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Terms of Service

Effective Date: January 1, 2025

1. Acceptance of Terms

By accessing or using SiteTwin's website and services, including PointMan software, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

2. Description of Services

SiteTwin provides field-to-cloud GIS mapping solutions, including:

3. Account Registration

To access certain features, you must create an account. You agree to:

4. License and Use Restrictions

4.1 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes.

4.2 Restrictions

You may not:

5. Payment and Billing

5.1 Fees

You agree to pay all fees associated with your account. Fees are non-refundable except as required by law or as expressly stated in these Terms.

5.2 Payment Processing

Payments are processed through Stripe. By providing payment information, you authorize us to charge your payment method.

5.3 Late Payment

If payment is not received by the due date, we may suspend or terminate your access to the services.

6. Data Ownership and Rights

6.1 Your Data

You retain all ownership rights to the data you collect using our services. We do not claim any rights to your field data, photos, or project information.

6.2 Our Rights

We retain all rights to the software, documentation, and any improvements or modifications we make.

6.3 License to Use Your Data

You grant us a limited license to use your data solely to provide and improve our services.

7. Third-Party Services

Our services integrate with third-party services including:

Your use of these third-party services is subject to their respective terms.

8. Warranties and Disclaimers

8.1 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance with reasonable notice.

8.2 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SITETWIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless SiteTwin, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

11. Term and Termination

11.1 Term

These Terms remain in effect until terminated by either party.

11.2 Termination by You

You may terminate your account at any time by contacting us. You remain responsible for any fees incurred before termination.

11.3 Termination by Us

We may suspend or terminate your access if you violate these Terms or for any other reason with reasonable notice.

11.4 Effect of Termination

Upon termination, your right to use the services immediately ceases. You may export your data within 30 days of termination.

12. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and use it only as necessary to perform under these Terms.

13. Intellectual Property

All intellectual property rights in the services, including software, documentation, trademarks, and logos, are owned by SiteTwin, ProStar, or their licensors.

14. Changes to Terms

We may modify these Terms at any time. Material changes will be notified via:

Continued use after changes constitutes acceptance of the modified Terms.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the jurisdiction where SiteTwin operates, without regard to conflict of law principles.

15.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except as required by applicable law.

15.3 Class Action Waiver

You agree that disputes must be brought on an individual basis and not as part of a class action.

16. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You may not use the services in countries subject to U.S. embargoes.

17. Force Majeure

Neither party shall be liable for failure to perform due to circumstances beyond their reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and SiteTwin regarding the services and supersede all prior agreements.

20. Contact Information

For questions about these Terms, contact us at:

SiteTwin
Email: legal@sitetwin.com
Website: Book a call with us


Last Updated: January 1, 2025
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.