SiteMetric Terms of Service

These Terms of Service (“Terms”) govern your access to and use of SiteMetric, a construction operations software platform operated by Site Metric Pro LLC(“SiteMetric,” “we,” “us,” or “our”) and available at https://site-metric-pro.com and through our mobile applications (collectively, the “Service”). By creating an account, inviting members, or otherwise using the Service, you agree to these Terms on behalf of yourself and, if applicable, the company you represent.

If you are accepting these Terms on behalf of a company, you represent that you have authority to bind that company. In that case, “you” and “your” refer to the company as well as to you individually.

Our Privacy Policy describes how we collect and handle your information. It is incorporated into these Terms by reference.

SiteMetric provides construction operations software that helps contractors and construction professionals organize costs, build estimates and proposals, track project progress, manage field operations, and collaborate with project partners.

You are responsible for your own project decisions.

• SiteMetric is a software tool. It does not perform engineering, architectural, or construction services, and the outputs it generates are not professional advice.
• You are responsible for reviewing all estimates, proposals, takeoffs, reports, forms, and other documents before relying on them, and for confirming quantities, pricing, scope, and terms for your projects.
• You are responsible for your own safety practices, regulatory compliance, and the compliance of your work with applicable laws, codes, and permitting requirements.
• Documents and forms generated or uploaded through the Service are provided to assist your workflow only. SiteMetric does not represent or warrant that any form or document complies with OSHA or any other regulatory requirement, and use of the Service does not guarantee such compliance.

You must be at least 18 years old and able to form a legally binding contract to create an account. You must provide accurate, complete, and current information for your account and keep it up to date.

An account is created by a company administrator who becomes the account owner. The owner may invite additional members and assign roles within the company account. The owner is responsible for all activity under their account and for ensuring that invited members are authorized to act for the company.

You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us promptly at evan@site-metric-pro.com if you suspect unauthorized access or any security issue. We may suspend access after a suspected breach to protect the account and the Service.

Administrators control which members of their company can access which data through the roles and permissions configured in the Service. SiteMetric relies on those configuration choices; each company is responsible for setting them appropriately.

Certain features of the Service require a paid subscription. Subscription details, including plans, seat counts, and pricing, are presented in the Service at the time of purchase and on our pricing page. By subscribing, you authorize us to charge the selected payment method on a recurring basis until the subscription is canceled in accordance with these Terms.

Payments are processed through our payment provider, Stripe, and are subject to Stripe’s terms and your card issuer’s terms. We do not store your full card details; they are handled by the payment provider.

Cancellations

You may cancel your subscription at any time from the billing section of the Service. Cancellation stops future renewals. Your access continues until the end of the current paid period, after which the subscription does not renew. [EDITABLE — Insert partial-period / mid-cycle cancellation policy, e.g. access until period end vs. immediate].

Refunds

[EDITABLE — Insert refund policy, or state that subscriptions are non-refundable except where required by law]. Any refund entitlements required by applicable law are preserved.

Price changes

We may change subscription fees for future billing periods. When we do, we will provide notice before the change takes effect. [EDITABLE — Insert required notice period for price changes]. The new price applies at the next renewal after notice.

You agree not to:

• Use the Service for any unlawful purpose or in violation of these Terms.
• Upload content that infringes the intellectual property or privacy rights of others.
• Access or attempt to access data that does not belong to your company account.
• Interfere with, reverse engineer, or disrupt the Service or its infrastructure.
• Use the Service to send spam, unsolicited commercial email, or malicious content.
• Resell, sublicense, or rebrand the Service without our written permission.
• Use the Service in a way that could damage, overload, or impair it.

Violations may result in suspension or termination of access under Section 10.

You retain ownership of the project information, documents, plans, estimates, proposals, and other content you submit to the Service (“User Content”). You grant SiteMetric a worldwide, non-exclusive license to host, process, transmit, and display your User Content solely as needed to operate the Service for you.

You are responsible for the accuracy and lawfulness of your User Content and for having the rights to submit it. Project documents uploaded to the Service may include plans, contracts, photos, and other files; you are responsible for ensuring you have the right to share them with the members and collaborators you designate.

