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

New organizations may receive a free trial (currently 14 days). Unless you cancel before the trial ends, the trial converts to a paid subscription on the plan you selected, and the applicable fees become due. We may modify or discontinue trials at any time.

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

• Paid plans are billed in advance on a recurring basis through our payment processor (Stripe). 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 on reasonable notice; changes apply at your next renewal.

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.

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 of any individuals who appear in photos you capture. For business customers subject to data- protection laws, a Data Processing Addendum is available on request. We may create and use aggregated or de-identified data (which does not identify you or any individual) to operate and improve the Service.

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.

10. Third-party integrations

The Service can connect to third-party products (for example, Procore or your own webhooks). Your use of those products is governed by their terms, and we are not responsible for their availability or for how they handle data you send to them.

11. 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. You may request an export of Customer Data within a reasonable period before it 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.

12. 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.

13. 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 amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim.

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.

14. Indemnification

You agree to indemnify, defend, and hold harmless Epitaph LLC from 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. We will notify you of the claim, and you will cooperate in the defense; we may participate with our own counsel.

15. Dispute resolution, governing law, and venue

Informal resolution first. Before filing a claim, you agree to contact us at epitaphlabs@outlook.com 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. Any claim must be brought within one (1) year after it arises, to the extent permitted by law.

16. 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.

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.

17. Changes to these Terms

We may update these Terms from time to time. We will revise the “last updated” date above and, for material changes, provide reasonable notice. Your continued use of the Service after an update means you accept the revised Terms.

18. Contact us

Questions about these Terms? Contact Epitaph LLC at epitaphlabs@outlook.com, 203 Pitt St, Leechburg, PA 15656.