Terms of Service

1. Who can use the Service

You must be at least 18 years old and use the Service for business or professional purposes. You may not use the Service if the law forbids it, or if we have previously closed your account for breaking these Terms.

2. Accounts and organizations

• Give accurate information when you sign up, keep your sign-in details secret, and tell us promptly at support@onsitecapture.com if you suspect unauthorized use. You are responsible for activity under your account.
• An organization is a shared workspace. Its owner and administrators control its membership, roles and projects. If you join an organization, its administrators can view, change, export and delete content in the organization's projects, including content you created there.
• If you leave an organization or are removed from it, content you created in its projects stays with the organization.
• If you create or administer an organization, you are responsible for its members' compliance with these Terms, for the roles and access you grant, and for removing people who should no longer have access.

3. Your content

• Ownership. You, or your organization, keep ownership of everything you add to the Service: photos, measurements, notes, floor plans and other material ("Your Content").
• Permission you give us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and create derived versions of Your Content, such as thumbnails, previews and exports. This license exists only to operate, secure and improve the Service and to act on your instructions, as described in the Privacy Policy. It ends when Your Content is deleted from the Service, except for copies in backups until they expire and content you have already shared with others.
• Your responsibility. You are responsible for Your Content. You confirm that you have every right, permission and consent needed to collect it, upload it and share it through the Service. That includes photos of people or private property, and personal information about your clients and their sites.
• Other people's information. You are solely responsible for giving every notice and obtaining every consent the law requires before you record, upload or share personal information about other people, such as clients, site occupants, employees and invited customers. Your instructions to us about that information must be lawful.

4. Sharing

The Service lets you share work through organization access, public share links, customer links and email. Anyone who receives a share link can view what it shares, unless you protect it with a password. You choose who to share with, and you can turn off a link at any time. We are not responsible for what recipients do with content you share.

5. Acceptable use

You will not:

• break any law, or infringe or misappropriate anyone's rights, including privacy and intellectual-property rights
• upload malware, or content that is unlawful, harassing or deceptive
• use the Service to surveil or track people without their knowledge
• try to get around security, access limits or rate limits, or access data you are not authorized to see
• reverse engineer the Service, except where the law allows it despite this restriction
• upload sensitive data the Service is not designed to protect, such as government identification numbers, payment card or bank account details, health information, or other people's passwords
• record or photograph people in a way that breaks the law, including where the law requires consent you do not have
• scrape the Service, overload it, or interfere with its operation
• resell or provide the Service to others without our written permission

We may remove content or suspend or end access, with or without notice, if we reasonably believe you broke this section or other parts of these Terms. We are not liable for doing so.

6. Measurements, scans and floor plans

The Service records measurements from your input, from connected laser meters, and from on-device room scanning, and it calculates dimensions and floor plans from them. Accuracy depends on your device, your equipment, site conditions and how the tools are used. These results are a field aid, not a professional survey.

Check any measurement independently before you rely on it to order materials, build, price work, or make an engineering, legal or safety decision. We are not responsible for losses that come from relying on measurements, scans or floor plans produced with the Service.

7. Offline use and syncing

You can capture work without a connection. That work is stored on your device until it syncs to our servers. Work that has not synced cannot be recovered by us if the device is lost or reset, or if the app is deleted. Keep the app connected regularly.

You are responsible for your own backups. The Service is not a backup or archival service. Keep your own copies of anything that matters, and use the export features regularly. We do not guarantee that Your Content will be preserved, available, complete or free of corruption. We are not responsible for Your Content being lost, deleted, corrupted, overwritten, left unsynced or made unavailable for any reason. That includes outages, bugs, sync conflicts, device failure, deletion by you or by anyone in your organization, account suspension or termination, security incidents, and failures of our providers.

8. Third-party services and devices

The Service works with products from other companies. These include Apple and Google platforms, Google Play Services for AR (ARCore), and Bosch laser distance meters. Those products are governed by their makers' own terms, and we are not responsible for them.

9. Fees, payments and refunds

The Service is currently free of charge. If we introduce paid features, we will tell you in advance, and you will choose whether to use them. For any paid feature:

• Payment. You authorize us and our payment processor to charge your payment method for all fees and applicable taxes. Fees are quoted exclusive of taxes unless stated otherwise.
• Renewal. Subscriptions renew automatically for the same period until you cancel. For annual or longer plans, we will email you a reminder before each renewal, with the renewal date, the price, and how to cancel. You can cancel at any time. Cancellation takes effect at the end of the current billing period, and you keep access until then.
• No refunds. All fees are non-refundable and non-creditable. That includes partial periods, unused time, unused features, downgrades, and accounts we close for breach of these Terms. Where the law gives you a refund right that cannot be waived, that right applies instead.
• Price changes. We may change prices for future billing periods after giving you advance notice. If you keep your subscription after the change takes effect, you accept the new price.
• Non-payment. We may suspend or limit access to paid features if a payment fails or is disputed. You are responsible for any collection costs the law allows us to recover.

