These Terms of Service (“Terms”) govern your use of the DirtWorks website (dirtworksge.com), Hive, DirtWorks Field, Peep Sight, Grade Checker, Hummingbird processing, Site Scan and related software and services (together, the “Services”), provided by Walls Industries LLC, doing business as DirtWorks (“DirtWorks,” “we,” “us”). By creating an account, checking the box at sign-up, or using the Services, you agree to these Terms and to our Privacy Policy. If you use the Services for a company, you agree for that company and confirm you may do so.
1. Accounts
You must be at least 18 years old and give accurate information. Keep your password private; you are responsible for activity under your account. Each company workspace (a “Hive”) has one company admin, who controls its users, jobs and sharing and can be changed by the company. DirtWorks keeps a platform superadmin role to operate the Services, provide support and resolve problems, and may access accounts and data for those purposes as described in the Privacy Policy.
2. Free accounts, trials and paid plans
A free account lets you view jobs others share with you and use our free tools. It is not part of any company until you start a Hive or a Hive manager adds you as a seat. A new Hive may start with a free trial period; when a trial ends the Hive becomes view-only until a paid plan starts, and your data is not deleted because a trial ends. Paid plans, prices and usage charges are shown on our pricing page or in a quote, are billed in advance for subscription periods unless stated otherwise, and are non-refundable except where the law requires. We may change prices with at least 30 days’ notice for existing subscriptions. Free viewers who are given access to a job may view it at no cost.
3. Your content
You keep ownership of the drone imagery, plans, CAD files, documents, photos, measurements and other data you upload or create (“Your Content”). You grant DirtWorks a non-exclusive, worldwide, royalty-free license to host, copy, process, convert, display and transmit Your Content only as needed to provide, secure and support the Services and as you direct (for example, sharing a job or publishing a site to the public gallery). You confirm you have the rights to upload Your Content and that it does not violate any law or anyone else’s rights. Content you choose to make public may be viewed by anyone.
4. Acceptable use
Do not misuse the Services: no unlawful content or activity; no uploading malware; no attempts to access accounts, workspaces or data that are not yours; no interfering with or overloading the Services; no scraping, reverse engineering or copying the software except as the law allows; and no reselling the Services without our written permission. Drone flights must follow applicable aviation rules (including FAA Part 107) and property and privacy laws; you are responsible for flights you conduct and the data you collect.
5. Not survey equipment; no professional services
The Services, including Peep Sight, Grade Checker, DirtWorks Field, Hive, Hummingbird and Site Scan, are not survey equipment and are not a survey. They are tools to help construction, estimating and field work. Nothing in the Services is a land survey, engineering design, inspection, certification or professional advice, and using the Services does not create a surveyor, engineer, contractor or other professional relationship with DirtWorks, even where DirtWorks holds a contractor’s license.
Positions from a phone or tablet are approximate. Levels, slopes, grades, cut/fill, elevations, quantities, volumes, surfaces, orthophotos, point clouds, plan overlays, estimates and every other output depend on the data, devices, receivers, control and settings used, and may be inaccurate, incomplete, out of date or wrong. You are solely responsible for checking every measurement, grade, quantity and estimate against project control, approved plans and review by a licensed land surveyor or engineer before relying on it for layout, construction, staking, payment, bidding, safety or any other decision. Use field tools only when it is safe to do so and never while operating equipment or a vehicle.
6. Our intellectual property
The Services, software, designs, content we create, and all related intellectual property are owned by Walls Industries LLC (doing business as DirtWorks) and are protected by copyright, trademark and other laws. DirtWorks, DirtWorks General Engineering, Hive, Hummingbird, DirtWorks Field, Peep Sight, Grade Checker, Site Scan, and their logos and marks are trademarks of Walls Industries LLC. You may not use them without our written permission. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to use the Services for your internal business purposes while your account is in good standing. No other rights are granted. If you send us feedback, we may use it without obligation to you.
7. Content posted by others
Jobs, files, data, measurements, plans, models, comments and other material in the Services may be uploaded, shared or published by other users, companies or the public gallery (“User Content”). DirtWorks does not create, review, verify or endorse User Content and is not responsible or liable for it, including its accuracy, completeness, legality, quality or any errors in it, or for anything done in reliance on it. Each user is solely responsible for the content they upload, share or publish. We may, but are not required to, remove or restrict any content or account at our discretion.
If you believe content in the Services infringes your copyright or other rights, send a notice to the contact below identifying the work, where it appears, your contact information, and a statement that you have a good-faith belief the use is not authorized. We respond to valid notices and may terminate repeat infringers.
8. Third-party products
You may use the Services with equipment, receivers, software or data from other companies. Those products are governed by their own terms; DirtWorks is not affiliated with or responsible for them, and mentions of compatible equipment do not imply endorsement.
9. Availability and changes
We work to keep the Services available and your data safe, but the Services may change, be interrupted or be unavailable at times, and features described as “coming soon” may change or not be released. Keep your own copies of important files. We may update these Terms; if a change is material we will give notice through the Services or by email, and continued use after the effective date means you accept the change.
10. Suspension and termination
You may stop using the Services at any time. We may suspend or end access for breach of these Terms, non-payment, or to protect the Services or others. After termination you may request an export of Your Content within 30 days; after that we may delete it, except where the law requires us to keep it.
11. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, ALL OUTPUTS AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, PRECISION, COMPLETENESS OR RELIABILITY. DIRTWORKS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT DATA WILL NOT BE LOST OR CORRUPTED, OR THAT ANY MEASUREMENT, ESTIMATE, PRICE OR RESULT WILL BE CORRECT. YOU USE THE SERVICES AND RELY ON ANY OUTPUT OR CONTENT AT YOUR OWN RISK.
12. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WALLS INDUSTRIES LLC, DOING BUSINESS AS DIRTWORKS, AND ITS OWNERS, MEMBERS, EMPLOYEES AND CONTRACTORS (TOGETHER, “DIRTWORKS”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BIDS OR BUSINESS, REWORK, OVER-EXCAVATION, FILL, IMPORT OR EXPORT COSTS, DELAY, PROPERTY DAMAGE OR PERSONAL INJURY, ARISING FROM OR RELATING TO THE SERVICES, ANY ERROR OR INACCURACY IN ANY OUTPUT, OR ANY CONTENT POSTED BY OTHERS, EVEN IF ADVISED OF THEIR POSSIBILITY. DIRTWORKS’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES IS LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS.
13. Indemnity
You will defend, indemnify and hold harmless DirtWorks (as defined in the Limitation of liability section) against all claims, losses, damages, costs and expenses (including reasonable attorneys’ fees) arising from Your Content or content you share or publish, your drone operations, your use of or reliance on any output in layout, construction, bidding, payment or safety decisions, your violation of any law or third-party right, or your breach of these Terms.
14. General
These Terms are the entire agreement between you and DirtWorks about the Services. If any part is found unenforceable, the rest stays in effect and that part is enforced to the extent allowed. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, sale or reorganization. Some jurisdictions do not allow certain disclaimers or limits on liability, so some of the above may not apply to you; in that case they apply to the fullest extent allowed.
15. Governing law
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Disputes will be brought in the state or federal courts located in San Diego County, California, and you and DirtWorks consent to their jurisdiction.
16. Contact
Questions about these Terms: justin@dirtworksge.com or PO Box 503873, San Diego, CA 92150.