01Scope and acceptance
These Terms of Service govern use of the Pontian public website, presentations, inquiry forms, and related materials. “Pontian,” “we,” and “us” mean the business operating under the Pontian name. “You” means the visitor or, where applicable, the organization you are authorized to represent.
By accepting these Terms where presented, or using the website after having a reasonable opportunity to review them, you agree to them to the extent permitted by applicable law. If you do not agree, stop using the website. Mandatory rights remain in effect.
Paid services require a separate written agreement. The provisions below addressing client services apply to an engagement only if that agreement expressly incorporates these Terms. Browsing, sending an inquiry, viewing a proposal, or speaking to us does not by itself purchase services or create a service contract.
03Website access and permitted use
We permit you to access the public website and use its materials to evaluate Pontian, understand our work, and communicate with us. You may share links and retain a copy of a publicly provided presentation for that evaluation, preserving credits and notices. Confidential or restricted materials remain subject to their stated restrictions.
Access does not transfer ownership of the website, brand, source code, or presentation materials. You may not sell or republish our materials as your own, use our marks to imply an endorsement, or use the website to build a deceptive copy of our business. Rights of quotation, fair use, accessibility, and other uses permitted by law remain available.
04Acceptable use
You must use the website and any service lawfully and within the access granted to you. You may not:
- Submit spam, fraudulent inquiries, malicious code, threats, or content that unlawfully infringes another person’s rights.
- Bypass verification, access controls, rate limits, or security measures, or attempt to obtain another client’s or user’s information.
- Disrupt the site, overload infrastructure, or conduct intrusive testing without written authorization.
- Use automated collection in a way that disregards access restrictions, infringes rights, or materially harms the service. Ordinary indexing of public pages remains subject to applicable site instructions.
- Use software or AI outputs to make unlawful decisions, commit fraud, or represent unreviewed output as a professional approval or verified fact.
Report suspected vulnerabilities through our contact channel. Reporting a vulnerability does not authorize access to private records, disruption, or disclosure of another person’s information.
05Inquiries and communications
Provide accurate contact details and only the company context needed to explain your request. You retain rights to the information you submit and give us permission to process it to respond and evaluate a possible engagement, as described in our Privacy Policy.
A form confirmation means the submission was accepted by our configured delivery flow. It is not acceptance of an engagement, a promise of a response by a specific time, or confirmation that a proposal has been approved. If delivery is uncertain, use the direct contact options.
Do not submit credentials, regulated records, private client files, or information subject to an NDA through the public form. An inquiry does not itself create an NDA. Agree on confidentiality and a suitable transfer method before sending those materials.
An inquiry permits a relevant response. It does not provide blanket consent to unrelated marketing calls, automated texts, or recurring campaigns. Project messaging and notification systems require the applicable notices and permissions.
06Presentations, demos, and results
Presentations may contain proposed features, fictional records, synthetic data, prepared AI answers, simulated connections, and renderings. A working interface or example does not establish a live integration, production availability, client approval, ownership of a property, or completion of a development.
Property facts and research are attributed to their sources and may change. Availability, title, value, zoning, occupancy, and feasibility require independent verification. A mention of a client, property, vendor, or platform does not imply an endorsement or partnership beyond what we expressly state.
Case studies describe the stated circumstances and do not guarantee a similar result. Forecasts, roadmaps, acceptance targets, timelines, search rankings, inquiry volumes, cost estimates, or savings become contractual commitments only when expressly included in an agreed written scope.
07Client agreements and order of precedence
Each paid engagement must identify the parties, scope, deliverables, fees, dependencies, ownership or licenses, acceptance criteria, support, and termination arrangements in a written proposal, statement of work, or service agreement accepted by both parties. We call those documents the “Client Agreement.”
A signed amendment controls the subjects it changes. A required data processing agreement or business associate agreement controls its specific data protection subject matter. The Client Agreement controls other conflicts with these Terms. A later marketing page or unilateral website revision does not amend an existing Client Agreement.
When the Client Agreement incorporates these Terms, the following service provisions supply defaults only where the Client Agreement is silent. A client-owned application may also have separate terms for its end users. These Terms do not automatically bind those users.
08Scope, delivery, acceptance, and changes
For an incorporated client engagement, Pontian performs the agreed work with reasonable professional care. Features, integrations, migration, training, documentation, and continuing improvements are included only to the extent stated in the scope.
The client supplies lawful access, accurate inputs, a decision-maker, and timely reviews. A delay in those dependencies or an external provider may require a corresponding schedule adjustment, which we communicate. We do not use a delay to silently expand fees or scope.