10. Feedback

If you send us ideas or suggestions, we may use them without owing you anything.

11. Our rights

The Service, including its software, design and branding, belongs to us and our licensors. We give you a personal, non-transferable, non-exclusive, revocable license to use the apps and the Service under these Terms. All rights not expressly granted remain ours.

You acknowledge that a breach of this section or of section 5 could cause us harm that money cannot fix, and that we may seek an injunction or other equitable relief for it, without posting a bond to the extent the law allows, in addition to our other remedies.

12. Changes to the Service

We may change, add or remove features, or suspend the Service for maintenance. If we plan to discontinue the Service entirely, we will give reasonable notice so you can export Your Content.

13. Ending your use

• If you leave. You may stop using the Service and delete your account at any time, as described in the Privacy Policy.
• If we end it. We may suspend or end your access in any of these cases:
  • you break these Terms
  • your use creates a risk for us or for other users
  • the law requires it
• Notice. Where it is reasonable, we will tell you first and give you a chance to export Your Content.
• Your content after termination. After your access ends, we may delete Your Content at any time, subject to the retention periods in the Privacy Policy. We have no obligation to keep it or return it to you.
• No refunds. Ending your access, by you or by us, does not entitle you to a refund of any fees.
• What survives. These sections survive the end of this agreement: 3 (the responsibility part), 5, 6, 7, 9 (payment obligations), and 10 through 22.

14. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. THESE INCLUDE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT CONTENT WILL NEVER BE LOST.

WE DO NOT PROVIDE PROFESSIONAL, ENGINEERING, SURVEYING, LEGAL OR SAFETY ADVICE. FEATURES WE MARK AS BETA, PREVIEW OR EXPERIMENTAL ARE PROVIDED WITHOUT ANY WARRANTY, AND WE MAY CHANGE OR REMOVE THEM AT ANY TIME.

15. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS:

• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITIES, OR LOSS, CORRUPTION OR UNAVAILABILITY OF DATA OR CONTENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
• OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, COMBINED, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE FIRST CLAIM AND (B) US$100. BRINGING MORE THAN ONE CLAIM, OR HAVING MORE THAN ONE PERSON IN YOUR ORGANIZATION BRING CLAIMS, DOES NOT INCREASE THIS LIMIT.
• WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY CAUSED BY THIRD PARTIES, INCLUDING OUR HOSTING, STORAGE, AUTHENTICATION AND OTHER SERVICE PROVIDERS, MOBILE PLATFORMS, INTERNET AND TELECOMMUNICATIONS PROVIDERS, AND LASER METER MAKERS.
• ANY CLAIM RELATING TO THE SERVICE MUST BE BROUGHT WITHIN ONE YEAR AFTER IT AROSE. AFTER THAT IT IS PERMANENTLY BARRED.

You agree these limits are a fundamental basis of the bargain, that they apply even if a remedy fails of its essential purpose, and that we would not provide the Service without them. They apply to us, our affiliates, and our and their directors, officers, employees, contractors, licensors and suppliers. Nothing in these Terms excludes or limits liability for our fraud, or for death or personal injury caused by our negligence, where the law does not allow that liability to be excluded. Some places do not allow some of these limits, or limits on liability for gross negligence or willful misconduct. In those places, they apply only as far as the law permits.

16. Indemnity

You will defend, indemnify and hold harmless us, our affiliates, and our and their directors, officers, employees and contractors against all claims, losses, damages, liabilities, settlements, costs and expenses (including reasonable attorneys' fees) arising from Your Content, from your use of the Service, from your breach of these Terms, from your breach of law or of anyone's rights, or from reliance on measurements or floor plans produced with the Service. We may take over the defense of any claim at your expense, and you will not settle it without our written consent.

17. Governing law and disputes

The laws of the State of Delaware govern these Terms, without regard to conflict-of-law rules. Disputes are resolved by arbitration under section 18. For any dispute that section does not send to arbitration, including a dispute of a person who opted out, each side will first try in good faith to resolve it informally for 30 days after written notice, and then the state and federal courts located in Delaware have exclusive jurisdiction. Either side may still seek urgent injunctive relief in any competent court.

18. Binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

• Arbitration. Except for the exceptions below, any dispute between you and us arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration, not in court, on an individual basis. The arbitrator decides every question about the scope and enforceability of this section. The arbitration is administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures, or its Comprehensive Arbitration Rules and Procedures where those apply, and takes place in Delaware or by video conference. The Federal Arbitration Act governs this section. Judgment on the award may be entered in any court with jurisdiction.
• Class action and jury waiver. You and we each waive the right to a jury trial and the right to bring or take part in a class, collective, consolidated or representative action. The arbitrator may not combine claims or award relief to anyone but the individual party in the arbitration.
• Exceptions. Either side may bring an individual claim in small-claims court, and either side may seek injunctive relief in court to protect its intellectual property or confidential information.
• Informal resolution first. Before starting an arbitration, send written notice of the dispute to the other side's contact address and try to resolve it for 30 days.
• Arbitration fees. If you give us that notice first and your claim is for less than US$75,000 and is not frivolous, we will pay the arbitration filing, administrative and arbitrator fees. Each side pays its own attorneys' fees unless the arbitrator's rules or the law require otherwise.
• Opt out. You may opt out of arbitration by emailing support@onsitecapture.com within 30 days after you first accept these Terms, stating your name and that you opt out. If you do, section 17 governs your disputes.
• Mass filings. If 25 or more similar claims are filed against us by the same lawyers or by coordinated parties, they are decided in batches of no more than 25. JAMS appoints one arbitrator per batch, and filing and administrative fees for later batches are due only when each batch begins. The informal notice step applies to each claimant, and the fee commitment applies to each batch. This term applies only to coordinated filings.
• If this section is unenforceable. If the class action waiver is found unenforceable for a claim, that claim goes to court under section 17 and is not arbitrated. If the mass filings term is found unenforceable, it is severed. The rest of this section stays in effect in either case.

19. App store terms

If you downloaded our app from the Apple App Store:

• The agreement is ours. These Terms are between you and us, not Apple, and we alone are responsible for the app and its content.
• Your license. You may use the app only on Apple-branded devices you own or control, as the App Store usage rules permit.
• Support. Apple has no obligation to provide maintenance or support for the app.
• Warranty. If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). Apple has no other warranty obligation for the app.
• Claims. Apple is not responsible for any claims relating to the app or your use of it. That includes product-liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer-protection or privacy claims.
• Intellectual property. If a third party claims that the app infringes its intellectual-property rights, we, not Apple, are responsible for investigating and resolving the claim.
• Sanctions. You confirm that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and that you are not on any US government list of prohibited or restricted parties.
• Third-party terms. You must comply with any third-party terms that apply when you use the app.
• Apple's rights. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If you downloaded our app from Google Play, Google Play's terms also apply to that download.

20. Copyright complaints

If you believe content on the Service infringes your copyright, send a notice to support@onsitecapture.com that identifies the work and the material, gives your contact details, states your good-faith belief that the use is unauthorized, and states under penalty of perjury that the notice is accurate and that you own or are authorized to act for the owner. We may remove the material and notify the person who posted it. We end the accounts of repeat infringers in appropriate circumstances.

21. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• Severability. If any part is unenforceable, the rest stays in effect.
• No waiver. Not enforcing a part of these Terms is not a waiver of it.
• Assignment. You may not transfer these Terms without our consent. We may transfer them in a merger, acquisition or sale of assets.
• Force majeure. Neither side is liable for delays or failures caused by events beyond its reasonable control, including outages of internet, power or hosting providers, natural disasters, war, labor disputes and government action.
• Export and sanctions. You will not use or export the Service in violation of US export or sanctions laws.
• Third-party links. The Service may link to sites we do not control. We are not responsible for them.
• Notices. We may give you notices electronically, by email or in the app. Legal notices to us must be in writing and sent to the mailing address in section 22, with a copy to the support email there.
• Relationship. You and we are independent parties. These Terms create no partnership, agency, employment or fiduciary relationship.
• Interpretation. No term is read against us because we drafted it. The word "including" means "including without limitation".
• No third-party beneficiaries. Except for Apple as stated in section 19, no one other than you and us has rights under these Terms.
• Headings. Headings are for convenience only.
• Changes. We may update these Terms. We will post the new version with a new effective date, and we will tell you in the app or by email before a material change takes effect. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and delete your account.

22. Contact

Axioric Inc.
8 The Green, Suite B, Dover, DE 19901
support@onsitecapture.com