Through Project Connect, you may share selected information with external collaborators. You control what is shared and with whom. SiteMetric is not a party to any contract between you and your collaborators and is not responsible for the terms of those arrangements.

The Service, including its software, design, text, features, and branding, is owned by Site Metric Pro LLC and its licensors and is protected by intellectual property laws. These Terms do not grant you any right to use the Service except as expressly permitted here.

“SiteMetric,” the SiteMetric logo, and related marks are marks ofSite Metric Pro LLC. You may not use them without our written permission.

Feedback or suggestions you provide about the Service may be used by us without restriction or compensation, unless separate written terms apply.

The Service may integrate with third-party services, including Google (such as Gmail for sending email from your connected account) and payment providers such as Stripe. Use of a third-party integration is subject to that provider’s terms and privacy practices in addition to these Terms.

When you connect a third-party account, you authorize us to access it according to the scopes you approve. You may disconnect an integration at any time from the Service. SiteMetric does not control third-party services and is not responsible for their availability, changes, or handling of your data once it leaves the Service for their systems.

We strive to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue features with or without notice. Scheduled maintenance, network issues, and events outside our control may cause downtime. [EDITABLE — Insert uptime / service-level commitment if any, or state none is offered].

We may update the Service, add or remove features, and change pricing. When a change materially affects your plan, we will provide notice as described in these Terms.

We may suspend or terminate access if you violate these Terms, create risk or legal exposure for us or others, or fail to pay amounts due. We may also terminate inactive accounts in accordance with our retention practices.

You may close your account at any time from the Service. Upon termination, your right to use the Service ends. [EDITABLE — Insert data-access / export period after termination, e.g. 30 days, or state none]. Provisions that by their nature should survive termination remain in effect, including ownership, disclaimers, liability, and dispute terms.

EXCEPT AS EXPRESSLY STATED HERE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will meet your requirements, that it will be uninterrupted or error-free, or that any estimate, proposal, takeoff, report, form, or other output generated or uploaded through the Service will be accurate, complete, or suitable for your project or for any regulatory purpose.

You are solely responsible for reviewing and validating all outputs before relying on them, and for your own safety practices and compliance with applicable laws and regulations, including OSHA and other workplace-safety requirements. Nothing in the Service is a substitute for qualified professional or legal advice.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Site Metric Pro LLC OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO [EDITABLE — insert liability cap, e.g. amount paid in the prior 12 months, or a stated amount]. THIS LIMITATION APPLIES EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow certain limitations or exclusions, so some of the above may not apply to you. Nothing here limits liability that cannot be limited under applicable law.

You agree to defend and indemnify Site Metric Pro LLC and its affiliates from claims arising out of your User Content, your use of the Service, your violation of these Terms, or your infringement of third-party rights. [EDITABLE — Insert indemnity procedure / notice requirement, or state we will notify you of claims].

We aim to resolve concerns informally. Please contact us at evan@site-metric-pro.com first. If we cannot resolve a dispute, the following will apply:

[EDITABLE — Insert dispute process — e.g. binding arbitration, governing rules (AAA/JAMS), and class-action waiver, or state that disputes will be resolved in court].

These Terms are governed by the laws of [EDITABLE — insert state / jurisdiction, e.g. the State of Delaware, without regard to conflict of laws]. Any action not subject to the dispute process in Section 15 will be brought in the courts located in [EDITABLE — insert venue / county], and you consent to that venue.

We may revise these Terms from time to time. When we do, we will update the “Effective date” at the top and, for material changes, provide notice in the Service or by email. Your continued use of the Service after a change takes effect means you accept the updated Terms.

If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of that right. These Terms constitute the entire agreement between you and Site Metric Pro LLC regarding the Service and supersede any prior agreements on that subject. We may assign these Terms or our rights under them in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent.

If you have questions about these Terms, contact us:

Site Metric Pro LLC
Email: evan@site-metric-pro.com
Website: https://site-metric-pro.com
Mailing address: [EDITABLE — insert official mailing address]