Terms of Service

0. Private Beta — Confidentiality, Non-Use & Non-Compete

The Service is currently offered as a confidential, invitation-only private beta. Access is personal to you, granted by invitation, and non-transferable. You will not share your account, password, or invitation link. We may suspend or revoke your access at any time, for any reason, without notice.

Confidentiality (non-disclosure). The Service — including its existence as a private beta, its features, screens, workflows, designs, data models, pricing, roadmap, and any other non-public information you learn through it (“Confidential Information”) — is our confidential and proprietary information. You will keep it strictly confidential; will not disclose, publish, demonstrate, screenshot, record, or describe it to any third party; and will use it solely to participate in the beta and provide feedback. These obligations continue for three (3) years after your access ends, and indefinitely for information that qualifies as a trade secret.

Non-use / non-circumvention. You will not use the Confidential Information, or anything you observe or learn through your access, to design, develop, fund, advise, or assist any product or venture that competes with the Service, nor to circumvent us in our relationships with any customer, partner, employee, or contractor. This applies during your access and for twelve (12) months afterward.

Non-compete (restrictive covenant). During your access and for a reasonable period afterward, you will not directly or indirectly build, launch, or hold an interest in a competing manpower-management, construction-management, or project-telemetry product that is derived from or enabled by your access to this beta. The parties intend this covenant to be enforced to the maximum extent permitted by applicable law; if any court finds any part overbroad in scope, duration, or geography, that part will be reduced to the maximum enforceable limit rather than voided.

Non-solicitation. During your access and for twelve (12) months afterward, you will not solicit for employment or engagement any of our employees or contractors whom you came to know through the Service.

Feedback. Any feedback, ideas, or suggestions you provide are given freely, and you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

Beta — “as is,” no warranty, no reliance. The beta is pre-release software provided for evaluation. It may be incomplete, change without notice, contain errors, lose or corrupt data, or become unavailable. It is provided “AS IS” and “AS AVAILABLE” without warranties of any kind. Do not rely on it as a system of record or for any business-critical purpose.

Sections on confidentiality, non-use, non-compete, non-solicitation, feedback, and intellectual property survive termination of your access.

1. The Agreement

These Terms, together with any order form, subscription selection, plan-specific terms, our Privacy Policy, Acceptable Use Policy, Cookie Notice, and — where the parties execute one — a Data Processing Addendum, constitute the entire agreement between you and Project Telemetry regarding the Service (the “Agreement”) and supersede all prior proposals and understandings.

If there is a conflict between these Terms and a signed order form or negotiated master agreement, the signed document controls for the subject matter it addresses. Plan-specific limits (for example, seat counts and storage) are part of the Agreement.

2. Definitions

• Account — the credentials and identity through which a person accesses the Service.
• Organization or Org — the workspace-container that holds a Customer's projects, workforce records, and data. Data belonging to one Organization is isolated from every other Organization.
• Seat — a licensed, billable user position within an Organization on a paid plan.
• Collaborator — a person granted limited access to an Organization without occupying a paid Seat, on the terms of the applicable plan.
• Field Employee — a worker whose personnel record (which may include onboarding data such as certifications, driver's license, or Social Security number) is stored in the Service but who is not required to hold a login Seat.
• Customer Data — all data, files, project information, jobsite media, financial records, and personal information that you or your users submit to, or generate within, the Service.
• Administrator — a user with elevated permissions to configure an Organization, manage Seats, and control access.

3. Eligibility & Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is a business tool intended for construction firms, subcontractors, owners, and their personnel; it is not directed to consumers or to children.

Account security

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account. You must provide accurate registration information, keep it current, and notify us promptly at legal@projecttelemetry.com of any unauthorized use or suspected compromise. We are not liable for loss arising from unauthorized use of your Account that results from your failure to safeguard credentials.

Administrators bind the Organization

A person who creates or administers an Organization acts on behalf of the Customer. Administrators may access, export, restrict, or delete Customer Data and manage other users. You are responsible for who you designate as an Administrator.

4. Organizations, Seats & Roles

The Service is organized around Organizations. Each paid plan includes a defined number of Seats and an amount of storage. Role-based access controls determine what each user may see and do — for example, an owner or executive sees portfolio roll-ups, while a foreman sees only their crew and project.

You may not exceed your licensed Seat count or share a single Seat among multiple individuals so as to circumvent Seat-based pricing. Onboarding a Field Employee's personnel record does not, by itself, consume a Seat; promoting a Field Employee to a login user with a Seat does. You are responsible for ensuring every individual who accesses the Service does so under their own Account and in accordance with these Terms.

