PipeTech Terms of Service

Last Updated: July 1, 2025

Please read these Terms of Service (“Terms”) carefully before using any PipeTech web-based applications or services (“Services”). By signing up for an account, accessing any of the Services, or agreeing to a quote, invoice, or contract that references these Terms, your organization accepts and agrees to be bound by this Agreement. In these Terms, “you” or “Customer” refers to your organization. Individual employees or contractors using the Services must do so only as authorized by their organization and in accordance with these Terms. If you do not agree with these Terms, do not access or use the Services.

1. Overview of PipeTech Services

PipeTech Services: PipeTech Services include software-as-a-service applications provided by Industrial Technology Group, LLC (“Company,” “we,” or “us”) for managing and sharing infrastructure inspection data and related services, including but not limited to PipeTech Hub. We host and operate these applications for remote access by our customers over the internet. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.

Modifications: We reserve the right to add, change, or remove features of the Services at any time. We may also update these Terms occasionally and will notify you by posting the revised Terms with a new effective date. Continued use of the Services after updates means you accept the revised Terms.

Third-Party and Related Software: The Services may integrate with third-party software applications, platforms, or services ("Third-Party Services"), as well as our related desktop software (e.g., Inspect and Sync). Use of any Third-Party Services or related software is governed by their separate license agreements or terms of use, and we are not responsible for their content, functionality, availability, or any liabilities arising from their use. Your use of such software or services is at your own risk. These Terms apply solely to your use of the Services.

2. Accounts and Authorized Use

Authorized Users – Single Organization Use: PipeTech accounts are intended for use by a single organization. You agree to use your account only for yourself or your organization’s internal team. Each user login may only be used by one person within your organization. You may not share your account or credentials with users from another company or allow multiple organizations to operate under one account. In other words, you cannot use the Services as a service bureau or to provide services to third parties as if they were part of your account. Any attempt to share an account among separate entities is a violation of these Terms.

Third-Party Access and Sharing: We understand you may need to share data with clients, subcontractors, or partner organizations. The Services may offer features that allow you to grant limited access to specific inspections or project data to third parties. You may use these sharing features to deliver results to your client or permit a partner to view relevant data. However, any third party accessing your data through such features is not considered part of your account’s organization. They may be required to accept these Terms or have their own PipeTech account for access. You are responsible for ensuring that any data sharing complies with all applicable laws and that the recipients only use the data as authorized.

Account Registration and Security: You must provide accurate and complete information when creating an account. Maintain the confidentiality of your login credentials and restrict access to authorized users only. You agree to notify us immediately of any unauthorized use of your account or breach of security. We are not liable for any loss or damage arising from your failure to secure your account, including any unauthorized access.

Acceptable Use: You and your users agree to use the Services only for lawful purposes and in compliance with these Terms. You will not, for example:

• Use the Services to engage in illegal activities or to transmit unlawful content.
• Upload any content that infringes or misappropriates intellectual property rights or violates privacy or other rights of any party.
• Share viruses, malware, or any harmful code via the Services.
• Attempt to interfere with the normal operation and security of the Services, or access other customers’ data without authorization.
• Attempt to reverse engineer, copy, or create derivative works from the Services.
• Use the Services to compete with us or to develop a competing product.

If we suspect any unauthorized or prohibited use, we may suspend or terminate your access after notice (and, where feasible, a chance to remedy the issue).

3. Customer Data and Intellectual Property

Your Data: “Customer Data” means any data, content, files, or information you or your users upload to the Services or create within the Services. You retain all rights and ownership in your Customer Data. We do not claim ownership of your content. Subject to the licenses granted in these Terms, your data belongs to you.

License to Us: In order to provide the Services, we need certain rights to your data. You hereby grant us a worldwide, non-exclusive, royalty-free license to host, store, transfer, process, and display your Customer Data for the purpose of operating and maintaining the Services and associated services. This includes the right to make backup copies of your data, to send it through networks, or format it as needed to provide features (e.g. to display it to your users or those you share it with).

Service Improvements (Including AI Training): To help make the Services better over time, you grant us and our trusted partners the right to use your Customer Data to improve and enhance our products and services. This may include analyzing patterns or content in the data to develop new features or improve system performance, including training and refining AI or machine learning models. We do not share your raw data with other customers or make it publicly available, and all usage of your data will follow our Privacy Policy and applicable law.

