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 tools and features that may include:

• Field data collection and map-based location entry for bore logs
• Project and job management
• Photo and video documentation
• Utility encounter and tie-in tracking
• Equipment and personnel management
• Mobile applications and web-based field workflows
• Administrative dashboard and reporting

This list provides examples and is not exhaustive. Features may be added, changed, limited, or discontinued as the Service evolves.

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 Plan and Pricing

New self-service web subscriptions are offered on the Standard plan:

• What counts as a seat: each active office user and each active field worker in your company consumes a seat. Where a field worker is linked to an office user account, that person consumes one seat rather than two. Deactivating a user or field worker releases their seat. A subscription cannot be reduced below 4 seats or below the number of seats currently in use.
• Seat limit: Standard subscriptions may be managed through self-service billing up to 200 seats. Larger arrangements require contacting us for a custom plan.
• What counts as an active job: a job counts when it contains qualifying production data, remains in the active status, and has not been moved to trash. Qualifying production data includes operational records such as bore logs, qualifying field-capture or user-entered location records, utilities, tie-ins, photos, or videos. This is a concurrent limit, not a monthly allowance. There is no cap on how many jobs you may create or complete during a month, only on how many qualifying jobs count as active at the same time.
• Reaching the active-job limit: when you are at your limit, you may continue adding data to jobs that already count as active. The Service may block data that would cause another job to begin counting as active, and may block restoring or reactivating an additional counted job. Creating draft jobs, editing ordinary non-status job details, and managing your account remain available.
• Existing and third-party plans: customers who subscribed under a legacy, Apple App Store, or other plan may remain subject to the pricing, limits, and billing terms shown in their billing account until they migrate, cancel, or agree to different terms.
• Enterprise: custom arrangements are available by separate written agreement. Enterprise terms, limits, and pricing are negotiated directly and may differ from those described here. Contact us if you are interested.

We may change pricing by providing affected customers at least 30 days' notice. Unless otherwise stated in the notice, new pricing applies no earlier than the first billing cycle beginning after the notice period. A separate written agreement may provide different terms.

5. Free Trial

• Trial Period: Eligible new self-service Standard customers may receive a 30-day free trial.
• Payment Method Required: A valid payment method is required to start the trial. You will not be charged during the trial period.
• Automatic Conversion: At the end of the 30-day trial, your subscription converts automatically to a paid Standard plan and the payment method on file is charged for the first billing period, including any additional purchased seats. To avoid being charged, you must cancel before the trial ends.
• Cancelling During the Trial: You may cancel at any time during the trial through your account settings or by contacting support. Cancelling during the trial ends your access at the close of the trial period and results in no charge.
• Trial Data: Data you enter during the trial is retained if you convert to a paid subscription. Canceling or not converting does not itself request account deletion. Your trial data is otherwise handled as described in Section 9.
• Eligibility and Availability: Trials are offered at our discretion and may be limited to one trial per customer, company, or affiliated organization. We may deny, modify, or end a trial where we reasonably suspect ineligibility, duplication, fraud, or abuse.

6. Payment Terms

• Billing Cycle: Subscriptions are billed monthly in advance on the anniversary of your subscription start date, or for accounts that began with a trial, the date the trial ended.
• Payment Method: We accept major credit cards processed securely through Stripe for Standard web subscriptions. Legacy App Store subscriptions are processed by Apple and are also subject to Apple's billing terms. You authorize the applicable payment provider to charge your payment method for all fees.
• Adding Seats: Seats added mid-cycle generate a prorated charge for the remainder of the current billing period. Prorated adjustments are normally reflected on your next invoice, and the seats renew at the full rate on your next billing date.
• Removing Seats: Seats removed mid-cycle are prorated and applied as a credit toward your next invoice. Removing seats does not generate a cash refund.
• Failed Payments: If payment fails, the applicable payment provider may retry the payment and we may ask you to update your payment method. We may restrict or suspend access while amounts remain unpaid and restore affected access after payment is resolved.
• Taxes: Listed prices exclude applicable taxes. Taxes may be added to your charges where required, and you are responsible for applicable sales, use, value-added, or similar taxes associated with your subscription.

