Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using any services provided by DFW Site Metrics LLC ("Company," "we," "us," or "our"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms"). Creating an account and checking the acceptance checkbox constitutes your electronic signature and agreement to these Terms. If you do not agree, do not create an account or use our services.

2. Definitions

• "Platform" — The web application at dfwsitemetrics.com including all dashboards, APIs, and tools.
• "Services" — All drone survey, volumetric measurement, data processing, reporting, and platform access provided by the Company.
• "Survey Data" — All data collected during drone flights including aerial imagery, photographs, video, point clouds, orthomosaic maps, GPS coordinates, and raw sensor data.
• "Derived Data" — All data produced from processing Survey Data including volumetric calculations, tonnage estimates, cut/fill analyses, trend data, reconciliation results, forecasts, and reports.
• "Client Data" — Information you provide including account details, site information, material specifications, density factors, pricing data, scale tickets, and uploaded documents.
• "Subscription" — The recurring monthly service agreement between you and DFW Site Metrics covering flights, platform access, and support for a designated site.
• "Site Assessment" — The one-time onboarding service performed at the start of a new site engagement, including initial flight, baseline volumetric survey, material catalog setup, and platform configuration.
• "Feature Flags" — Per-feature visibility controls that determine which platform capabilities are available.

3. Description of Services

DFW Site Metrics provides drone-based volumetric measurement and inventory assessment services for aggregate, construction, and related industries. Services include:

• Aerial drone surveys using commercial-grade equipment and photogrammetry
• Volumetric calculations and detailed inventory reporting
• Digital platform access for viewing reports, managing materials, and tracking trends
• Reconciliation reporting that compares customer-supplied scale ticket and batch data against drone-derived volumetric measurements to identify variances
• Recording and tracking of calibration certificates and records that the customer uploads to the platform. We do not perform, witness, or verify scale calibration; calibration is the customer's responsibility and must be performed by a qualified third party.
• Data import/export capabilities for operational integration

All services are performed in compliance with FAA Part 107 regulations and applicable airspace authorizations.

4. Account Registration and Approval

• You must provide accurate, current, and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Account approval is at our sole discretion; we may refuse service for any reason.
• Demo accounts are subject to the same terms and expire after the designated trial period.
• You must be at least 18 years of age and have authority to bind your organization.

5. Acceptable Use

You agree not to:

• Share, transfer, or disclose your account credentials to unauthorized third parties
• Attempt to access areas of the Platform or data you are not authorized to view
• Interfere with or disrupt the Platform's infrastructure, security, or performance
• Use the Platform to transmit malware, viruses, or other harmful code
• Reverse engineer, decompile, disassemble, or attempt to extract the source code of the Platform or its algorithms
• Use automated scripts, bots, or scrapers to access the Platform without our prior written consent
• Use the Services for any purpose that violates applicable law or regulation, including FAA regulations governing drone operations
• Submit false, misleading, or fraudulent information through the Platform
• Redistribute, resell, or sublicense access to the Platform or its outputs without our prior written consent
• Use the Services in any manner that could damage, disable, overburden, or impair the Platform

We reserve the right to suspend or terminate your access for violation of these restrictions, with or without notice depending on the severity of the violation.

6. Subscription and Site Assessment

6.1 Subscription

Our Services are provided on a monthly subscription basis of $1,000 per month per site, billed in advance. Your subscription includes:

• Scheduled drone volumetric flights at the covered site (cadence set during onboarding)
• Full platform access: historical report archive, stockpile management, volume/mass/value trends, data import/export, shared report links, scheduling, scale ticket and belt scale reconciliation reporting, depletion forecasting, yield verification, multi-site portfolio view, document extraction, and custom alerts
• Standard report delivery within 48 hours of a completed flight
• Rescheduling of flights cancelled due to weather, unsafe site conditions, or other provider-initiated reasons at no additional cost

Subscriptions continue month-to-month until cancelled by either party in accordance with Section 17. There is no minimum commitment period.

6.2 Site Assessment

A one-time Site Assessment fee of $1,500 is charged at the start of a new site engagement. The Site Assessment covers initial site walkthrough, baseline volumetric survey, material catalog setup, density and pricing calibration, and platform configuration. The Site Assessment fee is non-refundable once work has commenced and is in addition to monthly subscription fees.

6.3 Additional Sites

Additional sites may be added to your account at any time. Each additional site is billed at the same monthly subscription rate and requires a separate Site Assessment fee. Pricing in effect at the time of addition applies to new sites.

6.4 Pricing Changes

Pricing is subject to change. We will provide at least 30 days' written notice of any pricing change. Pricing changes take effect at the start of the next billing cycle following the notice period.

