TERMS OF SERVICE

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the Spotter web application and related services (the “Service”) provided by [Legal Entity Name] (“Spotter,” “we,” “us”). By accessing or using the Service, or by accepting these Terms on behalf of an organization (the “Customer”), you agree to be bound by them. If you do not agree, do not use the Service.

2. Description of the Service

Spotter is a planning and communication tool that lets construction safety professionals author Internal Traffic Control Plans (ITCPs), deliver them as multilingual visual briefings to field crews, and maintain an acknowledgment log. The Service helps document and communicate plans; it does not perform work on a jobsite or monitor real-world conditions.

3. Accounts & Eligibility

You must provide accurate account information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. The Service is intended for business use by professionals; you must be at least 16 years old and authorized to act for the Customer you represent.

4. Customer Responsibilities

The Customer is the controller of all field-worker data it collects through the Service, including worker names and acknowledgment records. The Customer is solely responsible for collecting worker acknowledgments lawfully, including providing any required notices and obtaining any required consents, and for the accuracy of the plans and information it publishes. You agree not to upload content you do not have the right to use.

5. Acceptable Use

You agree not to misuse the Service: no unlawful, infringing, or harmful use; no attempt to breach security, access data you are not authorized to access, or disrupt the Service; no reverse engineering except as permitted by law; and no use that interferes with others' use of the Service.

6. Safety Disclaimer

Spotter is a planning and communication aid only. It does not replace the Customer's own safety program, the professional judgment of a qualified engineer or competent person, on-site supervision, or the Customer's obligations under OSHA and other applicable laws, regulations, and standards.

Plans, conflict indicators, plan-health scores, and any AI-assisted suggestions are informational and may be incomplete or inaccurate. The Customer is responsible for independently reviewing, validating, and implementing all traffic-control and safety measures, and for compliance with all regulatory requirements. Spotter does not guarantee any safety outcome.

7. Intellectual Property

Spotter and its underlying software, design, and content are owned by us and our licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. You retain ownership of the imagery, plans, and other content you submit (“Customer Content”), and you grant us a license to host and process it as needed to provide the Service.

8. Fees

Access to paid features may require a subscription or other fees, as described in an order form or plan you select. Unless stated otherwise, fees are non-refundable and exclusive of taxes. We may change pricing prospectively on reasonable notice.

9. Warranty Disclaimer

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, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure.

10. Limitation of Liability

To the maximum extent permitted by law, Spotter and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to the Service. Our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the amounts you paid us for the Service in the twelve months before the event giving rise to the claim.

11. Termination

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or if necessary to protect the Service or others. Upon termination, your right to use the Service ends; provisions that by their nature should survive (including ownership, disclaimers, and limitations of liability) will survive.

12. Governing Law

These Terms are governed by the laws of [Governing-law jurisdiction], without regard to its conflict-of-laws rules. The courts located in that jurisdiction will have exclusive jurisdiction over disputes, except where applicable law provides otherwise.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate, notify account holders. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms can be directed to [privacy contact email], or by mail to [Company mailing address].