Terms of Service

1. Acceptance of these Terms

By creating an account, accepting an invitation, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms, and “you” refers to that organization.

2. Eligibility and accounts

You must be at least 18 years old and provide accurate, complete account information. You are responsible for safeguarding your credentials and for all activity under your account, and you must notify us promptly of any unauthorized use. Administrators are responsible for the users they invite and the roles they assign within their organization.

3. The Service and changes to it

We may improve, modify, add, or remove features of the Service over time. We may also discontinue the Service or a feature; if we make a change that materially and adversely affects your use of a paid subscription, we will use reasonable efforts to notify you. Self-serve plans are provided without a service-level agreement.

4. Free trials

Please read this before you start a trial. This is a paid subscription that begins automatically. New organizations may receive a free trial (currently 14 days). We collect your payment card when you start the trial. Unless you cancel before the trial ends, the trial automatically converts into a paid subscription on the plan you selected, we charge that card the then-current price for your plan, and the subscription renews and charges again at the start of each billing period (monthly or annual, as you selected) until you cancel. The price, the billing frequency, and the date your trial ends are shown to you on the checkout screen before you enter your card, and your trial end date is shown in the app on your billing page.

How to cancel. You can cancel at any time, before or after the trial converts, from Billing in your account, which opens the subscription portal where you can cancel in a few clicks. No phone call, no email, and no retention conversation is required. If you cancel during the trial you are not charged. We may modify or discontinue trials at any time for new sign-ups, which does not affect a trial already in progress.

Trials are limited to one per customer. To enforce this, we keep a one-way hashed record of the email address that used a trial, which persists after an account is deleted; see the Privacy Policy for details. Creating additional accounts to obtain repeat trials is a breach of these Terms.

5. Subscriptions, fees, auto-renewal, and taxes

• Paid plans are purchased and managed on our website and billed in advance on a recurring basis through our payment processor (Stripe). Subscriptions are not sold through in-app purchase in the mobile app. For seat-based plans, charges reflect the number of seats in use.
• Your subscription automatically renews at the end of each billing period (monthly or annual, as selected) at the then-current rate, until you cancel.
• You may cancel at any time through the billing portal in your account. Cancellation takes effect at the end of the current billing period; you keep access until then. Except where required by law, fees already paid are non-refundable, and we do not provide prorated refunds for partial periods.
• If a payment fails, we may suspend or limit the Service after reasonable notice until the balance is paid.
• Fees are exclusive of taxes; you are responsible for any applicable taxes, which may be added at checkout or on your invoice.
• We may change prices or plans. For an increase that would affect you, we will give at least 30 days’ advance notice by email to your account administrators, and the new price applies at your next renewal after that notice, so you can cancel first if you do not want it.
• If we discontinue the Service or your plan for our own convenience while you are paid up, we will refund the unused portion of any fees you have prepaid, calculated from the date access ends.

6. Customer Data and your responsibilities

As between you and us, you (and your organization) own the inspection data, photos, and other content you submit (“Customer Data”). You grant us a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide, secure, and maintain the Service for you and as otherwise instructed by you. This includes sending content you submit to a subprocessor to perform a feature you invoke, for example sending a document or text you upload to our AI subprocessor when you use AI template generation, or sending inspection data to an integration or endpoint your organization configures.

You are responsible for the accuracy and legality of Customer Data and for obtaining all rights and consents required to collect, upload, and process it, including the consent or notice required for any individual who appears in a photo you capture. You know your jobsites, your workforce, and the law that applies to them; we do not, and we have no relationship with the people in your photos. This allocation is between you and us and does not purport to waive any rights those individuals have under applicable law.

Data processing terms. If you are subject to data-protection laws that require a written processing agreement, contact us at privacy@epitaph.llc and we will put a Data Processing Addendum in place with you before that processing begins. The Service is offered only in the United States, as described in our Privacy Policy.

What we do not do with your data. We may create and use aggregated or de-identified data to operate, secure, and improve the Service, provided it does not identify you, your organization, or any individual. We commit that we will not attempt to re-identify it, and we will not sell it. We do not use the content of your inspections, notes, or photos to train AI models, and we do not use Customer Data for advertising.

Media storage, retention, and keeping your own copies. When you add a photo, it is stored as an optimized copy for reporting; we do not retain the full-resolution original file you captured on your device. Photos and attachments are retained only for your organization’s configured retention period (one year by default), measured from when an inspection is completed, after which the underlying files are deleted from the live Service and cannot be recovered by you or by us through the product, while the inspection record (results and notes) is preserved. Deleted files may persist for a period in our encrypted off-site backups, which are used only for disaster recovery; our Privacy Policy explains exactly how that works and how erasure requests are applied to backups. Do not treat deletion from the live Service as a guarantee that no copy exists anywhere for any purpose, and do not rely on it to satisfy a document-retention or litigation-hold obligation. Because we keep encrypted off-site backups for disaster recovery only, the Service is not an archival, backup, or system-of-record service for your media, and we do not guarantee against loss of media. You are solely responsible for downloading and independently retaining your own copies of any photos, attachments, or reports you need to keep, including for legal, regulatory, or record-keeping purposes, before the end of the retention period. The Service provides export tools (PDF, CSV, and individual file download) to help you do so.

Our confidentiality commitment. We will treat Customer Data as confidential. We will not access it except as needed to operate, secure, support, or troubleshoot the Service for you, to comply with law, or as you instruct; we will not disclose it to anyone except the service providers listed in our Subprocessors list, the destinations you direct us to send it to, and as described in our Privacy Policy; and we will not sell it. This obligation survives termination.

Security incidents. If we become aware of a security breach affecting your Customer Data, we will notify your account administrators without undue delay, tell you what we know and what we are doing about it, and cooperate reasonably with the notification obligations you owe to others under applicable law.

7. Acceptable use

You agree not to:

• use the Service in violation of any law or third-party rights;
• upload malicious code or content that is unlawful, infringing, or harmful;
• attempt to gain unauthorized access to the Service, other organizations’ data, or our systems, or probe or circumvent security or access controls;
• scrape, resell, sublicense, or build a competing product from the Service; or
• interfere with or disrupt the integrity or performance of the Service.

8. Intellectual property and feedback

The Service, including its software, design, and content (excluding Customer Data), is owned by Epitaph LLC and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. All rights not expressly granted are reserved.

If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.

9. Inspections are a record-keeping tool, not professional certification

Artifact helps you record, organize, and report inspections. It does not provide engineering, safety, legal, or regulatory advice, and a report generated by the Service is not a professional certification or a guarantee of compliance with any code, standard, or law. You are solely responsible for the conduct of your inspections, the qualifications of your inspectors, and determining whether your inspections satisfy any applicable requirements.

AI-assisted features. The Service offers optional AI-assisted tools, for example drafting an inspection template from a document or checklist text you submit. AI output can be inaccurate, incomplete, or omit items, and is provided only as a starting draft. You are responsible for reviewing and correcting every AI-generated draft before you save or rely on it, and we do not warrant the accuracy or completeness of AI output. AI features do not provide professional advice and do not replace the judgment of a qualified person.

10. Third-party integrations

The Service can connect to third-party products and destinations that your organization chooses to enable, such as Procore, outbound webhooks to endpoints you configure (for example, Jira, Zapier, or Microsoft Teams), and API keys you issue to access your own data. Your use of those products is governed by their terms, you are responsible for the data you direct the Service to send to them, and we are not responsible for their availability or for how they handle that data once it leaves the Service.

11. Apple App Store

The Artifact Field app is made available through the Apple App Store. The following applies to your use of the app on an Apple device, and prevails over any conflicting term to the extent required by Apple:

• These Terms are between you and Epitaph LLC only, not with Apple. Apple is not responsible for the app or its content.
• Apple has no obligation to provide maintenance or support for the app, and no warranty obligation for the app; any claims of non-conformance to warranty are our responsibility to the extent required by law.
• Apple is not responsible for addressing any claims relating to the app, including product liability, legal or regulatory compliance, or consumer-protection claims. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the app infringes intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and are not on any U.S. Government prohibited-parties list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as a user. Your license to use the app is a limited, non-transferable license to use it on Apple-branded devices you own or control, as permitted by the App Store Usage Rules.

12. Term, suspension, and termination

You may stop using the Service and cancel at any time. We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service in a way that risks harm to us or others. On termination, your right to use the Service ends.

