Restrictions on Use

3.1 Non-Commercial Use Only

The App is made available exclusively for informational, non-commercial use. You must not, directly or indirectly:

• Use the App or any output generated by the App for any commercial purpose, including providing services to clients or customers;
• Use the App in connection with any business, enterprise, or revenue-generating activity;
• Use the App to support, supplement, or enhance any commercial product, service, or workflow;
• Charge any fee or receive any form of compensation in exchange for access to or use of the App or its outputs;
• Use the App within a workplace, institutional, or organizational context where commercial benefit may be derived.

3.2 No Distribution or Redistribution

You must not distribute, redistribute, publish, transmit, share, sell, rent, lease, loan, or otherwise make the App available to any third party in any form or by any means, including:

• Uploading the App or any portion thereof to any network, platform, or file-sharing service;
• Bundling the App with any other software, service, or product;
• Transferring or assigning your right of access to any other individual or entity;
• Making the App available through any subscription, SaaS, hosted, or cloud-based platform.

3.3 Prohibition on Artificial Intelligence Use

You must not, under any circumstances:

• Use any AI tool to interact with, query, process, or analyze the App or its outputs;
• Feed any data, output, or content from the App into any AI system, model, or tool;
• Use AI-generated content in connection with the App;
• Automate or augment any App function using AI, machine learning, or automated inference;
• Use the App in conjunction with or as an input to any generative AI workflow.

This prohibition applies regardless of whether the AI tool is commercial, open-source, proprietary, or otherwise, and regardless of the purpose for which the AI is being used.

3. Commercial Licensing

Any commercial use of the App is strictly prohibited without a valid, executed Commercial License Agreement with PivotalPath Inc. Commercial use includes, without limitation, use within or for the benefit of any business, enterprise, organization, or commercial venture.

If you wish to use the App for commercial purposes, you must:

• Contact PivotalPath Inc. prior to commencing any commercial use;
• Enter into a written Commercial License Agreement with PivotalPath Inc. governing the terms, scope, and fees applicable to such commercial use;
• Comply fully with the terms of that Commercial License Agreement.

Unauthorized commercial use constitutes a material breach of these Terms and may result in immediate termination of your access rights, legal action, and claims for damages. For commercial licensing enquiries, please contact PivotalPath Inc. directly.

4. Intellectual Property

The App, including all software code, algorithms, interfaces, content, data structures, designs, trade names, and documentation, is the exclusive intellectual property of PivotalPath Inc. and is protected by applicable copyright, trademark, trade secret, and other intellectual property laws.

These Terms do not transfer any ownership interest in the App to you. You acquire only the limited right of access expressly described herein. You must not:

• Remove, alter, or obscure any copyright, trademark, or proprietary notices on the App;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
• Create derivative works based on the App or any portion thereof;
• Register or attempt to register any trademark, domain name, or other mark that incorporates or is confusingly similar to PivotalPath Inc.’s brand or the App’s name.

5. No Warranty

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PIVOTALPATH INC. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT.

PivotalPath Inc. does not warrant that the App will be error-free, uninterrupted, free from viruses or harmful components, or that any defects will be corrected.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIVOTALPATH INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF PIVOTALPATH INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall PivotalPath Inc.’s total aggregate liability to you exceed the amount paid by you for the App in the twelve (12) months preceding the claim. As the App is provided free of charge, this amount shall be zero (USD $0.00) unless otherwise agreed in writing.

7. Privacy

Your use of the App is subject to PivotalPath Inc.’s Privacy Policy, which is incorporated herein by reference. By using the App, you consent to the collection and use of information as described in the Privacy Policy. PivotalPath Inc. will handle any personal data in accordance with applicable privacy legislation.

8. Termination

PivotalPath Inc. may terminate or suspend your access immediately, without notice or liability, for any breach of these Terms. Upon termination:

• Your right to use the App ceases immediately;
• You must immediately cease all access to and use of the App;
• Provisions of these Terms that by their nature should survive termination shall survive, including Sections 5, 6, 7, 9, 10, 11, and 12.

9. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New York and the federal laws of the United States applicable therein, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the courts of the State of New York. You irrevocably submit to the personal jurisdiction of such courts for this purpose.

10. Updates and Modifications

PivotalPath Inc. reserves the right to modify these Terms at any time. Updated Terms will be effective upon posting or notification. Your continued use of the App following notice of changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes.

11. General Provisions

Entire Agreement. These Terms constitute the entire agreement between you and PivotalPath Inc. with respect to the App and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. Failure by PivotalPath Inc. to enforce any provision of these Terms shall not constitute a waiver of its right to enforce such provision in the future.

No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and PivotalPath Inc.

Assignment. You may not assign or transfer any of your rights or obligations under these Terms without PivotalPath Inc.’s prior written consent. PivotalPath Inc. may freely assign these Terms.

Notices. Any notices to PivotalPath Inc. under these Terms must be in writing and delivered to PivotalPath Inc.’s registered address or such other address as PivotalPath Inc. may notify you.

12. Contact Information

For more information, please contact PivotalPath at inquiry@pivotalpath.com

© 2025 PivotalPath Inc. All rights reserved.

Unauthorized use, reproduction, or distribution is strictly prohibited.