Legal

Terms of Service

Shuno Terms of Service

Last updated: August 26, 2026 Effective date: August 26, 2026

Please read these Terms of Service ("Terms") carefully. They are a binding agreement between you and Bentley Digital Solutions LLC, a Utah limited liability company ("Shuno," "we," "us," or "our"), governing your access to and use of the Shuno website, applications, labeling and QR features, AI-assisted item detection features, and all related software, documentation, content, and services (collectively, the "Service").

By creating an account, clicking "I agree" (or a similar control), accessing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not create an account and do not use the Service.

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 25). TO THE EXTENT IT APPLIES, THAT PROVISION REQUIRES DISPUTES TO BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT BY JURY TRIAL OR CLASS ACTION. PLEASE READ SECTION 25 CAREFULLY.

SECTIONS 8 AND 9 LIMIT WHAT THE SERVICE MAY BE RELIED ON FOR. Shuno's item detection output is an estimate, and Shuno is not an insurance, appraisal, authentication, legal, or accounting record.


1. Who These Terms Cover

These Terms apply to every user of the Service, whether or not you pay us anything, and whether you use the Service through our website, an application we make available, or any interface we provide.

If you use the Service on behalf of a company, household, client, or other organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.

2. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will post the updated Terms with a new "Last updated" date and, where practical, notify you by email or through the Service. Changes take effect when posted unless the notice states otherwise.

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms, whether or not you have actually read them. If you do not agree to a change, your remedy is to stop using the Service and cancel any paid plan as described in Section 15. Updated Terms supersede all prior versions. We may require you to affirmatively accept updated Terms before continuing to use the Service or before using particular features.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a contract to create an account. By using the Service, you represent and warrant that you meet those requirements.

The Service is not directed to children. We do not knowingly collect personal information from children under 13, and will delete such information if we learn we have collected it.

The Service is offered from the United States and is intended for use in the United States and Canada. We make no representation that the Service is appropriate or available anywhere else. If you access the Service from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

You may not use the Service if you are barred from doing so under the laws of the United States or of the jurisdiction where you live.

4. Your Account

Full use of the Service requires an account. You agree to provide accurate, current, and complete information and to keep it up to date. You must verify your email address before you can log in.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to: use a strong, unique password; not share your password or account access with anyone; and notify us promptly at [email protected] of any unauthorized use or suspected security breach. We are not liable for any loss or damage arising from your failure to keep your credentials secure.

Accounts are personal to the account holder. Account ownership is not transferable except with our written consent. Requests to transfer ownership of an account or a paid plan, to change the person who administers a plan, or to obtain access to an account following the death or incapacity of the account holder must be submitted in writing and may require documentation we reasonably consider sufficient to establish legal authority.

5. Equipment, Connectivity, and Printed Materials

You are responsible for the devices, internet or mobile data connection, and any label sheets, printers, ink, adhesives, or other physical supplies you use with the Service, and for any charges your carrier or internet provider imposes. Print output depends on your printer, paper stock, and settings; we make no representation that any label layout will align, scan, or adhere correctly on your equipment or that any printed label will remain legible or attached over time. We recommend you test-print before committing a full sheet.

6. What the Service Is

Shuno is an organizational tool. It lets you create folders, nest them inside one another, record items inside them, upload photographs of those folders and their contents, generate QR codes and printable labels, share folders with other users or by link, and use AI-assisted detection to suggest items from a photograph.

7. Your Content

You own your content. You retain all ownership rights you already have in the photographs, item descriptions, folder names, notes, labels, and other content you submit to the Service ("Your Content"). We do not claim ownership of Your Content.

License to us. You grant us a worldwide, non-exclusive, royalty-free, sublicensable (only to our service providers, and only so they can perform services for us), and transferable license to host, store, reproduce, modify and create derivative works of (for technical purposes such as resizing, format conversion, preview generation, and indexing), transmit, and display Your Content in order to operate, maintain, secure, support, analyze, and improve the Service, and to develop new features and services, including as described in Section 8 (AI features) and in our Privacy Policy. Except for content you have shared publicly or with others, and except for copies retained in routine backups, logs, or as described in Section 8 and our Privacy Policy, this license ends when you delete Your Content or your account.

Your representations. You represent and warrant that: (a) you own Your Content, or have secured whatever rights, permissions, and consents are needed to submit it and to grant the license above; (b) nothing in Your Content infringes or misappropriates anyone else's intellectual property, privacy, publicity, or other rights, or breaks any law; and (c) you have not misstated, and will not misstate, who owns Your Content or what you are entitled to do with it. Fraudulent claims of ownership may result in immediate termination and may expose you to civil or criminal liability.

