Terms of Service

1.About these Terms

These Terms of Service (“Terms”) are an agreement between Opulentity LLC, an Arizona limited liability company (“Opulentity”, “we”, “us”), and the person or organization that signs up for or uses Pickbox (“you”). If you accept them for a firm or other organization, you confirm that you have authority to bind it, and “you” means that organization.

You accept these Terms when you accept them at checkout or when activating a workstation, or by using Pickbox. If you do not agree to them, do not use Pickbox.

These documents form part of these Terms:

If you have a signed agreement or order form with us, it controls where it conflicts with these Terms. Otherwise, if these documents conflict, the DPA controls on the processing of personal data, then these Terms, then the other documents.

Pickbox is a business product for professionals. It is not for personal, family or household use, and you must be at least 18 to use it.

2.What Pickbox is

Pickbox is an AI agent for Autodesk Civil 3D. It includes the Pickbox Companion desktop app for Windows, the Pickbox plug-in for Civil 3D, the web console at pickboxcad.com, our cloud API and model gateway, and the related documentation and updates (together, “Pickbox”).

To do a task, Pickbox reads from your open drawing and the project files you point it to, sends that context through our cloud API to an AI model provider, and uses the response to work in your drawing. The Privacy Policy describes this in detail.

You need your own licensed seat of Civil 3D, a supported version of Windows and an internet connection. You are responsible for providing them.

We may add, change or remove features over time.

3.Professional use and review

Pickbox assists licensed professionals. It does not replace them. Every output must be reviewed by the engineer of record, or the other licensed professional in responsible charge of the work, before it is relied upon, sealed, signed, issued, submitted or used for construction.

Opulentity does not provide engineering, surveying or other professional services, and gives no professional certification. Pickbox does not seal, sign, stamp or certify anything. Using Pickbox does not create a professional engagement between you and us.

AI output can be wrong. It can be incomplete, contain errors in geometry, labels, quantities or calculations, or fail to follow your standards, the applicable codes or the conditions on site. This can happen even when the output looks right and even when Pickbox reports that a check passed.

You and your engineer of record remain solely responsible for the work: the design decisions, compliance with codes, standards and permit requirements, and anything you issue, submit or build. You must not present Pickbox output as sealed, certified or professionally reviewed work unless a licensed professional has reviewed it and takes responsibility for it.

4.Accounts, seats and workstations

Give us accurate account information and keep it up to date. Keep passwords and workstations secure. You are responsible for everything done under your account, and for making sure everyone you allow to use it follows these Terms.

Each seat is for one named person. Do not share a sign-in, or let more people use Pickbox than the number of seats you have paid for. Each workstation is enrolled with a device token. Device tokens expire after 90 days and can be revoked.

If you think someone has used your account without permission, tell us straight away at wadehunter@opulentity.com.

On a firm account, the firm’s administrators control the firm’s settings, including content sharing and retention, and which people and workstations can use the account.

5.Plans and included usage

Individual plan

The Individual plan costs $299 per month. It is billed monthly in advance through Stripe and renews automatically each month until you cancel. Your billing month starts on the day your subscription starts.

Each billing month includes $299 of AI usage. Usage is measured in dollars at Pickbox’s published model rates, which are based on the per-token rates the model providers charge for each model. The included amount resets at the start of each billing month. Unused included usage does not roll over and has no cash value.

If a provider changes its prices, or we add a model, we may update our published model rates. Updated rates apply to usage after they are published.

Team and Enterprise

Team and Enterprise plans are sold by agreement or quote, through an order form or invoice that sets out the price, seats, included usage and payment terms. These Terms apply to them unless a signed agreement says otherwise.

Pilot and complimentary accounts

Pilot and complimentary accounts are provided on the terms agreed with you. Where those terms do not cover something, these Terms apply.

6.Extra usage, credit and auto top-up

If you need more than your included usage, you can buy prepaid credit. Credit is priced at 1.20 times the usage it buys, so each $1.20 you pay adds $1.00 of usage. For example, $20 buys $16.67 of usage.

