Ondera product terms.

1. About these Ondera Terms

1.1 Ondera is a Good Systems Service, and these Ondera Terms are the Product Terms for Ondera for the purposes of the General Terms. The General Terms, including Annex A (Acceptable Use Policy) and Annex B (AI Terms), apply to your use of Ondera as if set out in full in these Ondera Terms.

1.2 Capitalised terms used but not defined in these Ondera Terms have the meaning given to them in the General Terms. References in these Ondera Terms to "Sections" of the General Terms are to the sections of the General Terms as numbered at the date of these Ondera Terms.

1.3 In the event of any conflict or inconsistency between these Ondera Terms and the General Terms, these Ondera Terms shall prevail in respect of your use of Ondera, but only to the extent of the conflict or inconsistency.

1.4 Our use of your personal data in connection with Ondera is described in the Good Systems Privacy Policy available at goodsystems.com/privacy-policy as supplemented by the Ondera Privacy Policy available at ondera.co/privacy.

2. Description of Ondera

2.1 Ondera is a collaborative review and markup tool for professionals, including architects, engineers and construction professionals. It allows you to import documents, drawings and other files (such as PDFs) into Ondera, to annotate and mark them up, to create design reviews, punch lists, inspection reports and whiteboards, to capture photos and notes on site, to add comments, to convert feedback into tasks and track their status, to view the edit history of a document, and to share your work with other people and collaborate with them on it in real time. Ondera also includes certain AI features (see Section 6). The specific features available to you at any time may vary and may change as Ondera develops.

2.2 Ondera may allow you to import content from, or export content to, third-party services (for example cloud storage providers or the design and project management tools you use). Ondera accesses only the content you choose to import or export, and does not otherwise access, collect or process data from those third-party services. Your use of any third-party service is governed by that service's own terms.

2.3 Ondera is a web application accessed through a supported web browser at ondera.co. Ondera may also be made available through App Distribution Platforms. Minimum system requirements are iOS 18.6 or later compatible iPad. The features available to you may differ depending on the App Distribution Platform, device, operating system, web browser and geographic region.

2.4 You must sign in with your Good Systems Account to use Ondera. Your User Content (including the documents you import, your annotations, comments, tasks and the other content you create in Ondera) is synced and stored on our servers as described in Section 7.

3. Eligibility and accounts

3.1 Ondera is intended for use by professionals in the course of their work or business and is not directed to children.

3.2 These Ondera Terms cover use of Ondera by individual users, including individuals who use Ondera in the course of their work or business. If you use Ondera on behalf of your employer or another organisation, you confirm that you have authority to do so. Use of Ondera by organisations, teams or enterprises under an enterprise or team plan is subject to a separate agreement.

4. Fees

4.1 Ondera is currently provided free of charge. The General Terms provisions on Free Good Systems Services apply to your use of Ondera.

4.2 We may introduce fees for Ondera, or for certain features of Ondera (including Ondera AI Features), in the future. If we do so, we will notify you in advance in accordance with the General Terms, and you will not be charged for any feature of Ondera unless you have expressly agreed to the applicable fee.

5. Your content, collaboration and other people

5.1 You are solely responsible for the documents, drawings, photos and other content you import into or create in Ondera, and for the people you share it with. You must ensure that your use of Ondera complies with all laws that apply to you and to that content, including laws relating to confidentiality, intellectual property, privacy and data protection. In particular, photos and recordings taken on site may capture other people, and the content you import may be confidential or belong to your clients, employer or other third parties. These laws vary between countries and, in some cases, between states or regions, and may require you to obtain the consent of the people concerned before capturing or sharing content.

5.2 Ondera does not notify, or seek the consent of, people who appear in the content you capture or import. Before you capture, import or share such content, you must obtain any consent and give any notice required under applicable law and under your contractual obligations to your clients, employer or other third parties.

5.3 You represent and warrant that you have obtained all rights, consents and permissions, and given all notices, required in connection with the import, annotation, sharing and storage of any content through Ondera, including in respect of the personal data of any other person captured in or identified by that content.

5.4 The documents, drawings, photos, annotations, comments, tasks and other content you import into or create in Ondera are your User Content for the purposes of the General Terms. You own your User Content and you are responsible for it.

5.5 Ondera is not designed for, and must not be used to store or process, protected health information regulated by HIPAA or other regulated information of the kind described in the General Terms, and Good Systems does not undertake to identify, redact or remove sensitive or regulated information that you or another person include in User Content.

5.6 When you share a document or invite another person to collaborate in Ondera, your name, account ID and email address, together with any information you include in the invitation, will be visible to that person. People you share a document with will be able to view, and depending on the permissions you give them, edit, annotate and comment on, that document and the tasks and other content associated with it. You are responsible for deciding who you share your content with and for the permissions you give them.

