These Terms of Service (the “Terms”) are a binding agreement between Checksum Works LLC (“Mastlens,” “we,” “us,” or “our”) and the individual or entity that accesses or uses our website, web and mobile applications, and related services (collectively, the “Services”). By creating an account, clicking “I agree,” or using the Services, you agree to these Terms. If you are agreeing on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization.
Please read Section 14 (Dispute Resolution; Arbitration; Class-Action Waiver) carefully — it affects how disputes are resolved and waives your right to a jury trial and to participate in a class action.
1. Definitions
- “Customer” means the organization that subscribes to the Services.
- “Authorized User” means an individual the Customer permits to use the Services under its account.
- “Customer Content” means the photos, checklists, project data, and other materials submitted to the Services by the Customer or its Authorized Users.
2. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the accuracy of your account information, for maintaining the confidentiality of your credentials, and for all activity that occurs under your account. Customer administrators are responsible for managing their Authorized Users and for those users’ compliance with these Terms. Notify us promptly at legal@mastlens.com of any unauthorized use of your account.
3. The Services and License
Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes during your subscription term. We may update, improve, or modify the Services from time to time.
4. Subscriptions, Fees, and Payment
- Plans and fees. Paid subscriptions are billed in advance on the plan and billing cycle you select. Fees are stated at the time of purchase.
- Payment processing. Payments are processed by Stripe. By providing a payment method, you authorize us and Stripe to charge the applicable fees.
- Auto-renewal. Subscriptions automatically renew for successive periods unless cancelled before the end of the then-current term. You may cancel at any time; cancellation takes effect at the end of the current billing period.
- Taxes. Fees are exclusive of taxes, which you are responsible for paying.
- Trials. Free trials, if offered, convert to a paid subscription unless cancelled before the trial ends.
- Refunds. Except as required by law or expressly stated, fees are non-refundable and there are no refunds or credits for partial periods.
5. Acceptable Use
You agree not to, and not to permit any Authorized User or third party to:
- use the Services in violation of any law or third-party right;
- upload content you do not have the right to capture or share, or that infringes privacy, publicity, or intellectual-property rights;
- attempt to gain unauthorized access to the Services, other accounts, or our systems, or probe, scan, or test their vulnerability;
- reverse engineer, decompile, or attempt to derive source code, except as permitted by law;
- interfere with or disrupt the integrity or performance of the Services, or introduce malicious code; or
- resell, sublicense, or use the Services to build a competing product.
6. Customer Content and Data
You own your Customer Content. As between the parties, the Customer retains all rights to its Customer Content. You grant us a worldwide, non-exclusive license to host, store, process, transmit, display, and otherwise use Customer Content solely to provide, secure, and support the Services.
You represent that you have all rights, permissions, and consents necessary to capture and submit the Customer Content, including the right to photograph the job sites, equipment, and property documented through the Services.
We may generate aggregated and de-identified data from use of the Services (which cannot reasonably be used to identify you or any individual) and may use that data to operate, analyze, and improve our products. Our handling of personal information is described in our Privacy Policy.
7. Intellectual Property
The Services, including all software, design, text, and trademarks, are owned by Mastlens or its licensors and are protected by intellectual-property laws. Except for the limited license granted to you, these Terms do not transfer any rights in the Services to you. Any feedback you provide may be used by us without restriction or obligation.
8. Third-Party Services
The Services may interoperate with third-party services (for example, mapping and payment providers). We are not responsible for third-party services, and your use of them is governed by their terms.
9. Term and Termination
These Terms apply while you use the Services. You may stop using the Services and cancel your subscription at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or if your use poses a security or legal risk. Upon termination, your right to use the Services ends. We will make Customer Content available for export for a limited period after termination, after which we may delete it in accordance with our Privacy Policy. Sections intended to survive termination (including ownership, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL BE ACCURATE OR PRESERVED WITHOUT LOSS. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN COPIES OF CRITICAL DATA.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES. EXCEPT FOR YOUR PAYMENT OBLIGATIONS AND EACH PARTY’S INDEMNIFICATION OBLIGATIONS, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You will defend, indemnify, and hold harmless Mastlens and its officers, employees, and agents from and against any third-party claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your Customer Content, your use of the Services, or your breach of these Terms.
13. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms with a new “Last updated” date and, for material changes, provide reasonable advance notice. Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms.
14. Dispute Resolution; Arbitration; Class-Action Waiver
Please read this section carefully. Except for claims that may be brought in small-claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider, rather than in court. The arbitration will be conducted on an individual basis.
YOU AND MASTLENS EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable, then the entirety of this arbitration provision will be null and void as to the affected claims.
15. Governing Law and Venue
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. Subject to Section 14, the exclusive jurisdiction and venue for any dispute not subject to arbitration will be the state and federal courts located in Gwinnett County, Georgia, and the parties consent to personal jurisdiction there.
16. General
- Entire agreement. These Terms, together with any order form and our policies referenced here, are the entire agreement between the parties regarding the Services.
- Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
- Waiver. A failure to enforce any provision is not a waiver of our right to do so later.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Notices. We may provide notices to you by email or through the Services.
17. Contact Us
Questions about these Terms? Contact us at legal@mastlens.com.