Purchased credit expires 12 months after purchase. It is non-refundable except where the law requires, has no cash value and cannot be transferred.

Usage is taken in this order: first the current month’s included usage, then purchased credit, oldest purchase first. Credit can only be used while you have an active subscription.

Auto top-up

Auto top-up is optional. You choose a threshold and an amount. By turning it on, you authorize Opulentity to charge your saved payment method, without asking you each time, for the amount you chose whenever your balance falls below your threshold.

You receive a receipt for each charge. You can change auto top-up or turn it off at any time. A change applies to charges after you make it. Auto top-up stops when your subscription ends.

7.When usage runs out

If your included usage and credit run out while a task is running, Pickbox lets that task finish, so your drawing is not left half-edited. Finishing it may use up to $20 of usage beyond your balance. That amount is taken from your next included usage or credit. In the rare case a task needs more than that, it pauses between steps, never in the middle of a change to your drawing.

New requests are then paused until your next billing month starts or until you add credit.

8.Payment, taxes and price changes

Payments are processed by Stripe. You authorize us, through Stripe, to charge your payment method for subscription fees, credit, auto top-ups and applicable taxes when they are due. We do not store your card number.

Prices do not include taxes. We collect sales tax and similar taxes where we are required to, calculated through Stripe Tax and shown on your receipt or invoice. You are responsible for all taxes on your purchases other than taxes on our income.

We will give you at least 30 days’ notice of a price change before it applies to you. The new price starts at your first renewal after the notice period. If you do not want to pay it, you can cancel before then.

If a payment fails or an invoice is overdue, we may pause or suspend your account until it is paid.

If you think a charge is wrong, email us at wadehunter@opulentity.com within 60 days of the charge so we can look into it.

9.Cancellation and refunds

You can cancel your subscription at any time from the billing portal in the console, or by emailing us. Cancellation takes effect at the end of the current billing period, and you keep access until then.

We do not give refunds or prorated credits for partial months. Included usage does not roll over. Purchased credit is non-refundable except where the law requires, and expires 12 months after purchase. Unused credit is forfeited when it expires or when your account is closed, except where the law requires otherwise.

The Refunds & cancellation policy has the details.

10.Your content

“Your content” means the drawings, project files, prompts, images and other material that you or your users give Pickbox, and the output Pickbox produces for you, such as drawing changes, labels, scripts and replies.

Your content stays yours. As between you and us, you own your drawings, files and outputs. We do not claim ownership of them.

You give Opulentity a non-exclusive, worldwide, royalty-free license to host, copy, transmit and process your content only as needed to provide, secure and support Pickbox for you, as described in the Privacy Policy and the DPA. If your firm turns on content sharing, this license also covers using the shared content to support you, diagnose problems and improve Pickbox, as the Privacy Policy describes. We do not sell your content.

You confirm that you have the rights and permissions needed to give your content to Pickbox, including having it sent to AI model providers, and that doing so does not break any law, contract or duty of confidentiality, for example to a client.

AI output is generated for each request. Output similar to yours may be produced for other customers, and your ownership of your output does not extend to similar output produced for someone else.

Backups

Pickbox keeps a copy of a drawing before each scripted change so the change can be undone. These copies are not a backup. You are responsible for keeping your own backups of your drawings and project files.

11.Our ownership and your license

Opulentity owns Pickbox, including its software, cloud services, prompts, tools, documentation and improvements, and all intellectual property rights in them. Apart from the license below, these Terms do not give you any rights in Pickbox.

While your subscription is active, we give you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use Pickbox on your enrolled workstations, and to use the console and cloud services, for your internal business purposes, within the seats you have paid for and in line with these Terms. The license ends when your subscription ends.

If you give us feedback or suggestions about Pickbox, we may use them freely, without payment or other obligation to you. This does not give us any rights in your content.