5.7 Ondera is a collaboration and markup tool. It is not a substitute for your professional judgement, and we do not warrant that any document, drawing, punch list, task or other content created or reviewed in Ondera is complete, accurate or compliant with any building code, regulation, standard or contractual requirement. You remain responsible for verifying site conditions and for all professional decisions you make using Ondera.

6. Ondera AI features

6.1 Ondera incorporates artificial intelligence and machine learning models to provide certain features, such as the automatic generation of suggested tasks from photos you take or import, and may use them to provide further features in future ("Ondera AI Features"). Ondera AI Features are Good Systems AI Features for the purposes of Annex B (AI Terms) of the General Terms, and Annex B applies to your use of them.

6.2 We may change the way in which Ondera AI Features are delivered, including the models and infrastructure used, and we may add further AI features to Ondera over time. Up-to-date information on how Ondera AI Features process your data is set out in the Ondera Privacy Policy.

6.3 Your User Content is not used to train the artificial intelligence models of any third-party provider. We will not use your Input (including photos, documents, annotations and notes) or Output to train or improve artificial intelligence models unless you have first given your separate, affirmative opt-in consent in accordance with Annex B of the General Terms. We may offer you the opportunity to give such consent in the future; if we do, we will explain what your consent covers at the time and you will be free to decline.

6.4 Suggested tasks and other Output generated by Ondera AI Features may contain errors or omissions, may misidentify or fail to identify defects, and may not accurately reflect the conditions shown in a photo or on site. We discard Output where our AI models indicate low confidence, but we do not warrant that all inaccurate Output will be identified or discarded. You must not rely on any Output without independently confirming its accuracy, and you must not treat Output as a complete or authoritative record of the defects at a site or in a document without checking it.

6.5 Your use of Ondera AI Features must comply with the fair usage requirements described in the General Terms or any applicable pricing page, in accordance with Annex B of the General Terms.

7. Storage, sync and deletion of your content

7.1 Your User Content (including the documents you import, your annotations, comments, tasks and the other content you create in Ondera) is encrypted in transit and at rest on our servers and is synced and stored in Amazon Web Services cloud infrastructure operated by Good Systems. This storage is a Good Systems Cloud Service for the purposes of the General Terms. Further detail on where your data is stored and processed, and on international transfers, is set out in the Ondera Privacy Policy.

7.2 You are responsible for backing up your User Content in accordance with the General Terms, including by exporting it from Ondera where export functionality is available.

7.3 You may delete User Content at any time through Ondera. If your Good Systems Account is closed or terminated in accordance with the General Terms, User Content stored in Good Systems Cloud Services will be deleted in accordance with the General Terms and the Ondera Privacy Policy. Content that you have shared with other people, and any copies they have exported, may remain available to them after you delete it or close your account.

8. Third-party integrations

8.1 Ondera may allow you to connect third-party services (such as cloud storage providers) so that Ondera can import content from, or export content to, those services. Any such integration is optional. Before Ondera accesses any data from a third-party service, you will be asked to log in to your account with that service and give your consent.

8.2 Our use of data obtained through third-party integrations is limited to providing the features you have requested and is described in the Ondera Privacy Policy. We do not use such data for advertising, do not sell it, and do not use it to create, train or improve any artificial intelligence or machine learning models.

8.3 You may disconnect a third-party service at any time through Ondera or through your account settings with that service.

9. Additional restrictions

9.1 In addition to the Acceptable Use Policy in Annex A of the General Terms, when using Ondera you must not:

(a) input into Ondera AI Features any content that is subject to a third party's intellectual property rights or confidentiality obligations, unless you have the right to do so;

(b) use Ondera to capture or store photos, recordings or other information about any person for the purpose of covert surveillance of that person; or

(c) use Ondera in any manner that breaches the terms of any third-party service you use in connection with Ondera.

10. Beta and experimental features

10.1 Ondera is currently made available as a Beta, and certain features of Ondera may be made available as Experimental Features. The provisions of the General Terms relating to Betas and Experimental Features apply to your use of Ondera. In particular, Ondera may contain errors, may be changed, suspended or withdrawn at any time, and may not be available or supported in the same way as a generally available Good Systems Service, and you should not rely on Ondera as your only record of your work.

11. Support and contact

11.1 For support with Ondera, you can contact us at support@ondera.co or via ondera.co/support.

11.2 Any right of withdrawal or refund that may apply to a paid feature of Ondera in the future may be exercised using the contact details in this Section 11.

12. Changes to these Ondera Terms

12.1 We may change these Ondera Terms. While Ondera is provided free of charge, we may do so at any time in accordance with the General Terms. If and when Ondera or any of its features becomes a paid-for Good Systems Service, changes affecting that paid-for service will follow the process set out in the General Terms for paid-for Good Systems Services.