End User License Agreement

1. This agreement

This End User License Agreement (the “Agreement”) is between FiberMarkup (“we”, “us”) and the business or organization that uses FiberMarkup (the “Customer”), and it also binds each person who signs in under the Customer’s account (each a “User”, and “you”). It covers the FiberMarkup website at fibermarkup.com, the web application, the iOS and Android apps, and any related services we provide (together, the “Service”).

By signing in to or using the Service, you agree to this Agreement. If you accept it for a company, you confirm that you are authorized to bind that company. If the Customer has signed a separate written agreement or order form with us, that document controls wherever it conflicts with this one.

2. License to use the Service

While the Customer’s account is active and in good standing, we grant the Customer and its Users a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service for the Customer’s internal business purposes, and to install the FiberMarkup mobile app on devices they own or control for that purpose.

The Service is licensed, not sold. We and our licensors keep all rights, title and interest in the Service, including its software, design, documentation and trademarks. Any feedback you send us may be used to improve the Service without obligation to you.

3. What you may not do

You agree not to, and not to let anyone else:

• copy, modify, decompile, reverse engineer or try to extract the source code of the Service, except where the law expressly allows it despite this restriction;
• sell, rent, sublicense or otherwise make the Service available to anyone who is not a User of the Customer’s account;
• share sign-in credentials, or sign in as another person;
• get around security, access controls, two-factor authentication or rate limits, or probe the Service for vulnerabilities without our written permission;
• upload malware, or content that is unlawful or that you do not have the right to upload;
• scrape or bulk-download the Service other than through features we provide for exporting your own content; or
• use the Service to build a competing product.

4. Accounts and security

Customer accounts are created by us or by the Customer’s administrators, who decide who may sign in and what each User can see and do. The Customer is responsible for its Users’ activity under its account and for removing access when someone should no longer have it.

Keep your password confidential, and turn on two-factor authentication where your role allows it. Tell us at support@fibermarkup.com as soon as you suspect anyone has used your account without permission.

5. Your content

“Customer Content” means everything the Customer and its Users put into the Service: plan sheets and other files, markup, measurements, walk recordings, sign-offs, locate ticket details, notes, invoice details, and similar material. As between us, the Customer owns its Customer Content.

The Customer grants us a license to host, copy, process, transmit and display Customer Content only as needed to provide, secure and support the Service, and to comply with the law. We do not sell Customer Content, and we do not use it to train artificial intelligence models. How we handle personal information is described in our Privacy Policy.

The Customer is responsible for its Customer Content, including having the right to upload it. Plan sets often belong to a utility, owner or prime contractor and come with confidentiality terms of their own; following those terms is the Customer’s responsibility.

6. Measurements, invoices and locate tickets

The Service helps crews record and total work — footage from markup and callouts, distances from GPS walk recordings, report totals, and invoice drafts. These figures depend on what Users enter, on the scale set on each sheet, and on the accuracy of each device’s GPS. They are tools to support your own records, not surveys, engineering measurements or professional advice.

The Customer is responsible for checking every figure, report and invoice before relying on it or sending it to anyone. Warnings the Service shows about missing scales or unmarked sheets are a help, not a guarantee that every gap has been found.

Locate ticket features are reminders only. They do not replace calling 811 or your state’s one-call center, waiting for and confirming marks, or any other legal obligation before excavation.

7. QuickBooks and other third-party services

The Service can connect to third-party services, including QuickBooks Online from Intuit Inc. Connecting is optional, is done by a Customer administrator, and can be undone at any time from Settings in FiberMarkup or from within QuickBooks.

By connecting QuickBooks, the Customer authorizes us to access its QuickBooks company on its behalf to read its customers and products and services, create invoices, record payments that a User marks as received, read the status and balance of invoices raised through FiberMarkup, and receive notices from Intuit when those invoices or their payments change. Third-party services are governed by their own terms and privacy policies, and we are not responsible for them or for their availability.