Pickbox and the Pickbox logo are trademarks of Opulentity LLC.

12.Autodesk, AI providers and other third parties

Autodesk and Civil 3D are trademarks of Autodesk, Inc. Pickbox is not affiliated with or endorsed by Autodesk. You need your own licensed Civil 3D seat, and you must follow Autodesk’s license terms when you use Pickbox with it.

Pickbox uses AI models from OpenAI and, when you select a Claude model, from Anthropic. We do not control these providers. Their models can change, become unavailable or behave differently over time. Your use must also follow their usage policies, as the Acceptable Use Policy explains.

Payments are handled by Stripe and demo bookings by Cal.com, under their own terms. We are not responsible for third-party products or services that we do not control.

13.Privacy and data protection

The Privacy Policy explains what we collect and how we use it. The Data Processing Addendum applies when we process personal data in your content on your behalf, and is part of these Terms.

Content sharing is off by default for new accounts. Your firm decides whether to turn it on and how long shared content is kept.

14.Acceptable use

You must follow the Acceptable Use Policy, and make sure your users do. Among other things, it prohibits relying on output without professional review, presenting output as sealed or certified work, reverse engineering Pickbox, getting around usage limits or metering, sharing accounts beyond your seats and misusing the AI models.

15.Beta and preview features

Some features may be labeled beta, preview, pilot or experimental, or offered on a beta update channel. They are provided “as is”, may be less reliable, may change or be removed at any time, and may not be supported. Use extra care with them, especially on live project drawings.

16.Updates and availability

We release updates to the app and plug-in, signed by Opulentity. Some updates are required: older releases can stop working with our cloud services, and you may need to install an update to keep using Pickbox.

We work to keep Pickbox available, but we do not promise that it will be uninterrupted. It depends on the internet, our hosting providers, the AI model providers and Civil 3D, and it may be unavailable during maintenance or outages. Service levels apply only if a signed agreement includes them.

17.Suspension

We may suspend or limit your access to Pickbox, in whole or in part, if:

a payment is overdue;
you or your users break these Terms or the Acceptable Use Policy in a way that could cause harm;
your use creates a security risk, or could harm Pickbox, other customers or our providers; or
the law or one of our providers requires it.

Where practical, we will tell you before we do this, and we will restore access promptly once the problem is resolved. You remain responsible for fees during a suspension caused by non-payment or by your breach.

18.Term and termination

These Terms apply from when you first accept them until your subscription has ended and you have stopped using Pickbox. You can end your subscription by cancelling it, as described above.

We may end your subscription or these Terms:

if you materially breach these Terms and do not fix the breach within 30 days after we tell you about it, or straight away if the breach cannot be fixed or is a serious breach of the Acceptable Use Policy;
if your account stays suspended for non-payment for more than 30 days; or
for any other reason, with 30 days’ notice. If we do this, we will refund the fees you prepaid for the rest of the billing period and the price you paid for any unused, unexpired credit.

When your subscription ends, your license ends and you must stop using Pickbox. We delete your account data as described in the Privacy Policy and the DPA, apart from records we must keep for billing, tax and legal reasons. Files on your own computers stay there until you delete them.

Any part of these Terms that by its nature should continue after they end will continue, including payment obligations already due and the sections on your content, our ownership, the disclaimer of warranties, limitation of liability, your responsibility for claims, governing law and the general terms.

19.Disclaimer of warranties

Pickbox, its output and any beta features are provided “as is” and “as available”. To the fullest extent the law allows, Opulentity disclaims all warranties and conditions, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranties arising from course of dealing or usage of trade.

In particular, we do not promise that Pickbox or its output will be accurate, complete or free of errors, will comply with any code, standard or regulation, or will be suitable for any project. We do not promise that Pickbox will be uninterrupted or secure, or that it will not change, damage or corrupt a drawing or file.

You are responsible for reviewing all output before you use it and for keeping backups of your drawings and files.