7. Payment Terms

• All payments are processed securely through Stripe, our third-party payment processor.
• Monthly subscription fees are billed in advance on a recurring basis. The Site Assessment fee is charged in full at the start of a new site engagement.
• You are responsible for all taxes applicable to your purchases.
• Failed payments may result in service suspension as described in Section 17. You remain responsible for all fees accrued during suspension.
• We reserve the right to modify pricing with 30 days' written notice. Pricing changes take effect at the start of the next billing cycle following the notice period.

8. Scheduling and Service Delivery

• Flight scheduling is subject to weather conditions, FAA airspace restrictions, and operational capacity.
• We will make commercially reasonable efforts to complete scheduled visits but cannot guarantee specific dates or times.
• Cancelled visits due to weather or airspace restrictions will be rescheduled at no additional cost.
• You must provide safe, unobstructed access to your site for drone operations.
• Standard report delivery is within 48 hours of a completed flight.

DFW Site Metrics maintains commercial general liability insurance and drone-specific aviation liability insurance covering property damage and bodily injury arising from our drone operations. Certificates of insurance are available upon request.

9. Data Ownership

9.1 Company Ownership of Data

All Survey Data and Derived Data (as defined in Section 2) generated through our Services — including all raw data collected during drone operations, intermediate processing outputs, final reports, and volumetric measurements — are and shall remain the exclusive property of DFW Site Metrics LLC. This ownership is established at the point of data collection and is not affected by account status or termination. Your rights to use final reports and measurement data are governed by Section 9.2.

9.2 Client License to Reports and Measurements

Upon full payment for Services, DFW Site Metrics grants you a perpetual, non-exclusive, non-transferable license to access, use, and rely upon the final reports and volumetric measurement data generated for your sites. This license permits you to:

• Access and view reports through the Platform or downloaded copies
• Use measurement data (volumes, tonnages, values) for your internal business operations, financial planning, and regulatory compliance
• Share reports with designated third parties (auditors, lenders, tax consultants, insurers) for your legitimate business purposes
• Retain downloaded copies of reports after account termination

You may not resell, redistribute, publicly publish, or create derivative works from our reports for commercial distribution without prior written consent. This license survives termination of your account.

9.3 Client Data

By providing Client Data (including but not limited to material specifications, density factors, pricing information, scale tickets, and uploaded documents), you grant DFW Site Metrics a non-exclusive license to use, store, process, and create derivative works from such Client Data for the purposes of providing and improving the Services, developing our Platform, and fulfilling our obligations under these Terms. This license extends for the duration of your account and thereafter in accordance with the data retention schedule described in our Privacy Policy, as necessary for compliance, audit, and the creation of anonymized datasets as described in Section 11. This license is subject to your rights under applicable privacy law, including the right to request deletion as described in our Privacy Policy.

9.4 Retention Rights

DFW Site Metrics retains the right to maintain copies of all data (including raw data, processed data, reports, and Client Data) after account termination in accordance with our Privacy Policy, data retention schedule, and applicable law.

9.5 Shared Report Links

The Platform allows you to generate shareable links to your reports for third parties (auditors, lenders, corporate offices). Shared links may include report data, stockpile measurements, material information, and site identifiers. You may set expiration dates and password protection on shared links. You are solely responsible for: (a) determining what data to share, (b) distributing links only to authorized recipients, and (c) revoking access when no longer needed. We log access to shared links for security purposes. DFW Site Metrics is not liable for unauthorized access resulting from your distribution of shared links.

10. Data Processing

In the course of providing Services, your data may be processed by third-party service providers (such as our hosting and authentication providers — see Privacy Policy Section 7 for the full list). By using our Services, you acknowledge and consent to this processing. Our third-party processors are contractually bound to use your data only for the purposes of providing services to DFW Site Metrics, except that processors may use anonymized and aggregated data as described in our Privacy Policy Section 7.

Drone operations at your site may incidentally capture imagery of individuals, vehicles, or neighboring properties within the survey area. We focus data collection on designated stockpile and material storage areas and employ commercially reasonable practices to minimize incidental capture. We do not intentionally collect personally identifiable information of individuals through aerial imagery. If incidental capture occurs, such data is treated as part of the Survey Data and is subject to the data ownership and security provisions of these Terms.

11. Anonymized and Aggregated Data

DFW Site Metrics may create anonymized and aggregated datasets derived from Survey Data, Derived Data, and Client Data. Such anonymized data will be stripped of all personally identifiable information and any information that could reasonably be used to identify a specific client or site. DFW Site Metrics may use, sell, license, publish, or otherwise commercialize anonymized and aggregated data for any lawful purpose, including but not limited to market research, industry benchmarking, regional trend analysis, and academic research. This right survives termination of your account.