Data Privacy and Compliance: We take privacy seriously. Our use of Customer Data is further detailed in our Privacy Policy, which is incorporated by reference. You represent that you have obtained all necessary permissions and lawful rights to upload or share the data you use in the Services. Do not upload sensitive personal data unless you have the legal right to do so and appropriate safeguards are in place. If you’re subject to specific data protection laws (such as government data regulations), you are responsible for notifying us and making appropriate arrangements. We will implement commercially reasonable security measures to protect Customer Data, but you acknowledge that no system is perfectly secure and that hosting data online involves risks of unauthorized access or disclosure.

Data Sharing and Ownership Clarification: When you share data with others via the Services’ features, you grant them a right of access but do not automatically transfer ownership. Similarly, if another organization shares data with you through the Services, they retain ownership unless explicitly agreed otherwise. Any transfer of data ownership must be separately agreed upon between the involved parties. Each party is responsible for its own compliance with applicable laws and these Terms regarding the use of shared data.

Suggestions and Feedback: If you provide us with feedback, suggestions, or ideas to improve the Services, you grant us a royalty-free, perpetual license to use and incorporate your feedback without any obligation to you. This helps us continually enhance our services.

4. Service Availability and Support

Uptime and Maintenance: We strive to keep the Services available and running smoothly, but we do not guarantee 100% uptime. From time to time, the Services may be inaccessible due to scheduled maintenance or updates, or unscheduled outages (for example, due to technical issues or events beyond our control). We will try to schedule maintenance during off-peak hours when possible and, for scheduled maintenance, to provide advance notice. You acknowledge that you may experience occasional downtime or disruptions. We are not liable for any losses or damages due to Service unavailability, but we will use reasonable efforts to restore service as soon as practicable.

Data Backup: We perform regular backups of the Services’ databases and Customer Data to help protect against data loss. While we strive to ensure the safety of your data, we encourage customers with specialized or critical data retention requirements to implement supplemental backups or replication methods. Please contact us if you'd like guidance on best practices for managing additional data safeguards. In the unlikely event of data loss, our responsibility will be limited to restoring data from our latest available backups and promptly notifying you of the situation. (See Limitation of Liability regarding our liability cap for data loss.)

Support: An active, paid subscription includes standard Software Assurance, under which we will make good faith efforts to assist with any issues you encounter. Premium Software Assurance, including specific service-level agreements (SLAs), is available upon request and will be detailed in a separate agreement or your order.

Service Changes: We reserve the right to modify or discontinue any part of the Services. We may add new features that enhance the product, or remove or change features that are outdated or not widely used. If we discontinue any of the Services in its entirety, we will provide advance notice and allow you to export your data. We will not be liable for any impact of modifying or ending any Services feature.

5. Fees and Payments

Orders and Fees: Your subscription fees, user limits, data storage limits, and other commercial terms are as set forth in your Order Form, Quote, Invoice or contract with us (collectively, the “Order”). You agree to pay all fees according to the Order and any invoicing terms. Unless otherwise specified, subscriptions are billed annually or monthly in advance.

Taxes: Fees are exclusive of any applicable taxes. You are responsible for any sales, use, VAT, or similar taxes required by law, except taxes on our income. If you are tax-exempt, you will provide us with appropriate documentation.

Late Payment: If payment is not received on time, we reserve the right to suspend your access to the Services after giving notice and an opportunity to cure. Overdue amounts may accrue interest at the rate of 2% per month (or the highest rate allowed by law, if lower). You will be responsible for reasonable costs of collection for late payments.

No Refunds: Except as expressly provided in these Terms or required by law, payments are non-refundable. For example, if you cancel your subscription early, or if we terminate your account due to your violation of these Terms, you will not receive a refund for the remaining subscription period.

Trials and Beta Features: If you are using the Services on a trial basis or accessing a beta/preview feature, those are provided “AS IS” without any warranty. We may terminate a trial or beta access at any time, and we do not guarantee that beta features will make it into the final product. During a trial, you might experience limits in functionality or support. Please be careful when using beta features with important data; we are not liable for any issues arising from experimental features.

6. Security and Data Protection

Security Measures: We implement commercially reasonable technical and organizational measures to secure Customer Data against unauthorized access, loss, or theft. However, you acknowledge that no method of storage or transmission is completely secure or error-free. We cannot guarantee absolute security.