20.Limitation of liability

This section limits what Opulentity has to pay if something goes wrong. Please read it carefully.

Damages we do not cover

Opulentity is not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, revenue or business, project delays or delay damages, loss of goodwill, or loss of or damage to data or drawings, arising out of or relating to Pickbox or these Terms, even if we were told that such damages were possible.

Our total liability

Opulentity’s total liability for all claims arising out of or relating to Pickbox or these Terms, taken together, is limited to the fees you paid to Opulentity in the 12 months before the event that gave rise to the claim.

How these limits apply

These limits apply to every kind of claim, whether in contract, tort (including negligence), strict liability or any other legal theory, and even if a limited remedy fails of its essential purpose.

They do not limit liability that cannot be limited or excluded under applicable law. Some places do not allow certain damages to be excluded or limited, so some of these limits may not apply to you, but only to that extent.

Our fees reflect these limits. They are an essential part of the agreement between us.

21.Your responsibility for claims

You will defend Opulentity and its members, employees and contractors against any claim brought by a third party, such as a project owner, client, contractor or authority, and pay the resulting damages, costs and reasonable attorneys’ fees, to the extent the claim arises from:

work or decisions based on Pickbox output, including anything issued, sealed, submitted or built;
your content, including a claim that you did not have the right to provide it; or
a breach of these Terms, the Acceptable Use Policy or the law by you or your users.

We will tell you promptly about the claim, let you control its defense and settlement, and give you reasonable help at your expense. You may not settle a claim in a way that admits fault for us or places obligations on us without our written consent.

22.Export controls and sanctions

You must comply with US export control and sanctions laws when you use Pickbox. You confirm that you are not located in, or organized under the laws of, a country or region subject to comprehensive US sanctions, and that you are not on a US government list of restricted parties. You must not use Pickbox, or allow anyone to use it, in breach of those laws.

23.Changes to these Terms

We may update these Terms. The version and effective date of each update appear at the top of this page.

If we make a material change, we will give you at least 30 days’ notice by email or in the console before it takes effect. Changes that do not reduce your rights, or that the law requires sooner, may take effect earlier. Price changes follow the notice described in Payment, taxes and price changes.

If you keep using Pickbox after a change takes effect, the updated Terms apply. If you do not agree to a change, cancel before it takes effect.

24.Governing law and venue

The laws of the State of Arizona govern these Terms and any dispute arising out of or relating to them or to Pickbox, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction over any such dispute, and both of us consent to the personal jurisdiction of, and venue in, those courts.

If you have a dispute with us, please email us first so we can try to resolve it informally.

25.Notices

We send notices to the email address on your account or show them in the console. An emailed notice is given when we send it, so keep your email address up to date.

Send notices to us by email at wadehunter@opulentity.com. Formal legal notices may also be sent by mail to Opulentity LLC, 7552 East Wethersfield Road, Scottsdale, Arizona 85260.

You agree to receive agreements, notices, receipts and other communications from us electronically.

26.General terms

Entire agreement. These Terms, the documents they include and any signed agreement or order form are the entire agreement between you and us about Pickbox. They replace any earlier agreements or discussions about it. Terms in your purchase orders or similar documents do not apply.
Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate, or as part of a merger, acquisition or sale of all or most of the business or assets related to Pickbox.
Severability. If any part of these Terms is found unenforceable, it will be enforced to the greatest extent possible, and the rest of these Terms stay in effect.
No waiver. If we do not enforce a right, we have not waived it.
Events beyond control. Neither of us is liable for a delay or failure caused by events beyond reasonable control, such as outages of the internet, hosting or AI model providers, natural disasters or acts of government. This does not excuse payment obligations.
Relationship. We are independent contractors. These Terms do not create a partnership, agency, employment or professional engagement.
No third-party beneficiaries. These Terms are for the benefit of you and us only.
Interpretation. Headings are for convenience only. “Including” means “including without limitation”.