Terms of Service

1.Acceptance of Terms

By accessing polyborg.ai or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree, do not use the Service.

2.Description of Service

Polyborg is a coordination layer for industrial automation projects. We help customers scope a job, source qualified integrators, benchmark and normalize quotes, structure financing, and manage a build through factory and site acceptance. Polyborg is not an integrator, equipment manufacturer, or lender, and does not itself design, build, sell, or finance automation equipment.

3.Eligibility and Accounts

The Service is intended for business use by manufacturers, warehouse operators, and their representatives. You must be able to form a binding contract to use the Service. If we provide account credentials, you are responsible for keeping them confidential and for all activity under your account, and you agree to notify us promptly of any unauthorized use.

4.Customer Responsibilities

You are responsible for the accuracy and completeness of the information you provide, including facility details, site conditions, specifications, and product data. You are responsible for your own decisions regarding integrators, equipment, and financing, and for your compliance with laws and safety requirements applicable to your operations and facilities.

5.Fees and Payment

Fees for the Service, and the basis on which they are charged, are set out in the applicable order, proposal, or written agreement between you and Polyborg. Unless stated otherwise, fees are exclusive of taxes, and payment is due as specified in that agreement. Fees payable to integrators, equipment manufacturers, and financing partners are governed by your separate agreements with those parties.

6.Intellectual Property

The Service, including the website, software, benchmarking methodology, templates, and content, and all related intellectual property, is owned by Polyborg or its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during the term. You retain ownership of the data and materials you submit, and grant us the rights necessary to use them to provide and improve the Service.

7.Confidentiality

Each party may receive confidential information of the other in connection with the Service. The receiving party will use confidential information only to perform under these Terms, will protect it with reasonable care, and will not disclose it except to those who need it and are bound by similar obligations, or as required by law. To deliver the Service, you authorize us to share relevant project information with the integrators and financing partners you engage.

8.Third-Party Providers

Integrators, original equipment manufacturers (OEMs), and financing partners are independent third parties, not employees, agents, or subcontractors of Polyborg. Any contract for the supply, integration, installation, or servicing of equipment, and any financing or leasing arrangement, is entered into directly between you and those third parties, not with Polyborg.

Polyborg coordinates and facilitates these relationships but does not manufacture, supply, install, warrant, or finance equipment, and is not a party to your agreements with third-party providers. We are not responsible for the acts, omissions, products, workmanship, pricing, or performance of any third-party provider. Warranties, indemnities, and remedies relating to equipment or financing are as set out in your agreements with those providers.

9.Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, Polyborg disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any benchmark, estimate, or projection will match actual outcomes. Benchmarks and estimates are informational and do not guarantee any specific price, timeline, or result.

10.Limitation of Liability

To the fullest extent permitted by law, Polyborg and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenues, data, or business opportunities, arising out of or relating to the Service. Polyborg’s total aggregate liability arising out of or relating to these Terms or the Service will not exceed the fees you paid to Polyborg for the Service in the twelve months preceding the event giving rise to the claim.

11.Indemnification

You will indemnify and hold harmless Polyborg and its affiliates, officers, and employees from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your data and materials, your operations and facilities, or your breach of these Terms.

12.Term and Termination

These Terms apply while you access the website or use the Service. We may suspend or terminate access if you breach these Terms or if we discontinue the Service. Provisions that by their nature should survive termination, including intellectual property, confidentiality, disclaimers, limitation of liability, and indemnification, will survive.

13.Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. The parties will attempt in good faith to resolve any dispute informally before pursuing formal proceedings, and the state and federal courts located in Delaware will have exclusive jurisdiction over disputes arising out of or relating to these Terms, unless the parties agree otherwise in writing.

14.Changes to Terms

We may update these Terms from time to time. When we do, we will revise the effective date above and, where appropriate, provide additional notice. Your continued use of the Service after an update indicates your acceptance of the revised Terms.

15.Contact

Questions about these Terms can be sent to hello@polyborg.ai.