Your Responsibilities: You are responsible for managing permissions within your account (e.g., which of your users have access to certain data) and for safeguarding your login credentials. Use a strong, unique password and limit access to those in your organization who need it. You should also ensure that your own systems and networks that connect to the Services are secure and free of viruses or malware.

Security Breach and Notification: In the event of a data breach or security incident affecting your Customer Data, we will notify you as required by law. We will investigate promptly and take reasonable steps to mitigate any damage. You acknowledge that we are not liable for damages resulting from a security breach or unauthorized access unless caused by our willful misconduct. You agree to maintain proper security practices (such as securing passwords or API keys); failure to do so may limit our liability and increase your own responsibility in the event of a breach.

Data Privacy: The Services are not intended for processing personal data. However, if we do process any personal data on your behalf while providing the Services, we will do so in accordance with applicable data protection laws and our Privacy Policy. We will not sell your personal information. If we engage third-party subprocessors (such as cloud hosting or analytics providers), we will ensure they have appropriate measures in place to protect your data. By using the Services, you agree to our data practices as described in these Terms and our Privacy Policy. If you require a separate Data Processing Agreement (DPA) due to GDPR or other laws, please contact us.

7. Confidentiality

(If a separate Non-Disclosure Agreement or confidentiality clause in your contract exists, that will apply. In the absence of a separate NDA, the following terms apply to how we handle each other’s confidential info.)

Definition: “Confidential Information” means any non-public information disclosed by one party to the other that is designated as confidential or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure. Your Confidential Information includes your Customer Data (to the extent it is not public). Our Confidential Information includes the Services’ software and documentation (to the extent not publicly available), as well as any non-public business, technical, or financial information we provide to you.

Protection: The receiving party will use the same degree of care to protect Confidential Information as it uses to protect its own confidential information of similar nature, but no less than a reasonable standard of care. Confidential Information will only be used for the purpose of fulfilling the obligations of this Agreement and will not be disclosed to anyone except the receiving party’s personnel or contractors who need to know it and are bound to confidentiality obligations.

Exclusions: Information is not considered confidential if it: (a) is or becomes public through no fault of the receiving party; (b) was known to the receiving party before disclosure without confidentiality obligations; (c) is received from a third party without breach of any duty; or (d) is independently developed by the receiving party without reference to the disclosing party’s information.

Compelled Disclosure: If the law or a valid court/government order requires the receiving party to disclose Confidential Information, it may do so, but it should if legally permissible give prompt notice to the disclosing party and cooperate (at the disclosing party’s expense) in any effort to limit or contest the disclosure.

Return/Destruction: Upon termination of the Agreement or upon request, each party will return or destroy the other’s Confidential Information in its possession. However, we may retain copies of Customer Data as required for legal compliance, backup, archival purposes, or as otherwise described in these Terms. Any retained Customer Data will continue to be protected in accordance with these Terms.

8. Warranties and Disclaimers

By Customer: You represent and warrant that you have the legal right to enter into this Agreement and to use the Services. You further warrant that you will use the Services in compliance with all applicable laws and regulations, and that you have obtained all necessary consents and rights for the data you upload. If you are a municipality or government user, you confirm that you have followed any applicable requirements necessary to use this Service.

By Company: We warrant that we have the right to provide the Services and that we will do so in a professional and workmanlike manner. We will make reasonable efforts to ensure that the Services are free of viruses or harmful code (beyond typical internet risks) and that we won’t knowingly introduce malware. However, we do not warrant that the Services will be uninterrupted, error-free, or meet all of your requirements. We provide the Services on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied, to the fullest extent permitted by law. This means we specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume all risk for any use of the Services. No information or advice (oral or written) given by us or our representatives shall create any warranty not expressly stated in these Terms.

Beta Features: If you access any beta or experimental features, you understand those are provided “AS IS” for evaluation and feedback, without any warranty or liability on our part.

Downtime and Data Integrity: We do not warrant that your data will never be lost or corrupted. While we take precautions with backups and security, any data transmitted or stored on the Services is at your own risk. You are responsible for maintaining separate backups if needed. We make no guarantee that data loss will not occur.