Acceptance follows the tests and process in the Client Agreement. A request outside the agreed scope requires a written change describing its effect on price, timing, and acceptance. A demo, roadmap item, or informal suggestion is not an approved change order.
Support hours, response times, uptime commitments, backups, recovery objectives, on-site work, and emergency coverage apply only where agreed. The public website does not establish a service-level agreement.
For an incorporated engagement, neither party is responsible for a delay caused by an event outside its reasonable control, provided it promptly informs the other party and takes reasonable steps to reduce the effect. This does not excuse payment for services already received or eliminate data protection and confidentiality duties. The Client Agreement governs any resulting adjustment or termination.
09Fees, third-party costs, and renewal
The Client Agreement determines implementation charges, milestone payments, recurring fees, taxes, payment deadlines, and approved third-party costs. We do not charge for submitting a public inquiry. A proposal or estimate is subject to its stated scope and validity period.
Model usage, hosting, messaging, domains, licenses, and other external services may have separate charges. The client is responsible only for costs authorized under the Client Agreement. We identify any agreed pass-through charges and any markup rather than treating all external costs as automatically included.
Deposits, refunds, cancellation charges, automatic renewal, and recurring-service cancellation follow the Client Agreement and mandatory law. These Terms alone do not authorize automatic billing or establish a nonrefundable deposit. Fee changes require the notice and agreement specified for the engagement.
A client should notify us promptly of an invoice dispute, with enough detail to investigate it, and pay undisputed amounts when due. Any suspension for nonpayment must follow the Client Agreement and applicable notice requirements.
10Client data, software, and intellectual property
The client retains its rights to supplied data, documents, content, business knowledge, and trademarks. It grants Pontian the access and limited use needed to perform the agreed services. That permission does not authorize unrelated reuse, sale, or disclosure of client information.
The Client Agreement must state ownership of custom deliverables, source-code access, account control, any transfer conditions, and the client’s ongoing use rights. A statement that we build “owned software” does not by itself transfer every dependency or pre-existing component.
Pontian retains rights to its pre-existing tools, methods, and reusable components unless expressly assigned. Where a delivered solution includes those components, the Client Agreement must provide the license needed for the agreed use. Open-source and third-party components remain subject to their own licenses. We do not claim exclusive ownership of material we have no right to assign.
Use of a client’s name, logo, confidential work, or nonpublic results in publicity requires its permission. General skills and experience may be reused without disclosing confidential information or copying client-owned material.
11Confidentiality and data protection
For an incorporated engagement, each party protects the other’s nonpublic information identified as confidential or reasonably understood to be confidential. It uses that information for the engagement and shares it only with people who need it and are bound by suitable obligations.
This duty does not cover information lawfully public without a breach, already lawfully known, independently developed, or lawfully received without a confidentiality restriction. A legally required disclosure must be limited to what is required, with advance notice where legally permitted.
The client is responsible for its lawful authority to supply information and grant access. Pontian is responsible for processing it within the agreed instructions and applicable obligations. The parties must establish any required processing, security, breach-notification, and international-transfer terms before personal or regulated data is handled.
Neither party may assume that a generic policy makes a system suitable for patient data, student records, employment decisions, or another regulated use. Those uses require the applicable agreement, permissions, and validated controls. Confidentiality duties continue after termination for as long as the information remains confidential, including protection of trade secrets as required by law.
12AI and human review
AI may produce inaccurate, incomplete, outdated, biased, or unsupported output. Citations and access controls reduce particular risks but do not guarantee correctness. Check material facts against authoritative sources before relying on output.
Authorized professionals and decision-makers remain responsible for engineering, safety, medical, legal, financial, employment, and other consequential decisions. AI drafts do not replace an approval, inspection, professional judgment, or a legally required procedure.
A client engagement must identify approved model providers, permitted data, evaluation requirements, and which actions require human approval. Access to a model does not authorize it to publish documents, message customers, change a source system, or make a binding commitment. Those actions require the authority agreed for the workflow.
Client data must not be used to train a general-purpose model or for another client’s benefit without the appropriate lawful basis and written client authorization. AI output ownership and permissible use depend on the Client Agreement, provider terms, third-party rights, and applicable law. We do not guarantee that an output is unique or eligible for intellectual-property protection.
13Integrations and third-party services
An integration depends on authorized access, source-system capabilities, vendor terms, quotas, and ongoing availability. Providers may change an API, pricing, features, or access rules. We communicate a material effect on agreed work and address it under the Client Agreement.
