Terms of Service

1. Agreement Structure

These terms, the Privacy Policy, any product-specific terms we publish, and any written order or agreement signed by Crux Labs make up the agreement for SpoilStack. If a signed written agreement conflicts with these online terms, the signed agreement controls for that conflict. If you use SpoilStack for a company, that company is the customer and you represent that you have authority to bind it.

2. Who May Use SpoilStack

SpoilStack is business software. You must be old enough to form a binding contract and you may use the service only for lawful business purposes. You are responsible for making sure your use of SpoilStack is allowed where you and your projects are located.

3. What SpoilStack Is

SpoilStack is field documentation software for excavation and sitework contractors. It helps teams record jobs, machines, haul counts, daily logs, photos, documents, plan markups, T&M tags, weather delay logs, and closeout packages.

SpoilStack provides software, templates, summaries, and general workflow guidance. It does not replace your judgment, your contract, your notice procedures, your project records policy, or advice from a qualified lawyer, accountant, engineer, surveyor, safety professional, insurance advisor, or claims consultant.

4. Account Access And Company Workspaces

A company owner or admin controls who can access that company's workspace. If you invite another user, you are responsible for that user's access and for removing access when it is no longer appropriate. Users may only access the companies, jobs, and records they are authorized to use.

• You are responsible for making sure your employees and invited users have authority to enter data and sign or submit records for your company.
• You are responsible for keeping your login credentials secure and for activity under your account.
• You must notify us promptly if you believe an account, device, share link, or workspace has been compromised.

5. Your Data And Uploaded Content

You keep ownership of the job data, photos, documents, notes, markups, signatures, logs, and exports you put into SpoilStack. You give us a limited, worldwide, non-exclusive license to host, process, copy, sync, back up, display, transmit, and create technical or support copies of that content as needed to provide and improve the service, support your account, comply with law, and protect SpoilStack and its users.

You are responsible for your content and for having the rights and permissions needed to upload, store, use, share, sign, export, and disclose it. Do not upload malware, illegal content, or regulated data that requires special handling - including HIPAA, CJIS, ITAR, payment card, biometric, or other highly sensitive data - unless SpoilStack has agreed to that in writing.

6. Field Records, Closeout Packages, And Guidance

SpoilStack can assemble closeout packages, rain delay records, weather summaries, T&M tags, plan markups, photo logs, manifests, and other job documentation. These outputs are aids for organizing your own records. They are not a legal opinion, a claim certification, an engineering certification, a weather certification, or a guarantee that a general contractor, owner, public agency, court, arbitrator, insurer, auditor, or other reviewer will accept the record.

You decide what to send, when to send it, who receives it, and whether it satisfies your contract or legal obligations. If the stakes are material, have the package reviewed by the right professional before relying on it.

• You are responsible for checking every record, photo, tag, delay log, export, and closeout package before you use it.
• You are responsible for meeting contract notice deadlines, lien deadlines, claim rules, safety rules, payroll rules, tax rules, and record retention requirements that apply to your work.
• You are responsible for deciding whether a record should be sent, withheld, corrected, supplemented, or reviewed by counsel.

7. Weather, Maps, Storage, Payments, And Third-Party Services

Weather and rain delay features may use third-party data, cached historical weather, your job address, your own logs, or a combination of those sources. Weather data can be delayed, incomplete, estimated, or different from conditions at the exact work area. You must review and supplement it with your own field notes, photos, site conditions, crew records, and contract requirements.

SpoilStack may rely on third-party providers for hosting, storage, email, analytics, payments, maps, weather, document rendering, app distribution, and support. We are not responsible for third-party services outside our control, but we use service providers to operate SpoilStack in the ordinary course.

8. Share Links And Exports

If you create a share link or export package, anyone with the link may be able to view or download the package until the link expires or is revoked. You are responsible for who receives links and for whether a package contains confidential, privileged, trade secret, personal, or project-sensitive information.

9. Billing, Trials, Taxes, And Cancellation

Paid plans are billed as shown at signup or in the billing page. Trials, promotional offers, and discounts may have separate limits. Unless a written agreement says otherwise, subscriptions renew until canceled. You can cancel from billing settings or by contacting support. Fees already charged are non-refundable except where required by law or expressly promised in writing.

You are responsible for taxes, payment method accuracy, and charges incurred by users in your company workspace. If payment fails or an account is past due, we may downgrade, suspend, limit, or terminate access after reasonable notice unless the issue is resolved.