Some jurisdictions do not allow certain warranty disclaimers. If legally required, some of the above disclaimers may not apply to you. In such case, our warranties will be limited to the minimum warranty required by law.

9. Limitation of Liability

Indirect Damages: To the maximum extent permitted by law, in no event will Industrial Technology Group, LLC (or its officers, employees, or affiliates) be liable to you for any indirect, consequential, special, incidental, or punitive damages arising out of or related to the Services or these Terms. This exclusion includes, without limitation, damages for lost profits, lost revenue, lost business opportunity, loss of goodwill, business interruption, or loss/corruption of data. It applies even if we have been advised of the possibility of such damages, and regardless of the legal theory (contract, tort, or otherwise). The Services are a tool to aid your productivity, but you are responsible for any results obtained from their use. We will not be liable for claims or losses arising from your use of the Services, such as delays or mistakes in delivering reports, decisions you make based on the Services data, or any downtime that impacts your operations.

Liability Cap: Our total cumulative liability to you for any and all claims arising under or related to this Agreement or the Services will not exceed the amount you have paid us for the Services in the 12 months immediately prior to the event giving rise to the claim. If you have paid us no fees, our total liability shall not exceed USD $100. This cap applies to all causes of action in the aggregate (not per incident) and is the maximum for which we are collectively responsible.

Clarifications: The limitations above apply to any cause of action, whether based in contract, warranty, negligence, strict liability, or any other theory. They also apply to our technology providers and subcontractors as intended third-party beneficiaries. You acknowledge that this limitation of liability is a fundamental part of the agreement between us and that without it, the fees charged would be higher (or we would be unable to offer the Service).

Exceptions: Nothing in these Terms is intended to exclude or limit liability for gross negligence, willful misconduct, or fraud by us, or for any other liability that cannot be excluded under law. In addition, if applicable law (such as certain consumer protection laws) does not allow the exclusion of certain warranties or the limitation of certain damages, those provisions of law will govern to the extent they apply.

10. Indemnification

You agree to indemnify, defend, and hold harmless Industrial Technology Group, LLC and its affiliates, officers, employees, and agents from and against any third-party claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Customer Data you submit (for example, a claim that content you uploaded infringes someone’s intellectual property or privacy rights); (b) your use of the Services in violation of these Terms or applicable law; or (c) your breach of any representation or warranty in this Agreement. This indemnity includes claims brought by your clients or partners if you share data with them via the Services and they allege some loss or damage due to that data or its use. We reserve the right, at our option, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations), in which case you agree to cooperate with our defense strategy.

If any third-party claim is brought against you alleging that the Services, when used as authorized, infringes that party’s U.S. intellectual property rights, you must notify us promptly. We will then, at our cost, defend you against the claim and indemnify you from the resulting costs and damages awarded by court (or agreed in settlement) that are attributable to such claim, provided that: (i) you promptly notify us in writing of the claim; (ii) we have sole control of the defense and all related settlement negotiations; and (iii) you provide cooperation and assistance in the defense as reasonably requested. If the Services are found or likely to infringe, we may choose to modify it, replace it with a non-infringing equivalent, or terminate your subscription and provide a refund for unused fees. This paragraph states our entire liability and your sole remedy for any intellectual property infringement by our Services.

11. Term and Termination

Term: This Agreement begins when you first accept it (or first use the Services) and continues for as long as you have an active subscription or account with us. Each subscription plan may have an initial term (e.g., one year) and will renew as per the Order (for example, automatically month-to-month or year-to-year) unless either party gives a notice of non-renewal as required.

Termination by You: You may terminate this Agreement by canceling your subscription and ceasing all use of the Services. For paid plans, any termination prior to the end of a subscription term may not entitle you to a refund (see Section 5 on Fees). If you wish to delete your account and data, you should contact us or use available in-app features to do so.

Termination or Suspension by Us: We may suspend or terminate your account and this Agreement: (a) immediately if you materially breach these Terms (for example, by violating the Acceptable Use rules or failing to pay fees when due), and do not cure the breach within 10 days after notice; (b) immediately if you go into bankruptcy, receivership, or insolvency proceedings, or if you materially breach these Terms in a way that cannot be cured; or (c) for convenience if we decide to discontinue any of the Services or a particular plan, by providing you at least 30 days’ notice. We may also suspend your access immediately during any period of uncured breach or if we reasonably believe suspension is required to prevent harm (for example, if your account is compromised and used for attacks, or if using the Services is causing risk to other customers).