A working demo does not grant access to a provider or guarantee that a connector can be deployed in your environment. The client must maintain the accounts, licenses, and permissions allocated to it. Credentials must be exchanged through an agreed secure method.
Third-party services, public links, telecom carriers, and property operators have their own terms and practices. We remain responsible for our own contractual duties, but do not control an independent provider’s decisions. We do not guarantee search placement, AI-search inclusion, platform approval, or a specific volume of leads.
14Suspension, termination, and handoff
We may restrict public website access to address abuse, a security risk, or a legal requirement. For a paid engagement, termination rights, notice periods, cure periods, and suspension procedures follow the Client Agreement. Urgent protective action must be limited to what is reasonably needed.
At the end of an engagement, the parties settle amounts lawfully due and complete the agreed export, return or deletion of data, account transfer, and documentation handoff. Third-party retention, legal holds, and license limits may affect that process and must be disclosed.
Continued hosting, maintenance, transition assistance, source-code escrow, continuity packages, and an instance license are included only if the Client Agreement provides for them. Expiration does not erase rights already earned or duties intended to continue, including confidentiality and restrictions on misuse of data.
15Website disclaimers and service warranties
To the extent permitted by law, the public website and informational materials are provided “as is” and “as available,” without implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We do not warrant uninterrupted access or that public information is complete or current.
We may correct or remove website material and change public features. That does not permit us to withdraw a paid deliverable or an express warranty in a Client Agreement. For an incorporated engagement, the reasonable-care duty in these Terms and any express agreed warranties remain in effect.
Nothing excludes a mandatory warranty, consumer remedy, or legal duty that cannot be excluded. Website information is not professional advice tailored to your circumstances.
16Limits of liability
To the extent permitted by law, neither party is liable under these Terms for indirect or consequential loss, lost profits, lost business opportunities, or lost goodwill. Loss recoverable under mandatory law remains recoverable.
For claims arising only from the free public website or informational materials, Pontian’s total liability under these Terms is limited to US $100. Liability for paid services is governed by the Client Agreement. If that agreement incorporates these Terms and supplies no liability cap, each party’s total liability arising from the engagement is limited to the fees paid or payable to Pontian for the affected services during the twelve months before the event giving rise to the claim.
These limits do not apply to fraud, willful misconduct, gross negligence, a client’s payment obligations, death or personal injury caused by negligence where exclusion is prohibited, or any liability that applicable law does not allow the parties to limit. A more specific allocation in the Client Agreement controls the engagement.
17Third-party claims in business engagements
For a business engagement that incorporates these Terms, the client is responsible for third-party claims caused by material it unlawfully supplies or its unlawful use of the delivered service. To the extent permitted by law, it must reimburse Pontian for reasonable defense costs and damages finally awarded or approved in a settlement for those claims.
This responsibility does not extend to a claim caused by Pontian’s own breach, negligence, misconduct, or unauthorized modification. Pontian must promptly notify the client, allow it to manage a reasonable defense, and cooperate at the client’s expense. A settlement that admits wrongdoing by Pontian, imposes a nonmonetary duty on it, or leaves it liable requires its written consent. This provision does not impose an indemnity on an ordinary website visitor.
18Governing law and disputes
For the public website, these Terms are governed by Florida law, excluding conflict-of-laws rules. Subject to mandatory jurisdiction rules, disputes may be brought in the state or federal courts with jurisdiction in Orange County, Florida. A Client Agreement may specify a different law and forum for its engagement.
Contact us with a dispute so the parties can try to resolve it. That request does not prevent a timely court filing, emergency relief, a regulator complaint, or exercise of a statutory right. These Terms do not require arbitration or waive class-action rights.
If consumer or other mandatory law entitles you to protections or a forum where you live, those rights prevail over an inconsistent provision here.
19Changes and general provisions
We may revise these website Terms prospectively and update the revision date. Material changes receive additional notice where required. Changes to an existing Client Agreement require its amendment process and do not occur merely because we edit this page.
If a provision is unenforceable, it is limited or removed to the extent necessary and the remaining provisions continue. Failure to enforce a provision once is not a permanent waiver. An engagement’s transfer, subcontracting, or assignment follows its Client Agreement and applicable law.
These Terms and documents expressly incorporated into a Client Agreement govern their stated subjects. They do not convert an illustrative presentation into a contract, authorize new data processing, or override mandatory law. Electronic signatures and accepted electronic records may be used where legally valid.
20Contact and legal notices
Direct privacy requests and legal notices to Pontian through our contact page. Identify the request as a privacy request or legal notice and describe what you need. Do not send passwords, identity documents, or sensitive records with your initial request.