Our access to Your Content. In the course of operating, supporting, securing, debugging, and improving the Service, our authorized personnel and service providers may access Your Content. We limit that access to what is reasonably necessary for those purposes.

Sensitive content. Photographs of a home and its contents can reveal far more than their subject — room layouts, valuables, documents, medications, and people. Do not upload photographs of other people without their consent, and do not upload identification documents, financial records, confidential business information, or anything you would not want disclosed if the Service suffered a security incident. We do not perform facial recognition on your photographs.

No obligation to monitor or preserve. We may, but have no obligation to, review, screen, flag, filter, refuse, limit access to, or remove any content, at our discretion. We are not responsible for Your Content or for any content another user makes available.

8. AI-Assisted Detection Features

The Service includes features that analyze a photograph you submit and suggest items, descriptions, brands, categories, attributes, quantities, and locations within the image ("Detection Features").

Detection Features are automated, approximate, and frequently wrong. They may misidentify objects, misread brands or labels, miscount quantities, miss items entirely, invent items that are not present, or produce descriptions that are inaccurate or nonsensical. Output is a starting suggestion that you are expected to review and correct. You are solely responsible for reviewing, correcting, and verifying all detection output before relying on it for any purpose. We make no representation that detection output is accurate, complete, current, or fit for any purpose.

Third-party processing. To provide Detection Features, the photograph you select and related information are transmitted to and processed by third-party AI providers. Some providers may process data outside the United States. See our Privacy Policy for details, including who these providers currently are. By using Detection Features, you consent to this processing.

Outputs change over time. We may update, replace, or change the models we call, the instructions we send them, our providers, and our detection methods at any time, and a provider may change or retire its models independently of us. The same photograph may produce different results at different times. We do not guarantee consistency of output.

We do not train AI models on Your Content. We do not use your photographs, item descriptions, or catalog data to train, fine-tune, or otherwise build machine learning models — ours or anyone else's — and we do not authorize the AI providers we send your images to for processing to use them for that purpose either. We do not put your content into the instructions we send the model, so nothing you upload is shown to another customer's detection request.

What we do instead. Improving detection means improving the instructions and output formats we write and send to the model. To do that, we review detection requests and the results they produced — including the photograph, the suggested items, what failed to come back in a usable form, and the corrections you made — so we can find where the instructions fall short, measure accuracy, diagnose failures, and investigate abuse. This is ordinary product and quality work on our own instructions, not model building, and it leaves nothing of yours in anything we ship. Access is limited to the people who need it, and the underlying records are retained and deleted as described in our Privacy Policy.

Aggregated and de-identified data. We may strip the identifying detail out of usage and detection records and pool them with other users' data to produce statistics — how accurate a category of detection is, how people use the Service, and the like. What results is no longer about you, and we may use, license, or sell it for any lawful business purpose, including analytics and benchmarking products, and may keep doing so after your account closes. Data counts as de-identified here only once it can no longer be traced to a particular person or household — not on its own, and not by combining it with other information we could reasonably lay hands on. We keep technical and organizational controls in place to hold that line, and we do not work backwards from de-identified data to a person, apart from periodic checks that those controls still do their job.

If this changes. If we ever decide to train models on customer content, we will amend these Terms and our Privacy Policy, give you notice before it takes effect, and obtain any consent the law requires before your content is used that way.

Rights in output. As between you and us, we do not claim ownership of the item descriptions and other detection output generated for your catalog, and you may use that output as part of Your Content. You acknowledge that AI output may not be eligible for intellectual property protection, that the same or similar output may be generated for other users, and that we may generate similar output for others. You may not use detection output, or the Service, to build, train, benchmark, or improve a competing AI model or service, or to create a derivative dataset for that purpose.

No verification or certification. We do not verify, authenticate, inspect, appraise, or certify any item, and we do not confirm that any item exists, is genuine, is lawfully held, or has any particular condition, quantity, ownership, or value. You may not represent or imply that we have done so, and you may not describe any item, listing, or record as "Shuno verified," "AI verified," "certified," or similar.