Effects of Termination: Upon termination of this Agreement for any reason, your right to access and use the Services will cease. We will make your Customer Data available for export for a limited time (e.g. 30 days) following termination if you request it, except if we terminated for your breach and such access could cause further harm or violate law. After that, we will delete or overwrite Customer Data in accordance with our data retention policies, subject to any legal obligations to retain data. We are not liable for any data you fail to retrieve before the termination effective date. Sections that by their nature should survive termination (such as indemnities, limitations of liability, accrued payment obligations, confidentiality provisions, and any licenses granted to us to use data for improvements that persist beyond deletion of raw data) will survive.

12. Miscellaneous

Governing Law: This Agreement is governed by the laws of the State of Colorado, U.S.A., without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Jurisdiction: The parties agree that any dispute arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in the State of Colorado. Both you and Industrial Technology Group, LLC consent to venue and personal jurisdiction in Colorado. However, we reserve the right to seek injunctive relief in any jurisdiction if necessary to protect our intellectual property or confidential information.

Compliance with Laws: Each party will comply with all laws and regulations applicable to its performance of this Agreement. You shall not use or export the Services in violation of U.S. export control or sanctions laws. You represent that you are not located in or a national of any country subject to U.S. embargo, nor a prohibited or restricted party under applicable trade sanction or export laws.

No Agency: We are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, or fiduciary relationship between us. Neither party has authority to make obligations on behalf of the other.

No Third-Party Beneficiaries: There are no third-party beneficiaries to these Terms, except as expressly provided (for example, our affiliates and subprocessors are protected by the disclaimers and limitations of liability herein to the same extent as Industrial Technology Group, LLC).

Assignment: You may not assign or transfer this Agreement or any rights or obligations under it without our prior written consent, except in connection with a merger or sale of your business (and provided the successor agrees to be bound by these Terms). We may assign this Agreement to an affiliate or in an event of merger, acquisition, or sale of assets. Any other attempt to transfer rights or delegate duties under this Agreement without consent is void. This Agreement will bind and benefit any permitted successors or assigns.

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, that provision will be construed to reflect the parties’ intent (if possible) or, if not possible, severed to the minimum extent necessary, and the remaining provisions will remain in full effect.

Waiver: No waiver of any term or right under this Agreement will be effective unless in writing signed by the party against whom it is enforced. A failure or delay in exercising any right by either party is not a waiver of that right, and a waiver of one breach is not a waiver of any other breach.

Force Majeure: Neither party will be liable for any delay or failure to perform its obligations (except payment obligations) due to events beyond its reasonable control, such as natural disasters, acts of government, civil unrest, terrorism, war, strikes, Internet or utility failures, etc. If such an event occurs, the affected party will notify the other and make reasonable efforts to resume performance as soon as possible.

Entire Agreement: These Terms, together with any Order Form or contract document that explicitly incorporates these Terms, constitute the entire agreement between you and Industrial Technology Group, LLC regarding the Services and supersede all prior or contemporaneous agreements, proposals, or understandings (whether written or oral) relating to its subject matter. In the event of a conflict between these Terms and an individually negotiated and signed contract with you, the signed contract terms will prevail to the extent of the conflict. Any additional or different terms you propose (for example, in a purchase order document) are rejected unless we expressly agree to them in writing.

Order of Precedence: If there is any conflict between these Terms and an individually negotiated and signed agreement or contract between you and Industrial Technology Group, LLC, the provisions of the signed agreement or contract will control only to the extent of that conflict. In all other respects, these Terms remain in full force and effect.

Contact Information: If you have questions about these Terms or need to contact us for any reason, please reach out to:

Industrial Technology Group, LLC
280 W Kagy Blvd Ste D-190,
Bozeman MT 59715

support@pipetech.com.

All notices required under this Agreement shall be in writing and deemed given: (i) if by us to you, when sent to the email associated with your account or posted within the Services; (ii) if by you to us, when sent via email to support@pipetech.com or delivered by registered mail to our address on our website, Attn: Legal Department.

By using PipeTech Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them. Thank you for choosing PipeTech to manage your inspection data and workflows. We appreciate your business and look forward to supporting your organization’s needs while keeping our relationship clear and fair under these Terms.