Terms and Conditions

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For detailed information on how we collect, use, and protect your personal data, please refer to our Privacy Policy.

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1. Introduction

These Terms & Conditions govern the use of Compactica, an intelligent compaction software solution that utilizes vibration data and AI-driven geotechnical rules to produce real-time compaction maps.

By using Compactica, clients agree to these terms, which outline intellectual property ownership, data usage and storage, liability limitations, and termination rights.

2. Intellectual Property

  • Patent Protection: Compactica is protected under patent law. All Intellectual Property (IP), including patents, software, algorithms, and methodologies, remain the exclusive property of Compactica Inc.

  • Restrictions: Clients may not copy, modify, reverse-engineer, or redistribute any part of Compactica’s software, technology, or data processing methods.

  • Enforcement: Any unauthorized use or infringement of Compactica’s IP will be legally pursued.

3. Data Usage & Ownership

  • Data Collection: Compactica collects compaction-related data from projects using its software.

  • Usage Rights: By using Compactica, clients grant Compactica Inc. a non-exclusive, royalty-free right to use collected data to improve AI algorithms, refine geotechnical models, and enhance software accuracy.

  • Confidentiality: Project-specific data will not be shared externally in an identifiable manner unless required by law.

4. Data Storage & Retention

  • Retention Policy: Compactica will store project data for 12 months.

  • Client Access: Clients may download or back up their data at any time during the retention period.

  • Extended Storage: After 12 months, data may be deleted, but clients may purchase extended storage plans.

  • Data Security: Compactica implements industry-standard security measures to protect stored data.

5. Liability & Warranties

  • Software Use at Client’s Risk: Compactica provides compaction analysis based on input data. Clients assume full responsibility for project decisions made using the software.

  • No Guarantees on Results: Compactica does not guarantee specific compaction outcomes and is not liable for construction errors or regulatory compliance failures.

  • Limitation of Liability: Compactica’s total liability in any claim is limited to the amount paid by the client for software access in the 12 months prior to the claim.

6. Termination

  • Client Termination: Clients may discontinue use at any time, but no refunds will be issued for previously paid services.

  • Compactica Termination Rights: Compactica may terminate access if:

    1. The client violates the terms (e.g., unauthorized software distribution, IP infringement).

    2. Payments are overdue for more than 30 days.

    3. The software is misused in a manner that compromises its integrity.

Upon termination, clients must cease using Compactica and delete all software-related data.

7. Acceptable Use Policy

  • Clients must not use Compactica for illegal activities, unauthorized data collection, or any actions that compromise system integrity.

  • Reverse engineering, reselling, or modifying the software is strictly prohibited.

  • Compactica may suspend access if improper use is detected.

8. Subscription & Payment Terms

  • Compactica is available on a subscription basis, with monthly/annual payment options.

  • Failure to pay within 30 days results in suspension or termination.

  • No refunds are provided once a billing period has started.

  • Clients may purchase additional storage plans beyond the 12-month data retention period.

9. Support & Maintenance

  • Compactica provides regular software updates to improve performance and security.

  • Standard technical support is available Monday–Friday, 9 AM–5 PM NDT.

  • Response times:

    • Critical issues (software downtime): Response within 4 hours.

    • Non-critical issues (feature requests, minor bugs): Response within 48 hours.

  • Clients may purchase premium support plans for faster response times.

10. Force Majeure

  • Compactica is not liable for software downtime or performance issues caused by natural disasters, cyberattacks, or third-party service failures (e.g., cloud provider outages).

  • Service obligations will resume as soon as reasonably possible after the event.

11. Confidentiality

  • Compactica agrees to keep all client project details confidential, except for data usage outlined in Section 3 (Data Usage).

  • Clients may not disclose proprietary Compactica technology, software methods, or trade secrets to third parties.

12. Dispute Resolution

  • Any disputes must first attempt resolution through mediation.

  • If unresolved, disputes will be settled through arbitration in [jurisdiction].

  • Clients agree to waive class-action lawsuits related to Compactica.

13. Compliance with Laws

  • Clients must comply with all local, federal, and international regulations related to construction, geotechnical engineering, and data privacy.

  • Compactica assumes no responsibility for non-compliance by the client.