Terms of Service

1. Acceptance of Terms

By accessing and using Earthwork Tools, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these terms, please do not use our services.

2. Description of Service

Earthwork Tools provides professional surveying and construction software for 3D terrain visualization, stock pile analysis, calibration file conversion, and precision measurements. We reserve the right to modify, suspend, or discontinue any aspect of the service at any time.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Subscription and Payments

Paid subscriptions are billed in advance on a monthly basis. You may cancel your subscription at any time, and cancellation will take effect at the end of the current billing period. Refunds are handled on a case-by-case basis.

5. Acceptable Use

You agree not to use the service for any unlawful purpose or in any way that could damage, disable, or impair the service. You may not attempt to gain unauthorized access to any portion of the service or any systems connected to the service.

6. Intellectual Property

All content, features, and functionality of the service are owned by Earthwork Tools and are protected by international copyright, trademark, and other intellectual property laws. You retain ownership of any data you upload to the service.

7. Limitation of Liability

Earthwork Tools shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the service. Our total liability shall not exceed the amount paid by you for the service in the twelve months preceding the claim.

8. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the service will be uninterrupted, secure, or error-free.

10. Service Availability

Earthwork Tools strives to maintain reliable and continuous access to the service. However, the service may occasionally experience interruptions, delays, maintenance periods, or outages due to factors including but not limited to software updates, infrastructure maintenance, third-party service failures, internet connectivity issues, or unforeseen technical problems.

Earthwork Tools does not guarantee uninterrupted or error-free operation of the service. Temporary service interruptions or downtime shall not constitute a breach of these Terms and do not entitle users to refunds, credits, compensation, or damages except where required by applicable law.

Earthwork Tools reserves the right to perform scheduled maintenance, upgrades, or infrastructure improvements that may temporarily affect service availability. Whenever reasonably possible, notice of planned maintenance will be provided in advance.

11. Engineering and Construction Disclaimer

Earthwork Tools provides software for visualization, conversion, and analysis of construction, surveying, and earthwork-related data including calibration files, CAD models, terrain models, and measurement data. The software is intended for informational and technical assistance purposes only.

Users are solely responsible for verifying all measurements, coordinates, calibration parameters, and engineering data before use in construction, surveying, machine control systems, or any field operations. The services provided by Earthwork Tools do not constitute engineering, surveying, or professional construction advice. Users should consult qualified professionals before relying on data produced by the software for engineering, construction, or surveying decisions.

Earthwork Tools LLC shall not be responsible for construction errors, survey inaccuracies, equipment damage, financial losses, project delays, or other damages resulting from the use of the software or reliance on its outputs.

12. Data Storage and File Uploads

Users may upload files and data to the Earthwork Tools platform in order to use the services provided. Users retain ownership of all files, models, and data uploaded to the platform. By uploading content, users grant Earthwork Tools a limited license to process, analyze, and store the data solely for the purpose of providing the services requested.

While Earthwork Tools implements reasonable security and storage practices, the platform does not guarantee permanent storage or preservation of uploaded files. Users are responsible for maintaining their own backups of all files, models, and data uploaded to the service.

Earthwork Tools LLC shall not be liable for loss, corruption, deletion, or failure to store uploaded files or user-generated data.

13. Security and Unauthorized Access

Earthwork Tools implements industry-standard security measures to protect user data and platform integrity. However, no internet-based service can guarantee absolute security. By using our services, you acknowledge and accept the inherent risks associated with transmitting data over the internet.

Earthwork Tools LLC shall not be liable for any damages, losses, or unauthorized access to your account or data resulting from: (a) hacking, cyberattacks, or other malicious activities by third parties; (b) security breaches beyond our reasonable control; (c) interception of data during transmission; (d) unauthorized access resulting from compromised user credentials; or (e) actions of third-party service providers.

In the event of a security incident affecting user data, Earthwork Tools will make reasonable efforts to notify affected users and take appropriate remedial action in accordance with applicable law.

14. User Account Security

You are responsible for maintaining the confidentiality and security of your account credentials, including your password. You agree to: (a) use a strong, unique password; (b) not share your login credentials with others; (c) immediately notify Earthwork Tools of any unauthorized access or suspected security breach; and (d) log out of your account when using shared or public devices.

Earthwork Tools LLC shall not be liable for any loss, damage, or unauthorized activity resulting from your failure to protect your account credentials or from unauthorized access to your account caused by compromised, stolen, or shared credentials. You are solely responsible for all activities that occur under your account.

15. Third-Party Services and Integrations

Earthwork Tools may utilize third-party services, cloud infrastructure providers, payment processors, and other external services to deliver and support the platform. Earthwork Tools LLC shall not be liable for any disruptions, data breaches, service failures, or damages caused by third-party service providers, including but not limited to hosting providers, authentication services, payment processors, or content delivery networks.

Users acknowledge that third-party services are subject to their own terms of service and privacy policies, which are outside the control of Earthwork Tools.

16. Indemnification

You agree to indemnify, defend, and hold harmless Earthwork Tools LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the service; (b) your violation of these Terms; (c) your violation of any rights of another party; (d) your uploaded content or data; or (e) any unauthorized access to your account.

17. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of Colorado, United States, without regard to its conflict of law provisions.

18. Changes to Terms

We reserve the right to modify these terms at any time. We will notify users of any material changes by posting the new terms on this page and updating the "Last updated" date.

19. Contact Us

If you have any questions about these Terms of Service, please contact us at legal@earthworktools.com

Earthwork Tools LLC
Colorado, United States