7. Cancellation and Refunds

• Cancellation: You may cancel a Standard web subscription at any time through your account settings or by contacting support. Legacy App Store subscriptions must be canceled through Apple. Unless otherwise required by law or a separate agreement, 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.
• Cancellation Is Not Account Deletion: Canceling a subscription stops future renewal but does not automatically request deletion of your account or company data. An authorized company administrator may request a data export or separately request account deletion as described in Section 9.
• Refund Requests: Except where required by law or expressly stated in a separate agreement, fees are nonrefundable. We may consider requests involving extenuating circumstances on a case-by-case basis if you contact support within 14 days of the charge.

8. 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.

9. 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: An authorized company administrator may request an export through the Service's export functionality. Export requests are normally limited to one per company in a 24-hour period, and completed download links normally expire after 7 days.
• Your Own Copies: You are responsible for maintaining your own copies of any data that is important to your business. While we take reasonable measures to back up and protect data, we do not guarantee that data will be preserved, and you should not rely on the Service as your only record of your operations.
• Subscription Cancellation: Canceling a subscription does not itself delete your account or company data. We may retain that data to allow account administration, export, reactivation, legal compliance, dispute resolution, fraud prevention, security, and enforcement of our agreements.
• Account Deletion: An authorized company administrator may separately request deletion of the company account. The request has a 48-hour cancellation period. After that period, we may disable ordinary account access, create a company export, and send a temporary download link to the requesting administrator. The download link normally expires after 7 days.
• Permanent Deletion: After account deletion processing begins, permanent deletion is scheduled after the export has been downloaded and an additional 14 days have elapsed, or no later than 365 days after the account was soft-deleted if the export is not downloaded. Some records may be retained or anonymized where reasonably necessary or required by law. See our Privacy Policy for additional information.
• 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.

10. 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.
• Apple: Used for legacy App Store subscriptions and certain mobile platform services. Apple's handling of information is described in Apple's Privacy Policy.
• Cloudflare: Used for content delivery and security. See Cloudflare's Privacy Policy.
• Sentry: Used for crash reporting, error tracking, and performance monitoring to help us identify and fix issues. See Sentry'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.

11. 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: The Standard plan, including any additional seats, does not include an uptime guarantee or a service level agreement of any kind.
• Enterprise Arrangements: Enterprise customers may negotiate a separate Service Level Agreement with uptime commitments. Absent a signed agreement expressly providing otherwise, no uptime commitment applies.
• Connectivity: The Service generally requires a working internet connection and is not offered as a fully offline system. Some workflows may temporarily preserve drafts or retry unsent records, but you should not rely on those behaviors as guaranteed offline operation. You are responsible for confirming that important records have been saved successfully.

12. 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.

13. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED. NO ADVICE OR INFORMATION OBTAINED FROM US, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. 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.
• The Service allows users to enter latitude and longitude values and place markers on a map. We do not generate, measure, or independently verify those coordinates or marker locations, and we are not responsible for the accuracy of location information entered or selected by users.
• We are not liable for decisions made based on data or reports generated by the Service.
• These limitations apply regardless of the theory of liability and even if we have been advised of the possibility of such damages. Nothing in these Terms limits liability that cannot be limited under applicable law.

15. 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

16. Termination

• By You: You may cancel your subscription as described in Section 7. Canceling a subscription and requesting deletion of your account and company data are separate actions.
• 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: Access under a customer-initiated subscription cancellation ordinarily continues through the end of the paid billing period. Access may cease immediately if we terminate or suspend the account for cause, or when account deletion processing begins. Provisions that by their nature should survive termination remain in effect.

17. 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. Arbitration shall take place in Humboldt County, California, unless the parties agree otherwise.
• 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.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Humboldt County, California, and the parties consent to the personal jurisdiction of those courts.

19. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by one or more reasonable methods, which may include:

• 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

We may require each office-side account user to affirmatively accept revised Terms before continuing to use some or all of the Service. Field workers who use only the field portal are not required to complete a separate acceptance. Otherwise, continued use after the changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

20. 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: