1. Service Description

HEC Bore ("Service," "Platform," "we," "our," or "us") is a software-as-a-service (SaaS) platform designed for horizontal directional drilling (HDD) operations. The Service provides:

• Field data collection and GPS tracking for bore logs
• Project and job management
• Photo and video documentation
• Utility encounter and tie-in tracking
• Equipment and personnel management
• Offline-capable mobile application (iOS and web)
• Administrative dashboard and reporting

2. Intellectual Property

• Our Property: The Service, including its software, design, features, documentation, and all related intellectual property, is owned by HEC Bore and protected by copyright, trademark, and other laws. "HEC Bore" and our logo are trademarks of HEC Bore.
• License to Use: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during your subscription period.
• Restrictions: You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code, except as permitted by law.
• Feedback: If you provide suggestions, ideas, or feedback about the Service, we may use them without obligation to you.

3. Account Registration

To use the Service, you must create an account. By registering, you agree to:

• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials
• Promptly update your information if it changes
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

You must be at least 18 years old and have the legal authority to enter into this agreement on behalf of yourself or your organization.

4. Subscription Tiers and Pricing

The Service is offered in the following tiers:

Pricing is subject to change with 30 days' notice. Existing subscriptions will honor the current rate until the next billing cycle after the notice period.

5. Payment Terms

• Billing Cycle: Subscriptions are billed monthly in advance on the anniversary of your subscription start date.
• Payment Method: We accept major credit cards processed securely through Stripe. You authorize us to charge your payment method for all fees.
• Failed Payments: If payment fails, we will attempt to charge your card again. After 7 days of failed payments, your account may be restricted until payment is resolved.
• Taxes: Prices do not include applicable taxes. You are responsible for any sales, use, or VAT taxes associated with your subscription.

6. Cancellation and Refunds

• Cancellation: You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period.
• No Prorated Refunds: We do not provide prorated refunds for partial months of service.
• Data After Cancellation: Upon cancellation, you will have 30 days to export your data. After this period, your data may be deleted in accordance with our data retention policy.
• Refund Requests: Refund requests for extenuating circumstances will be considered on a case-by-case basis. Contact support within 14 days of the charge.

7. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to any systems
• Share account credentials with unauthorized parties
• Use automated scripts, bots, or scrapers to extract data
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization
• Abuse system resources or interfere with other users
• Misrepresent your identity or affiliation

Violation of this policy may result in immediate account suspension or termination.

8. Data Ownership and Retention

• Your Data: You retain ownership of all data you upload to the Service, including job records, photos, videos, and documentation.
• License to Us: You grant us a limited license to process, store, and display your data solely for the purpose of providing the Service.
• Data Export: You may export your data at any time through the Service's export functionality.
• Retention: We retain your data for the duration of your subscription plus a 30-day grace period. See our Privacy Policy for details.
• Storage Limits: We reserve the right to limit or restrict storage usage that is excessive, abusive, or outside the normal scope of the Service (e.g., storing content unrelated to HDD operations). If we determine your usage exceeds reasonable limits, we will notify you and work with you to resolve the issue before taking any action.

9. Third-Party Services

The Service integrates with or relies upon certain third-party services:

• Google Maps: Used for location and mapping functionality. Your use of map features is subject to Google's Privacy Policy.
• Stripe: Used for payment processing. Your payment information is handled according to Stripe's Privacy Policy.
• Cloudflare: Used for content delivery and security. See Cloudflare's Privacy Policy.

We are not responsible for the practices or policies of third-party service providers. Changes to third-party services may affect the availability or functionality of certain Service features.

10. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. The Service is provided "as is" and "as available."

• Scheduled Maintenance: We may perform maintenance with reasonable advance notice when possible.
• No Uptime Guarantee: Starter, Pro, and Commercial tiers do not include uptime guarantees or service level agreements.
• Enterprise SLA: Enterprise customers may negotiate a separate Service Level Agreement with uptime commitments.
• Offline Functionality: The mobile application includes offline capabilities for field use. Data syncs when connectivity is restored.

11. Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:

• Natural disasters, acts of God, or severe weather events
• War, terrorism, civil unrest, or government actions
• Internet or telecommunications failures
• Third-party service provider outages
• Power outages or utility failures
• Pandemics, epidemics, or public health emergencies
• Cyberattacks, including DDoS attacks

The affected party must provide prompt notice and use reasonable efforts to mitigate the impact. If a force majeure event continues for more than 30 days, either party may terminate the affected services.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.
• Our total liability for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim.
• We are not responsible for the accuracy of GPS data, which depends on device hardware and environmental factors beyond our control.
• We are not liable for decisions made based on data or reports generated by the Service.

13. Indemnification

You agree to indemnify, defend, and hold harmless HEC Bore, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or transmit through the Service

14. Termination

• By You: You may terminate your account at any time by canceling your subscription and requesting account deletion.
• By Us: We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees, or engage in fraudulent activity.
• Effect of Termination: Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will remain in effect.

15. Dispute Resolution

• Informal Resolution: Before filing any formal dispute, you agree to contact us and attempt to resolve the issue informally for at least 30 days.
• Binding Arbitration: Any disputes not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
• Class Action Waiver: You agree to resolve disputes individually and waive any right to participate in class actions or class arbitrations.
• Small Claims Exception: Either party may bring qualifying claims in small claims court.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Texas.

17. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by:

• Updating the "Last updated" date at the top of this page
• Sending an email notification to your registered email address
• Displaying a prominent notice within the Service

Continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service.

18. General Provisions

• Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and HEC Bore regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in full force.
• Waiver: Failure to enforce any right or provision does not constitute a waiver of future enforcement.
• Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Contact Us

If you have questions about these Terms of Service, please contact us: