Terms of Service
Last updated: November 24, 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and DrillerDB LLC ("Company," "we," "us," or "our") concerning your access to and use of the ProPaving website and software application (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
2. Description of Service
ProPaving is a software-as-a-service (SaaS) platform that enables users to measure parking lots and paved areas using satellite imagery. The Service includes:
- Area and linear measurement tools
- Satellite imagery viewing and analysis
- Project management and storage
- PDF report generation
- Team collaboration features
- Intelligent paved area detection
3. User Accounts
To access certain features of the Service, you must register for an account. When you register, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
You must be at least 18 years old to create an account. By creating an account, you represent that you are at least 18 years of age.
4. Subscription and Payment
4.1 Pricing. The Service is offered on a subscription basis at $199 per seat per month. Pricing is subject to change with 30 days' notice.
4.2 Billing. Subscriptions are billed monthly in advance. You authorize us to charge your payment method on file for all applicable fees.
4.3 Seat-Based Licensing. Each seat allows one user to access the Service. Additional seats may be added at any time and will be prorated for the current billing period.
4.4 Refunds. Subscription fees are non-refundable except as required by law. If you cancel, you will retain access until the end of your current billing period.
4.5 Failed Payments. If payment fails, we may suspend access to the Service until payment is received. We reserve the right to terminate accounts with outstanding balances.
5. Acceptable Use
You agree not to use the Service to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Transmit malicious code or interfere with the Service
- Attempt to gain unauthorized access to any systems
- Use automated means to access the Service without permission
- Reverse engineer or attempt to extract source code
- Resell or redistribute the Service without authorization
- Use the Service in any manner that could damage or overburden our infrastructure
6. Intellectual Property
6.1 Our Property. The Service, including all content, features, and functionality, is owned by DrillerDB LLC and is protected by copyright, trademark, and other intellectual property laws.
6.2 Your Content. You retain ownership of any data, measurements, and projects you create using the Service ("User Content"). By using the Service, you grant us a limited license to store, process, and display your User Content solely to provide the Service to you.
6.3 Feedback. Any feedback, suggestions, or ideas you provide about the Service may be used by us without compensation or attribution to you.
7. Third-Party Services
The Service integrates with third-party services, including:
- Google Maps: Satellite imagery and mapping services are provided by Google and subject to Google's Terms of Service
- Stripe: Payment processing is provided by Stripe and subject to Stripe's Terms of Service
We are not responsible for the availability, accuracy, or content of third-party services.
8. Measurement Accuracy Disclaimer
THE MEASUREMENTS PROVIDED BY THE SERVICE ARE ESTIMATES BASED ON SATELLITE IMAGERY AND SHOULD NOT BE RELIED UPON AS EXACT OR SURVEY-GRADE MEASUREMENTS.
Measurement accuracy depends on factors including image quality, image date, user tracing precision, and geographic location. The Service is intended for estimation and bidding purposes only. For legal surveys, property boundaries, or applications requiring certified measurements, you should engage a licensed surveyor.
We make no warranties regarding the accuracy of measurements and disclaim all liability for decisions made based on measurements from the Service.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRILLERDB LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless DrillerDB LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your User Content
12. Termination
12.1 By You. You may terminate your account at any time by canceling your subscription through the billing settings or by contacting us.
12.2 By Us. We may suspend or terminate your access to the Service at any time for any reason, including violation of these Terms, without prior notice.
12.3 Effect of Termination. Upon termination, your right to use the Service ceases immediately. We may delete your User Content after termination, though we may retain certain data as required by law or for legitimate business purposes.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Wisconsin, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Wisconsin.
15. General Provisions
15.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
15.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
15.3 Waiver. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
15.4 Assignment. You may not assign your rights under these Terms without our consent. We may assign our rights at any time.
16. Contact Us
If you have questions about these Terms, please contact us:
See also: Privacy Policy