10. Service Availability, Support, And Changes

We work to keep SpoilStack reliable, but the service may be interrupted by maintenance, connectivity issues, device problems, third-party failures, or events outside our control. Features may change as the product improves. We may add, remove, limit, or modify features, including beta features, provided we do not do so in a way that intentionally deprives paying customers of the core service they paid for.

Beta, preview, experimental, or newly released features may be changed or discontinued at any time and may be less reliable than generally available features. Support is provided through the channels we make available and is not a professional consulting service.

11. Acceptable Use

• Do not try to access another company's data or interfere with the service.
• Do not reverse engineer, scrape, overload, or bypass security controls.
• Do not use SpoilStack to store or transmit unlawful, harmful, deceptive, or infringing content.
• Do not misrepresent records generated by SpoilStack or remove context that would make them misleading.
• Do not use SpoilStack in violation of sanctions, export control rules, anti-corruption laws, privacy laws, or other laws that apply to you.
• Do not use automated access, bots, or bulk extraction except through APIs or workflows we expressly allow.

12. Security And Confidentiality

We use reasonable technical, administrative, and physical safeguards for the nature of the service. No system is perfectly secure. You are responsible for controlling user access, protecting devices that store local data, using strong authentication, and limiting what sensitive information you put into SpoilStack.

If either party receives non-public business information from the other through the service or support, that party will use reasonable care to protect it and will use it only for purposes related to SpoilStack, except where disclosure is required by law or authorized by the owner of the information.

13. Our Intellectual Property And Feedback

SpoilStack, the software, design, workflows, templates, documentation, brand, and related technology belong to Crux Labs and its licensors. These terms do not transfer ownership of SpoilStack to you. If you send feedback or suggestions, we may use them without restriction or compensation.

14. Suspension And Termination

You may stop using SpoilStack at any time. We may suspend or terminate access for non-payment, misuse, security risk, legal risk, violation of these terms, or conduct that threatens the service or another user. After cancellation or termination, we may retain account data for a limited period for backup, legal, billing, security, and support purposes, then delete or anonymize it according to our retention practices.

15. Disclaimers

To the fullest extent permitted by law, SpoilStack is provided as is and as available. We disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, perfect accuracy, and error-free operation. We do not guarantee payment, claim recovery, dispute outcomes, project acceptance, audit acceptance, weather accuracy, or legal compliance.

16. Limitation Of Liability

To the fullest extent permitted by law, Crux Labs and its owners, employees, contractors, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, lost data, project delay, missed notice, claim denial, or payment dispute, even if we were told those damages were possible.

To the fullest extent permitted by law, our total liability for all claims relating to SpoilStack is limited to the greater of 100 dollars or the fees you paid to SpoilStack in the three months before the event giving rise to the claim.

17. Indemnity

You agree to defend and indemnify Crux Labs from claims, losses, liabilities, damages, costs, and expenses arising from your content, your use of SpoilStack, your violation of these terms, your violation of law, or disputes between you and your customers, contractors, employees, vendors, owners, general contractors, or project stakeholders.

18. Global Use, Export Controls, And Sanctions

SpoilStack may be used by customers in different locations, but we operate from the United States. You are responsible for complying with laws that apply to your use, your users, your projects, your data, and your exports. You may not use SpoilStack if doing so would violate U.S. sanctions, export control laws, or other applicable trade restrictions.

19. App Stores And Electronic Communications

If you download a mobile app through Apple, Google, or another app store, that store's terms also apply. We may send notices by email, in-app message, account notice, or posting in the service. You consent to electronic communications and electronic acceptance records.

20. Governing Law And Disputes

These terms are governed by the laws of the State of New York, without regard to conflict of law rules, unless another law must apply. Before filing a formal claim, both sides agree to try to resolve the dispute in good faith by emailing [email protected] with a description of the issue.

To the fullest extent permitted by law, disputes must be brought in the state or federal courts located in New York County, New York, and each party consents to those courts. To the fullest extent permitted by law, each party waives any right to a jury trial or to bring claims as a class, collective, consolidated, or representative action.

21. Miscellaneous

You may not assign these terms without our consent, except as part of a merger, acquisition, corporate reorganization, or sale of substantially all assets. We may assign these terms as part of a merger, acquisition, financing, reorganization, or sale of assets. If any part of these terms is unenforceable, the rest remains in effect. A failure to enforce a term is not a waiver. Neither party is liable for delay or failure caused by events outside reasonable control.

22. Changes To These Terms

We may update these terms as the service changes. If an update is material, we will require acceptance in the app or provide notice by email or through the service. Continued use after an update means you accept the updated terms.

23. Contact

Questions about these terms can be sent to [email protected].