Getting your data out. Customer Data is yours, so we will not hold it hostage. For 30 days after your subscription ends, you may request an export of your Customer Data and we will provide it, and we will not delete it in the ordinary course during that window. If we suspend your account for non-payment or a disputed breach, the suspension limits your use of the Service but does not extinguish this export right, and you may ask us for an export while the dispute is open. After the 30-day window, Customer Data is deleted in the ordinary course. Sections that by their nature should survive termination (including Customer Data ownership, fees accrued, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) survive.

13. Disclaimer of warranties

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, error-free, or secure, or that any report or output will meet any legal or regulatory requirement.

14. Limitation of liability

To the maximum extent permitted by law, Epitaph LLC will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenue, data, or goodwill, even if advised of the possibility. Epitaph LLC’s total liability arising out of or relating to the Service will not exceed the greater of (a) the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) one thousand U.S. dollars ($1,000).

What this limit does not cover. Nothing in this section or in Section 13 limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, for our gross negligence or willful misconduct, or under any applicable consumer-protection law that provides otherwise.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case our liability is limited to the greatest extent permitted by law. The parties agree that the limitations in this section are a fundamental basis of the bargain and reflect a reasonable allocation of risk given the price of the Service.

15. Indemnification

You agree to indemnify, defend, and hold harmless Epitaph LLC from third-party claims, losses, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Service, or your violation of these Terms or applicable law, except to the extent the claim arises from our own negligence, willful misconduct, or breach of these Terms.

This obligation applies only if we (a) notify you of the claim promptly enough that your defense is not materially prejudiced, (b) give you sole control of the defense and settlement, except that you may not settle in a way that imposes liability or an admission of wrongdoing on us without our consent, and (c) cooperate with you at your expense. We may participate with our own counsel at our own cost.

16. Dispute resolution, governing law, and venue

Informal resolution first. Before filing a claim, you agree to contact us at privacy@epitaph.llc and try to resolve the dispute informally for at least 30 days.

These Terms are governed by the laws of Pennsylvania, without regard to its conflict-of-laws rules. Unless you and we agree otherwise in writing, the state and federal courts located in Pennsylvania will have exclusive jurisdiction, and you consent to their jurisdiction and venue. Except for claims whose limitation period cannot be shortened by agreement, including claims under consumer-protection or data-protection statutes, any claim must be brought within one (1) year after the claimant knew or reasonably should have known of the facts giving rise to it.

Your local consumer rights come first. Nothing in this section deprives you of the protection of any mandatory consumer-protection provision of the law of the place where you live that cannot be waived by agreement, or of your right to bring a claim in a small-claims court that has jurisdiction, or of your right to complain to a regulator.

Class-action and jury-trial waiver. To the extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and we each waive any right to a jury trial. If a court holds that this waiver cannot be enforced as to a particular claim, then that claim is severed and proceeds in court under the ordinary rules that would otherwise apply to it, including a class or jury if available, while this waiver continues to apply to all other claims between us.

17. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject.

Severability and waiver. If any provision is held unenforceable, the rest remain in effect, and our failure to enforce a provision is not a waiver.

Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

Notices. We may provide notices to you by email or in-product; you may contact us at the address below. No third party is a beneficiary of these Terms, except that Apple and its subsidiaries are third-party beneficiaries of Section 11 as stated there.

Compliance. You represent that you are not subject to applicable trade sanctions and will comply with export-control and sanctions laws. The parties are independent contractors. Section headings are for convenience only.

18. Changes to these Terms

We may update these Terms from time to time, and we will revise the “last updated” date above whenever we do. For a material change, we will give at least 30 days’ advance notice by email to your account administrators or through the Service before it takes effect. Material changes apply only going forward, never retroactively to a dispute that has already arisen. If you do not agree to a material change, you may cancel before it takes effect and we will refund the unused portion of any fees you have prepaid for the period after cancellation. For changes that are not material, such as clarifications, typographical corrections, or a new subprocessor of the same kind, your continued use after the change means you accept it.

19. Contact us

Questions about these Terms? Contact Epitaph LLC at privacy@epitaph.llc, 203 Pitt St, Leechburg, PA 15656.