9. No Reliance for Insurance, Legal, Financial, or Safety Purposes

This is important. The Service is an organizational convenience tool. It is not:

  • an insurance inventory, appraisal, valuation, or proof-of-loss product;
  • an authentication, provenance, or anti-counterfeiting service;
  • a legal record, chain-of-custody system, or evidentiary record;
  • an accounting, tax, or asset-management system;
  • a system of record for regulated, controlled, hazardous, or high-value goods.

Do not use the Service as the basis for any insurance claim, legal proceeding, tax filing, financial decision, purchase or sale, or safety determination. Do not rely on it to establish the existence, condition, quantity, authenticity, ownership, or value of any property. If you need documentation for insurance, legal, tax, or valuation purposes, consult a qualified professional and maintain independent records. You assume all risk arising from any use of the Service for these purposes.

10. Sharing, QR Codes, and Public Links

The Service lets you make a folder viewable by anyone with its link or QR code, and to print that QR code on a physical label. You acknowledge and agree that:

  • Anyone who has a public link or can photograph a QR code can view that folder's contents, including its items and photographs, without logging in, for as long as public viewing remains enabled. QR codes affixed to physical boxes, shelves, or rooms may be visible to visitors, delivery and service personnel, movers, guests, landlords, buyers, and anyone else with physical or visual access to them, and may be captured in photographs of the space.
  • You alone decide what to make public, what to write on a label, where to affix printed labels, and whom to grant access.
  • Revoking access is not retroactive. Anyone who viewed, copied, photographed, or cached information while it was accessible may retain it. Rotating a folder's QR code invalidates the old link but does not recall printed labels already in circulation, and does not retrieve anything already seen.
  • We do not make anything public on your behalf, and we are not responsible for the consequences of your sharing decisions or of another person's use of information you shared.

11. Shared Groups, Households, and Professional Use

Shared groups. You may invite other users to a group and assign each of them a role — owner, editor, or viewer. Owners and editors can add, change, and delete content in that group, including content you created; viewers can see it. Choose roles carefully. If you invite someone, you are responsible for that invitation and for the content you expose to them, and you acknowledge that they may see, copy, change, or delete it. Anything another member adds is their content, not ours, and we are not responsible for how members treat each other's content.

Plans with multiple seats. Some plans allow more than one user to share a single subscription. The person who purchases the plan is responsible for payment for all seats and may add or remove seats and members. Members of a shared plan draw from the same pool of credits, and any member's usage reduces the credits available to the others. The plan owner is not automatically given access to a member's folders, and a member's folders are governed by the sharing rules in Section 10 and this Section 11.

Professional and business use. If you use the Service to catalog property that belongs to someone else — as a professional organizer, mover, estate or storage professional, property manager, or in any similar capacity — you represent and warrant that you have the authority and all necessary consents from the owner and from any other person whose property or information appears in the content you upload. As between you and us, you are responsible for that content and for your relationship with your client, including any notice, consent, or confidentiality obligation you owe them. We provide the Service to you, not to your client, and we have no relationship with your client. You will indemnify us for claims arising from that content and that relationship as described in Section 24.

12. Acceptable Use

You agree not to, and not to assist or permit anyone else to:

  • use the Service for any unlawful purpose, or to catalog stolen, contraband, or illegally held property;
  • upload content that is unlawful, infringing, defamatory, harassing, hateful, obscene, harmful to minors, or that violates another person's privacy or publicity rights;
  • access, or attempt to access, accounts, folders, or data belonging to others without authorization, including by guessing, enumerating, scraping, or systematically harvesting public links, QR tokens, or user information;
  • probe, scan, or test the vulnerability of the Service, or breach or circumvent any authentication, access control, rate limit, credit limit, seat limit, or other security or usage measure, except as expressly invited by us in writing;
  • interfere with, overload, degrade, or disrupt the Service or its infrastructure, or transmit malicious code;
  • use automated means to access the Service, create accounts, or submit content at volumes we consider excessive;
  • reverse engineer, decompile, disassemble, or attempt to derive the source code, models, prompts, or underlying structure of the Service, except to the extent applicable law prohibits that restriction;
  • remove, obscure, or alter any proprietary notice on the Service;
  • resell, rent, sublicense, share, or commercially exploit the Service or access to it, or allow a third party to use your account, except through the shared-plan features we provide;
  • use the Service to misappropriate an employer's or any third party's proprietary images, data, or intellectual property; or
  • give anyone a false impression of where detection output came from, how it was produced, or how much weight it deserves, or pass it off as an appraisal, authentication, certification, or expert opinion.