5. Subscription Plans, Fees & Billing

The Service is offered under several plans, which may include free and paid tiers (for example, a free Collaborator tier with no dedicated container; free Student and Faculty tiers for verified educational use; and paid Professional and Enterprise tiers with defined Seat and storage allowances). Current plan features, limits, and prices are those presented at the point of purchase or in your order form. Additional storage may be purchased as an add-on at the then-current rate.

Charges and payment

Paid plans are billed in advance on a recurring basis (monthly or annually, as selected) through our payment processor. By providing a payment method, you authorize us and our processor to charge all fees for your subscription, including any add-ons, overages, and applicable taxes. Fees are stated exclusive of taxes; you are responsible for all sales, use, VAT, GST, and similar taxes, excluding taxes on our net income.

Auto-renewal

Subscriptions automatically renew for successive terms of the same length unless you cancel before the end of the then-current term. Each renewal is charged to your payment method on file at the then-current price for your plan. We will make renewal dates visible in your billing settings; where required by law, we will provide advance notice of renewal or of a price change taking effect at renewal.

Price changes

We may change subscription prices. A price change applies to your next renewal term and will be communicated in advance. If you do not accept a price change, your remedy is to cancel before it takes effect.

Late or failed payment

If a charge fails or an account becomes past due, we may retry the charge, suspend the Service, downgrade your plan, or terminate the subscription. Amounts not paid when due may accrue interest at the lower of 1.5% per month or the maximum rate permitted by law.

6. Free, Trial, Educational & Beta Offerings

We may offer free tiers, trials, promotional access, educational access, and beta or preview features. These are provided as-is and may be modified, limited, or discontinued at any time. Free and trial usage is subject to the feature and storage limits published for that offering, and we may reclaim inactive free Organizations after reasonable notice.

Educational (Student and Faculty) access is contingent on verification of eligibility and is for non-commercial, instructional use only. Using an educational account to run a live commercial construction operation is a material breach.

Beta features are covered by Section 17.

7. Cancellation & Refunds

You may cancel a subscription at any time from your billing settings or by contacting us. Cancellation stops future renewals; it takes effect at the end of the current paid term, and you retain access until then.

Except where required by applicable law or expressly stated in an order form, fees already paid are non-refundable, and we do not provide refunds or credits for partial subscription periods, unused Seats, or unused storage. If mandatory consumer-protection law in your jurisdiction grants a cancellation or refund right, nothing here limits that right.

8. Customer Data & Ownership

You own your Customer Data. As between the parties, Customer Data — including your projects, schedules, job-cost and financial records, timecards, certified-payroll and prevailing-wage records, jobsite photographs and media, drawings, and workforce and personnel information — belongs to you (or your licensors). We claim no ownership of it.

You are responsible for the accuracy, quality, legality, and appropriateness of Customer Data and for having all rights and consents necessary to submit it to the Service and to authorize our processing of it as described in the Privacy Policy and DPA. This includes obtaining any required notices to, or consents from, your field employees and subcontractors before you upload their personal information (such as Social Security numbers, driver's-license data, or certifications) into the Service.

9. License You Grant Us

You grant Project Telemetry a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, and otherwise use Customer Data solely as necessary to: (a) provide, maintain, secure, and improve the Service for you; (b) prevent or address technical or security problems and enforce our policies; (c) perform the processing you instruct through your use of the Service; and (d) comply with law. This license exists only for as long as needed to provide the Service and ends when Customer Data is deleted, except for residual copies retained in routine backups for a limited period.

We may generate and use aggregated, de-identified statistics that do not identify you, any individual, or any Organization — for example, benchmarking, capacity planning, and product analytics. We will not sell your Customer Data.

10. License We Grant You

Subject to your compliance with the Agreement and payment of applicable fees, Project Telemetry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service for your internal business purposes during your subscription term, up to your licensed limits.

You may not, and may not permit anyone to: (a) copy, modify, translate, or create derivative works of the Service; (b) reverse engineer, decompile, or attempt to derive source code except to the extent this restriction is prohibited by law; (c) resell, sublicense, rent, or provide the Service as a service bureau to third parties except as expressly permitted; (d) access the Service to build a competing product or to benchmark against a competing product; (e) remove proprietary notices; or (f) exceed rate limits or use automated means to scrape or extract data beyond documented APIs.

11. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms. In summary, you must not use the Service to violate law; infringe intellectual-property or privacy rights; upload malware; disrupt or probe the Service or its infrastructure; harass or endanger anyone; or upload personal information you have no right to share. We may remove content or suspend access that violates that policy.

12. Personnel & Third-Party Personal Data

The Service is designed to hold sensitive workforce information, including onboarding data for field employees and subcontractor personnel. Because construction workforce data is sensitive and often regulated, you specifically agree that, for all such data, you: (a) have provided any legally required privacy notices and obtained any legally required consents; (b) have a lawful basis to collect and share it with us; (c) will use the Service's role-based access controls to limit who within your Organization can view sensitive fields; and (d) will not upload sensitive personal information about individuals who are not part of your projects or workforce.

We encrypt certain sensitive identifiers (such as Social Security and driver's-license numbers) at rest, as described in the Privacy Policy. This technical measure supports, but does not replace, your own legal obligations.

13. Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other that is designated confidential or that a reasonable person would understand to be confidential, including Customer Data, non-public Service features, pricing, and security details. The receiving party will use Confidential Information only to perform under the Agreement, protect it with at least reasonable care, and not disclose it except to personnel and contractors bound by confidentiality obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was rightfully known before disclosure, is independently developed, or is rightfully obtained from a third party. A party may disclose Confidential Information if compelled by law, provided (where lawful) it gives prompt notice and reasonable cooperation to contest the demand.

14. Our Intellectual Property

The Service, including its software, user interfaces, data models, documentation, and the “Project Telemetry,” “Virtual Manpower Board,” and “Manpower Curves” names, logos, and other marks, is owned by Project Telemetry and its licensors and is protected by intellectual-property and other laws. Except for the limited license in Section 10, no rights are granted to you. All rights not expressly granted are reserved.

15. Feedback

If you give us suggestions, ideas, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback into our products and services without restriction or obligation to you. Feedback is provided voluntarily and is not your Confidential Information.

16. Third-Party Services & Integrations

The Service may interoperate with third-party products — for example, payment processing (Stripe), email delivery, weather data, mapping, payroll or accounting systems, and cloud storage/infrastructure providers. Your use of a third-party product is governed by that provider's terms and privacy practices, not ours, and we are not responsible for third-party products. If you enable an integration, you authorize us to exchange Customer Data with that provider as needed to operate the integration. We may add, change, or discontinue integrations at any time.

17. Beta & Preview Features

We may make features available on a beta, preview, early-access, or “prototype” basis (collectively, “Beta Features”). Beta Features are experimental, may be unstable or incomplete, may change or be withdrawn, and are provided as-is and as-available with no warranty and no service-level commitment. You use Beta Features at your own risk and should not rely on them for production-critical workflows or as the sole record of important data (for example, offline-sync, importers, or auto-generated financial forecasts). To the maximum extent permitted by law, our liability for Beta Features is excluded.

18. Service Availability & SLA Disclaimer

We strive to keep the Service available and performant, but except where an order form expressly states a service-level agreement (SLA) with defined uptime commitments and credits, the Service is provided without any uptime guarantee. The Service may be unavailable due to maintenance, updates, third-party outages, force-majeure events, or factors outside our control. We may perform maintenance, and we will use commercially reasonable efforts to schedule planned maintenance to limit disruption. Absent a written SLA, service credits are not available and downtime does not entitle you to a refund.

19. Support

We provide support at the level associated with your plan, through the channels we designate. Support does not include on-site services, custom development, data recovery beyond our standard backups, or training unless separately agreed. We may update, patch, and improve the Service on an ongoing basis; some updates may change or remove functionality.

20. Warranties & Disclaimers

Each party represents that it has the authority to enter into the Agreement. Except for that limited representation, and to the maximum extent permitted by law, the Service is provided “AS IS” and “AS AVAILABLE,” and Project Telemetry disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; that results, forecasts, health scores, cost projections, schedule calculations, or compliance outputs will be accurate or complete; or that the Service will meet your requirements or satisfy any legal or regulatory obligation applicable to you. You are responsible for verifying outputs before relying on them for payroll, billing, safety, or contractual decisions. Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.

21. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost goodwill, loss of use, business interruption, or loss or corruption of data, arising out of or relating to the Agreement or the Service, even if advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Except for your payment obligations and your indemnification obligations, each party's total aggregate liability arising out of or relating to the Agreement will not exceed the amounts you paid to Project Telemetry for the Service in the twelve (12) months immediately preceding the event giving rise to the claim (or, for free tiers, US $100). These limitations apply regardless of the theory of liability and are a fundamental basis of the bargain between us. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

22. Indemnification

You will defend, indemnify, and hold harmless Project Telemetry and its officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Customer Data, including any claim that it infringes or misappropriates a third party's rights or violates privacy or data-protection law; (b) your or your users' use of the Service in violation of the Agreement or law; (c) your failure to obtain required notices or consents for personnel or subcontractor data; or (d) a dispute between you and any of your employees, subcontractors, or customers. We will promptly notify you of the claim, give you control of the defense (subject to our right to participate with our own counsel), and reasonably cooperate. You may not settle a claim in a way that imposes obligations on us without our consent.

23. Suspension & Termination

You may terminate the Agreement by cancelling your subscription and ceasing use of the Service. We may suspend or terminate your access, in whole or in part, if: (a) you materially breach the Agreement (including non-payment or violation of the Acceptable Use Policy) and, where the breach is curable, fail to cure it within a reasonable period after notice; (b) your use poses a security risk, may harm us or others, or may subject us to liability; (c) we are required to do so by law; or (d) we discontinue the Service. Where practicable and lawful, we will give notice before suspending. We may immediately suspend access to address urgent security or legal risks.

24. Effect of Termination

On termination, your license to use the Service ends and we may deactivate your Organization. For a limited period after termination (as described in the Privacy Policy and any DPA), you may export your Customer Data using the Service's export tools; after that period, we may delete Customer Data in the ordinary course, subject to retention required by law and residual backup copies that expire on a rolling basis. Provisions that by their nature should survive — including ownership, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution — survive termination.

25. Dispute Resolution & Arbitration

Informal resolution first

Before initiating any formal proceeding, the parties agree to try in good faith to resolve the dispute informally by contacting legal@projecttelemetry.com with a written description of the claim. The parties will negotiate for at least thirty (30) days.

Binding arbitration

If a U.S.-based dispute is not resolved informally, it will be settled by binding arbitration administered by a recognized arbitration provider under its commercial rules, before a single arbitrator, seated in California, and conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or Confidential Information.

Class-action waiver

To the extent permitted by law, disputes will be resolved only on an individual basis; you and Project Telemetry each waive any right to bring or participate in a class, collective, or representative action.

Where mandatory local law prohibits arbitration or class waivers (including for certain non-U.S. users and consumers), those provisions do not apply to you, and disputes will be resolved by the courts identified in Section 26.

26. Governing Law & Venue

The Agreement is governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules, and excluding the U.N. Convention on Contracts for the International Sale of Goods. Subject to the arbitration provisions above, the state and federal courts located in California have exclusive jurisdiction over any dispute not subject to arbitration, and the parties consent to that venue. (Governing law and venue are configurable; a deploying company outside California should substitute its own jurisdiction.) Nothing in this section deprives a consumer of the protection of mandatory laws of their country of residence.

27. Changes to the Service and Terms

We may modify the Service and these Terms from time to time. When we make material changes to the Terms, we will update the “Last updated” date, bump the version, and provide reasonable notice — for example, by email or an in-product notice, and by gating continued access on acknowledgment where appropriate. Changes take effect on the stated effective date. Your continued use of the Service after that date constitutes acceptance. If you do not agree to a change, you must stop using the Service and may cancel.

28. General

• Assignment. You may not assign the Agreement without our prior written consent. We may assign it in connection with a merger, acquisition, reorganization, or sale of assets. The Agreement binds and benefits permitted successors and assigns.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, labor disputes, utility or internet failures, third-party outages, war, terrorism, and governmental action.
• Notices. We may give notice by email to your Account address or through the Service. You give notice to us at legal@projecttelemetry.com.
• No waiver; severability. A failure to enforce a provision is not a waiver. If a provision is held unenforceable, it will be modified to the minimum extent necessary and the rest remains in effect.
• Independent contractors. The parties are independent contractors; the Agreement creates no partnership, agency, or employment relationship.
• Export & sanctions. You will comply with applicable export-control and sanctions laws and will not use the Service in violation of them.
• U.S. government users. The Service is “commercial computer software” provided with only the rights granted to the public under these Terms.
• Entire agreement. The Agreement is the complete and exclusive statement of the parties' agreement regarding the Service.

29. Contact

Questions about these Terms? Contact us at legal@projecttelemetry.com. For privacy questions, see the Privacy Policy and write to privacy@projecttelemetry.com.