12. Intellectual Property

The Platform, including its design, software, algorithms, processing methodologies, user interface, and documentation, is the exclusive intellectual property of DFW Site Metrics LLC. Nothing in these Terms grants you any right, title, or interest in our intellectual property beyond the license described in Section 9.2. For restrictions on reverse engineering and unauthorized access, see Section 5 (Acceptable Use).

If you provide suggestions, ideas, feature requests, or other feedback regarding the Platform or Services ("Feedback"), you grant DFW Site Metrics a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such Feedback into our products and services without obligation, compensation, or attribution. You should not submit Feedback that you consider confidential or proprietary.

13. Disclaimers

Volumetric measurements provided by DFW Site Metrics are estimates based on aerial photogrammetric survey data and processing. While we employ commercial-grade equipment and industry-standard methodologies, we do not guarantee absolute accuracy. Tonnage and monetary values in reports are calculated using density factors and pricing data supplied by you; we are not responsible for the accuracy of client-supplied inputs. Our reports are intended as independent third-party verification tools for internal planning and compliance purposes and should not be relied upon as the sole basis for financial decisions. We recommend using our reports alongside other inventory management practices.

IN ADDITION TO THE FOREGOING, THE SERVICES, PLATFORM, AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

14. Limitation of Liability

To the maximum extent permitted by law, DFW Site Metrics' total liability arising from or related to these Terms or the Services shall not exceed the total fees paid by you to DFW Site Metrics during the twelve (12) months immediately preceding the event giving rise to the claim. In no event shall DFW Site Metrics be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or cost of substitute services, regardless of the theory of liability.

15. Indemnification

You agree to indemnify, defend, and hold harmless DFW Site Metrics LLC, its officers, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any third-party claims arising from your use of our reports; or (e) the inaccuracy of Client Data you provide.

16. Confidentiality

Each party agrees to maintain the confidentiality of the other party's confidential information and not to disclose it to third parties without prior written consent. Confidential information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known before disclosure; (c) is independently developed without use of the disclosing party's information; or (d) is required to be disclosed by law, regulation, or court order, provided the receiving party gives reasonable notice to the disclosing party.

17. Term and Termination

Suspension

We may temporarily suspend your access to the Platform without liability if:

• Your account has an overdue balance exceeding 15 days past due
• We reasonably believe your account has been compromised or is being used in violation of Section 5 (Acceptable Use)
• Suspension is required to comply with law, regulation, or a court order
• Continued access poses a risk to the security or integrity of the Platform or other users' data

We will make commercially reasonable efforts to provide notice before or promptly after suspension. Suspension does not relieve you of payment obligations. We will restore access promptly once the underlying issue is resolved.

Termination

• Either party may terminate the service relationship at any time with 30 days' written notice.
• We may terminate your account immediately for violation of these Terms.
• Upon termination: Platform access is revoked at the end of the current billing period, any outstanding balances become due, and previously paid subscription fees are non-refundable. The Site Assessment fee is non-refundable.
• Upon request made within 30 days of termination, we will make your reports available for download in PDF format. After this 30-day window, we are under no obligation to provide access, though data may be retained per our Privacy Policy and applicable law.
• We retain all data in accordance with Section 9.4 and our Privacy Policy.
• Sections 9 (Data Ownership), 11 (Anonymized Data), 12 (Intellectual Property), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 16 (Confidentiality), and 20 (Governing Law) survive termination.

18. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including but not limited to: adverse weather conditions, FAA airspace restrictions or TFRs, natural disasters, acts of government, pandemic, or infrastructure failures.

19. Modifications to Terms

We may modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email and/or notification on the Platform. We may require you to re-accept updated Terms before continuing to use the Services. Your continued use of the Services after the effective date of modified Terms constitutes your acceptance. If you do not agree to modified Terms, you must discontinue use and terminate your account.

20. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall first be resolved through good faith negotiation. If negotiation fails within 30 days, disputes shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Dallas County, Texas. Either party may seek injunctive relief in the state or federal courts located in Dallas County, Texas, without waiving the right to arbitration.

Each party agrees that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against DFW Site Metrics.

21. General Provisions

• Severability: If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect.
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and DFW Site Metrics regarding the Services.
• Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• Notices: Notices will be sent to the email address associated with your account.

22. Contact Information

DFW Site Metrics LLC
Email: legal@dfwsitemetrics.com
Phone: (469) 402-2861
Rowlett, Texas

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