We may investigate suspected violations and take any action we consider appropriate, including removing content, limiting features, suspending or terminating accounts, and reporting to law enforcement. Please notify us at [email protected] if you become aware of misuse of the Service, of Shuno QR codes, or of another user's account.

13. Feedback

If you send us suggestions, bug reports, feature requests, survey responses, or other feedback ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, and incorporate that Feedback into the Service or any other product, without any obligation, attribution, or compensation to you. Feedback is not confidential.

14. Our Intellectual Property

The Service — including its software, prompts, schemas, label layouts, design, text, branding, name, and logos, and all associated intellectual property — is owned by us or our licensors and is protected by law. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Service for your own organizational purposes. All rights not expressly granted are reserved.

You may not use our trade names, trademarks, service marks, logos, or domain names without our prior written consent, and you may not use any mark in a way likely to cause confusion about who provides, endorses, or certifies a product or service.

Third-party trademarks or product names that appear in detection output or in your catalog belong to their respective owners and do not indicate any affiliation with or endorsement by those owners.

15. Plans, Credits, Payment, and Automatic Renewal

Plans. We offer a free tier and paid subscription plans that differ in the number of seats, the monthly credit allowance, and other features. Plan contents, limits, and prices are described in the Service at the time of purchase and may change as described below.

Free allowance. We may provide a limited amount of free credits or free feature access. Any free allowance is determined by us and may be changed, reduced, or withdrawn at any time.

Credits. Detection Features consume credits at the rates displayed in the Service at the time of use. You may purchase additional credits in packs. By purchasing or using credits, you agree that:

  • Credits are a limited license to use a feature, not property. They have no monetary value, are not a stored-value, deposit, or cash account, are not redeemable for cash, and may not be sold, transferred, gifted, or exchanged outside the Service.
  • Credits are consumed when a detection is submitted for processing, whether or not you accept, keep, or use the resulting suggestions, and whether or not the result meets your expectations. Because detection results are inherently approximate (Section 8), an unsatisfactory result is not grounds for a refund.
  • Credits expire. Credits included with a subscription plan renew each billing period and may carry over only up to a cap we set for your plan; anything above that cap is removed at the time of the next monthly grant. Separately purchased credits expire one year after the most recent purchase or grant of such credits, unless we state otherwise at the time of purchase. Expired credits are not refundable and are not restored.
  • Credits are forfeited on termination. If your account is terminated or suspended for violation of these Terms, unused credits are forfeited without refund.
  • Shared plans share credits. On a plan with multiple seats, all members draw from the same balance.

Automatic renewal — please read. Paid subscription plans renew automatically. Unless you cancel before the end of the then-current billing period, your subscription will automatically renew for another period of the same length, and we will charge your payment method the then-current price for that plan, plus applicable taxes, without further notice to you. The billing period, the price, and the renewal date are shown at checkout and in your account. You may cancel at any time through your account settings, where that control is available, or by emailing [email protected]; you must cancel before the renewal charge is made for the cancellation to take effect for the next period. Cancellation takes effect at the end of the current billing period. You keep access for the remainder of the period you have already paid for, and we do not provide refunds or credits for partial periods, except where required by law or where we choose to grant one at our discretion.

Payment. You authorize us and our payment processor to charge the payment method you provide for all fees you incur, including recurring subscription fees and taxes. You are responsible for keeping a valid payment method on file and for all applicable sales, use, VAT, or similar taxes, which may be added at checkout. If a charge is declined or reversed, we may retry the charge and may suspend, downgrade, or terminate your paid features until payment is resolved.

Price and plan changes. We may change prices, plan contents, credit rates, and credit pack sizes at any time. Changes to recurring subscription prices apply from your next renewal after we give you notice, and your continued use after the change takes effect is your acceptance of it; if you do not agree, cancel before the renewal date. Changes to credit consumption rates apply prospectively and do not affect credits already purchased.

Refunds. Except as stated in the automatic renewal paragraph above, all purchases are final and non-refundable, except where a refund is required by applicable law or where we choose to grant one at our sole discretion.

Payment processing. Purchases are processed by a third-party payment processor. We do not receive or store your full payment card number. Your purchase is also subject to the processor's terms.

Chargebacks. Initiating a chargeback or payment dispute without first contacting us at [email protected] may result in immediate suspension of your account and forfeiture of unused credits. We may recover amounts owed, including through a collections agent, and may recover the reasonable costs of doing so to the extent permitted by law.

