Effective date: {{EFFECTIVE_DATE}}
This is the pilot-stage Terms of Service. The Platform is currently available to a limited group of partner-investor pilots under a separate written pilot agreement. The terms below describe the baseline relationship; the pilot agreement, where it differs, controls.
1. Acceptance
By accessing or using {{OPERATOR_DBA}} (the “Platform”) you agree to these Terms of Service (“Terms”) and the linked Privacy Policy. The Platform is operated by {{OPERATOR_LEGAL_NAME}} (“we,” “us,” or “Operator”).
2. Who can use the Platform
The Platform is a business-to-business tool. Access is granted by your employer or by a pipeline contractor that has entered into a written agreement with us (a “Customer”). Individual end users access the Platform through a Customer account or through an external acknowledgment link sent by a Customer.
You must be 18 or older and authorized by a Customer to use the Platform.
3. Customer authority
The Customer is responsible for the data entered into the Platform on its account, for assigning roles to its users, and for exercising the access controls available within the Platform (notification recipients, project assignments, tool access, archival, role changes). The Customer warrants that it has the right to enter the data it uploads.
4. Acceptable use
You agree not to:
- Submit content that is unlawful, fraudulent, or that infringes on the rights of any third party.
- Use the Platform to harass, threaten, or harm another individual.
- Attempt to bypass authentication, exfiltrate data outside your tenant, probe other tenants, or interfere with the Platform.
- Reverse engineer, decompile, or attempt to extract the source code of the Platform.
- Use the Platform to send unsolicited messages or to scrape data at automated rates.
5. Inspector and operator professional responsibility
The Platform is a tool for organizing, recording, and communicating safety and quality observations. It does not replace the professional judgment, qualifications, training, certifications, or jurisdictional authority of inspectors, welders, supervisors, or operators. You are responsible for making correct professional decisions in the field. We do not certify that any record produced by the Platform satisfies a particular regulatory or contractual obligation; that determination remains with the Customer and the licensed professional involved.
6. Intellectual property
Your content stays yours. The Customer retains all rights, title, and interest in its data, inspection records, photographs, and any other content uploaded to the Platform (the “Customer Content”). The Customer grants us a limited, non-exclusive license to use Customer Content solely to provide the Platform under these Terms and the Customer’s data processing agreement.
The Platform is ours. We retain all rights to the Platform software, design, documentation, and any non-personal aggregate metrics derived from how the Platform is used. Nothing in these Terms transfers any ownership of the Platform itself.
7. Service availability and pilot status
During the pilot, the Platform is provided on an as-is, as-available basis. We do not commit to a specific uptime service level for pilot Customers. We will use commercially reasonable efforts to keep the Platform available during normal business hours and to communicate planned maintenance with advance notice.
A formal service level agreement (SLA) will be made available for general-availability subscribers in the production version of these Terms.
8. Security and data handling
We implement administrative, technical, and physical safeguards described in our Privacy Policy and our standard Data Processing Agreement (DPA). The DPA, signed by the Customer, sets out the binding processor-side commitments including breach notification timelines.
You agree to (a) keep your credentials confidential, (b) enable multi-factor authentication where available, and (c) report unauthorized access to {{OPERATOR_CONTACT_EMAIL}} promptly.
9. Termination
Either party may terminate the relationship in accordance with the written agreement between the Customer and us. We may suspend access to a user account for cause (violation of Section 4, security incident, non-payment by the Customer, or similar). On termination, we will return or delete Customer Content according to the Customer’s instructions and the DPA.
10. Disclaimers
EXCEPT AS REQUIRED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY THE CUSTOMER TO US FOR THE PLATFORM IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE OR (B) ONE HUNDRED U.S. DOLLARS. NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
This Section does not limit liability for fraud, willful misconduct, indemnification obligations, breach of confidentiality, infringement of intellectual property, or other liabilities that cannot be limited by law.
12. Indemnification
The Customer will defend and indemnify us against third-party claims arising from (a) Customer Content uploaded to the Platform, (b) the Customer’s breach of these Terms, or (c) the Customer’s violation of law in connection with the Platform. We will defend and indemnify the Customer against third-party claims that the Platform itself, used as documented, infringes a U.S. patent or copyright held by the claimant.
13. Confidentiality
Each party will protect the other’s confidential information with the same degree of care it uses to protect its own confidential information of similar sensitivity, and not less than reasonable care. Customer Content is treated as Customer’s confidential information.
14. Governing law and disputes
These Terms are governed by the laws of the State of {{OPERATOR_JURISDICTION}}, without regard to its conflict-of-law principles. The parties consent to the exclusive jurisdiction of state and federal courts located in {{OPERATOR_JURISDICTION}} for any action not otherwise subject to arbitration.
Disputes that cannot be resolved by good-faith negotiation within sixty (60) days of written notice will be resolved by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in {{OPERATOR_JURISDICTION}}, by a single arbitrator. Either party may seek injunctive relief in court for matters relating to confidentiality, intellectual property, or unauthorized access without first arbitrating.
15. Changes
We may update these Terms from time to time. The updated effective date will appear at the top of this page. Material changes will be communicated to Customer admins by email.
16. Contact
Questions about these Terms can be sent to {{OPERATOR_CONTACT_EMAIL}}.
This pilot-stage Terms of Service is provided for transparency during the partner-investor pilot. It will be replaced by an attorney-reviewed version before general availability. If a conflict arises between this page and the attorney-reviewed version, the attorney-reviewed version controls. The pilot written agreement between us and the Customer also takes precedence over these Terms where the two differ.