8. Fees

Fees for the Service, if any, are those set out in the order form, quote or invoice we agree with the Customer. Unless that document says otherwise, fees are due within 30 days of invoice and do not include taxes, which the Customer pays (other than taxes on our income). We may suspend an account that is more than 30 days overdue after giving the Customer’s administrators notice and a chance to pay.

9. Availability, offline use and changes

We work to keep the Service available and secure, but we do not promise it will be uninterrupted or error-free, and there is no service-level commitment unless a signed agreement includes one. We may change, add or remove features; if we remove a feature the Customer depends on, we will tell its administrators in advance where we reasonably can.

The mobile and web apps let Users keep working without a connection. Changes made offline are stored on the device until it reconnects and syncs. Changes on a device that is lost, reset or uninstalled before it syncs may not be recoverable.

10. Suspension and termination

Either party may end this Agreement as set out in the Customer’s order form, or, if there is none, on 30 days’ written notice. We may suspend or end access immediately if a User breaches this Agreement in a way that puts the Service, other customers or the law at risk.

When the Agreement ends, the license ends and Users must stop using the Service. For 30 days afterwards, a Customer administrator may ask us at support@fibermarkup.com for an export of the Customer’s files and data. We then delete Customer Content as described in the Privacy Policy.

11. Disclaimer of warranties

To the fullest extent the law allows, 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, title, non-infringement and accuracy. Some jurisdictions do not allow certain warranties to be excluded, so some of this section may not apply to you.

12. Limitation of liability

To the fullest extent the law allows, neither we nor our suppliers will be liable for any indirect, incidental, special, consequential or punitive damages, or for any lost profits, revenue, billings or data, arising out of or relating to the Service or this Agreement, even if advised of the possibility.

Our total liability for all claims arising out of or relating to the Service or this Agreement will not exceed the amount the Customer paid us for the Service in the 12 months before the event giving rise to the claim, or US $100 if it paid nothing.

These limits do not apply where the law does not allow them to.

13. Indemnity

The Customer will defend and indemnify us against third-party claims, and the resulting losses and reasonable costs, arising from its Customer Content or from its or its Users’ use of the Service in breach of this Agreement or the law.

14. Apple App Store and Google Play

If you got the FiberMarkup app from the Apple App Store:

• This Agreement is between you and FiberMarkup only, not Apple Inc. (“Apple”). We, not Apple, are solely responsible for the app and its content.
• Your license is limited to using the app on Apple-branded products you own or control, as the Usage Rules in Apple’s Media Services Terms and Conditions permit.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to conform to any warranty that applies, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent the law permits, Apple has no other warranty obligation for the app.
• We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that it fails to meet legal or regulatory requirements, and consumer-protection or privacy claims.
• We, not Apple, are responsible for investigating, defending, settling and discharging any claim that the app infringes someone else’s intellectual property.
• You confirm that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with any third-party terms that apply when using the app.
• Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.

If you got the app from Google Play, Google’s terms for Google Play also apply to your download, and Google is not responsible for the app.

15. Governing law

This Agreement is governed by the laws of the State of South Carolina, without regard to its conflict-of-laws rules. The state and federal courts located in South Carolina have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the Service, and both parties consent to their jurisdiction.

16. Changes to this agreement

We may update this Agreement. We will post the new version here with a new effective date, and for a material change we will email each Customer’s administrators at least 30 days before it takes effect. Continuing to use the Service after a change takes effect means you accept it.

17. General

This Agreement, together with any order form and our Privacy Policy, is the entire agreement about the Service. If any part is found unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it. The Customer may not assign this Agreement without our consent, except to a successor of its business; we may assign it to a successor of ours. Neither party is liable for delays caused by events beyond its reasonable control. Notices to us go to support@fibermarkup.com; notices to the Customer go to its administrators’ email addresses.

18. Contact

Questions about this Agreement: support@fibermarkup.com. FiberMarkup, South Carolina, United States.