16. Third-Party Services

The Service depends on third parties for hosting, storage, content delivery, email delivery, payment processing, AI model inference, and other functions. Your use of any third-party service is governed by that third party's terms and policies. We do not control third-party services and are not responsible for their acts, omissions, availability, security, pricing, or policy changes, and their failures or changes may degrade, interrupt, or end features of the Service without liability to us.

17. Software and Updates

Any software we make available may automatically check for and install updates, including bug fixes, security patches, and new features. You agree to receive those updates. If you disable automatic updates where that option exists, parts of the Service may stop working correctly, and we may still deliver certain updates.

18. Communications

By creating an account, you consent to receive service-related communications from us by email, including verification and security notices, receipts, billing notices, and notices about changes to the Service or these Terms. These are not marketing messages, and you cannot opt out of them while you maintain an account.

We may also send you product news, tips, and offers. You may opt out of those marketing messages at any time using the unsubscribe link in the message or by emailing [email protected]. If you enable push notifications, you can disable them in your device settings.

19. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. Please read it, including the sections on AI processing and on your opt-out rights.

20. Copyright Complaints

If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent at [email protected]. We will respond to valid notices as required by the Digital Millennium Copyright Act, and we may remove content and terminate repeat infringers.

21. Changes to the Service; Suspension; Termination

We may change the Service. We may add, change, limit, or remove features, set or change storage, upload, seat, or usage limits, and modify or discontinue the Service or any part of it, at any time. If we discontinue the Service entirely, we will give you reasonable advance notice and a reasonable opportunity to export your content, refund the unused portion of any prepaid subscription period, and refund unused credits you purchased within the preceding twelve months.

You may terminate. You may stop using the Service and delete your account at any time. Deleting your account does not entitle you to a refund of fees already paid, except as stated in Section 15 or as required by law.

We may suspend or terminate. We may suspend or terminate your access to the Service, or to any feature, immediately and without notice if: you breach these Terms; you use the Service in a way we reasonably consider unlawful, abusive, harmful, or malicious; a payment is refused or reversed; we reasonably believe suspension is necessary to protect the Service, other users, or a third party; we discontinue the Service or a feature; or the law requires it. Where the circumstances allow, we will give notice and, for a curable breach, an opportunity to cure.

Effect of termination. On termination, your right to use the Service ends immediately, unused credits are forfeited as described in Section 15, and you remain responsible for all amounts accrued before termination. We may delete Your Content, and content may not be recoverable after deletion. Some information will remain for a period after termination, including backups, logs, transaction and tax records, records of your acceptance of these Terms, content shared with other users or made public, and aggregated or de-identified data, as described in our Privacy Policy.

Back up your content. You are solely responsible for maintaining your own copies of anything that matters to you. Do not use the Service as your only record of anything you cannot afford to lose.

22. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DATA WILL BE ACCURATE, PRESERVED, OR RECOVERABLE; THAT DEFECTS WILL BE CORRECTED; THAT THE SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICE WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE, PRINTER, OR LABEL STOCK.

AI FEATURES. ALL DETECTION OUTPUT, ITEM IDENTIFICATION, CATEGORIZATION, BRAND ATTRIBUTION, QUANTITY, AND ATTRIBUTE INFORMATION GENERATED BY THE SERVICE IS AN ESTIMATE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, APPRAISAL, OR CERTIFICATION OF THE IDENTITY, AUTHENTICITY, ORIGIN, CONDITION, LEGALITY, QUANTITY, OWNERSHIP, OR VALUE OF ANY ITEM. WE EXPRESSLY DISCLAIM ALL LIABILITY ARISING FROM RELIANCE ON DETECTION OUTPUT, INCLUDING CLAIMS RELATING TO MISIDENTIFIED, COUNTERFEIT, MISLABELED, MISCOUNTED, OR OMITTED ITEMS. YOU ASSUME ALL RISK ASSOCIATED WITH SUCH RELIANCE.

NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. This disclaimer gives you specific legal rights, and you may have other rights that vary by state.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NEITHER WE NOR OUR MEMBERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, OR DATA, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR: LOSS, CORRUPTION, OR DELETION OF YOUR CONTENT; INACCURATE DETECTION OUTPUT OR INVENTORY RECORDS; DENIED, REDUCED, OR DISPUTED INSURANCE CLAIMS; LOSS, THEFT, OR DAMAGE TO PHYSICAL PROPERTY; UNAUTHORIZED ACCESS TO INFORMATION THROUGH SHARED LINKS, PRINTED LABELS, OR QR CODES; OR THE ACTS OR OMISSIONS OF OTHER USERS OR OF THIRD-PARTY SERVICES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND REFLECT AN AGREED ALLOCATION OF RISK THAT IS AN ESSENTIAL BASIS OF THIS AGREEMENT.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

24. Indemnification

You agree to indemnify, defend, and hold harmless Bentley Digital Solutions LLC, together with its members, officers, employees, agents, and contractors, against every demand, claim, suit, action, investigation, liability, loss, damage, cost, and expense (reasonable attorneys' fees included) arising out of or related to: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms; (d) your violation of any law or of any third party's rights, including privacy, publicity, or intellectual property rights; (e) your sharing of folders, links, printed labels, or QR codes, or your invitation of another person to a shared group; or (f) your use of the Service on behalf of, or with respect to the property of, another person or organization.

We may assume the exclusive defense and control of any matter subject to indemnification by you, at your expense, and you agree to cooperate with our defense.

25. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

Informal resolution first. Before starting an arbitration, you agree to first contact us at [email protected] with a written description of the dispute, the relief you seek, and your account email, and to give us 30 days to resolve it informally. We will do the same before starting an arbitration against you. This step is a condition to starting arbitration.

Agreement to arbitrate. If the dispute is not resolved informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including their formation, interpretation, breach, or termination, and including claims in contract, tort, statute, or otherwise — will be resolved by final and binding individual arbitration, and not in court, except as stated below. This agreement to arbitrate is governed by the Federal Arbitration Act.

Rules and forum. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect (and, where applicable, its Consumer Arbitration Minimum Standards), before a single arbitrator with substantial experience in commercial and technology disputes selected under those rules. The arbitration will take place in Utah County, Utah, or, at your election, by telephone or video conference or in the county where you live. The proceeding will be conducted in English. The arbitrator may award any relief a court could award on an individual basis, and judgment on the award may be entered in any court of competent jurisdiction.

Class action and jury trial waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Exceptions. Either party may: (a) bring an individual claim in small claims court if it qualifies and remains there; and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service, without first proceeding under this Section.

Canadian consumers. Several Canadian provinces — Quebec and Ontario among them — bar consumer agreements from compelling arbitration or from stripping a consumer of the right to join a class proceeding. If you are a consumer resident in such a province, the agreement to arbitrate and the class action waiver above do not apply to you to the extent that province's law forbids them, and you keep whatever right that law gives you to bring or join a proceeding in the courts of your own province under its law. The informal resolution step still applies, and the rest of these Terms remains in force.

Severability of this Section. If the class action and jury trial waiver above is held unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court as provided in Section 26, and the remainder of this Section will continue to apply to all other claims. If the agreement to arbitrate is held unenforceable in its entirety, disputes will be resolved in court as provided in Section 26.

Survival. This Section survives termination of these Terms and of your account.

26. Governing Law and Venue

These Terms and any dispute between you and us are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 25. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration under Section 25, you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Utah County, Utah, and waive any objection to that venue.

This Section does not deprive you of the protection of any mandatory consumer-protection provision of the law of the place where you live that cannot be varied by agreement.

27. General

Entire agreement. These Terms, together with the Privacy Policy and any additional terms we present for a specific feature, are the entire agreement between you and us regarding the Service and supersede all prior communications and agreements on that subject.

Severability. If any provision is held invalid or unenforceable, that provision will be limited or severed to the minimum extent necessary and replaced by a valid provision that most closely reflects its intent, and the remaining provisions will remain in full force.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later. A waiver is effective only if in writing and signed by an authorized representative.

Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including acts of God, labor disputes, utility or network failures, provider outages, cyber attacks, and governmental action.

Notices. We may give notice to you by email to the address on your account, by posting in the Service, or by any other reasonable means. Notice is effective when sent or posted. You must give us notice at [email protected].

Survival. Sections 7 (as to licenses granted), 8 (as to output, training, and de-identified data), 9, 13, 14, 15 (as to accrued amounts and forfeiture), 16, and 20 through 27 survive termination.

Export and sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to a U.S. government embargo or designated as a terrorist-supporting country, and that you are not on any U.S. government prohibited or restricted-party list.

Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and us. We are not your agent, broker, appraiser, or representative for any purpose.

28. Contact

Bentley Digital Solutions LLC Email: [email protected] Mailing address: [COMPANY MAILING ADDRESS]

BY CREATING AN ACCOUNT OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREE TO BE BOUND BY THEM.