Terms of Service

1.1 Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and PermiTrak, Inc. ("PermiTrak," "we," "us," or "our") governing your access to and use of our construction permit management platform and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

1.2 Updates to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through prominent notices on our platform at least 30 days before the effective date of any changes.

Your continued use of the Service after any modification to these Terms constitutes acceptance of such changes.

1.3 Questions About Terms

If you have any questions about these Terms, please contact our legal team at legal@permitrak.com before using the Service.

2.1 Platform Overview

PermiTrak provides an AI-powered construction permit management platform designed to streamline the permit application, tracking, and compliance process for construction professionals, developers, and contractors.

Our platform integrates with over 200 municipal and regulatory jurisdictions across the United States to provide automated permit tracking, document processing, and compliance monitoring.

2.2 Key Features

2.3 Service Availability

We strive to maintain 99.9% uptime for our Service. However, we do not guarantee uninterrupted access and may perform scheduled maintenance that could temporarily limit availability. We will provide advance notice of planned maintenance whenever possible.

3.1 Eligibility Requirements

You must be at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. You must provide accurate, current, and complete information during registration and maintain the accuracy of such information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

You may terminate your account at any time by following the account closure process in your account settings. We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or pose a security risk to our Service or other users.

Upon termination, your right to use the Service will cease immediately. We will provide you with a reasonable opportunity to export your data before permanent deletion, subject to our data retention policies and legal obligations.

4.1 Permitted Activities

You may use our Service to:

• Manage construction permits and related documentation
• Collaborate with team members on construction projects
• Track permit status and compliance requirements
• Generate reports and analytics related to your projects
• Integrate with approved third-party applications and email accounts
• Use AI-powered features for document analysis and feasibility assessment
• Communicate with team members via in-app chat and messaging
• Upload, store, and manage project documents and files

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws, regulations, or third-party rights
• Attempt to gain unauthorized access to our systems or user accounts
• Upload or transmit malicious software, viruses, or harmful code
• Engage in automated data collection or scraping without permission
• Impersonate other users or provide false information
• Use the Service for competitive analysis or to develop competing products
• Attempt to reverse engineer or extract data from AI models or third-party APIs
• Upload malicious files, viruses, or harmful content
• Share or misuse unique permit email addresses for unauthorized purposes

4.3 Enforcement

We reserve the right to investigate suspected violations of these Terms and take appropriate action, including but not limited to suspending or terminating accounts, removing content, and reporting violations to law enforcement authorities.

5.1 PermiTrak Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of PermiTrak and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used without our prior written consent.

Nothing in these Terms grants you any right to use PermiTrak's intellectual property except as expressly permitted for your authorized use of the Service.

5.2 Customer Content

You retain all rights to the content, data, and information you upload, store, or process through our Service ("Customer Content"), including:

• Project data, permit information, and documents
• Email content and attachments from connected email accounts
• Chat messages, comments, and team collaboration data
• Uploaded files, documents, and media

You grant PermiTrak a limited, non-exclusive license to use, store, and process your Customer Content solely to provide the Service to you, including:

• Processing content through AI services for document analysis and feature functionality
• Storing content in secure cloud storage (Vercel Blob Storage)
• Sharing content with team members and collaborators as you designate
• Transmitting content to jurisdiction APIs for permit processing

You represent and warrant that you have all necessary rights to your Customer Content and that your use of the Service with such content does not violate any applicable laws or third-party rights. You are responsible for backing up your Customer Content.

5.3 License Grants

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes. This license is revocable and terminates upon termination of your account or these Terms.

6.1 Data Collection

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect only the information necessary to provide and improve our Service, including:

• Account information, project data, and permit information
• Email content and attachments when you connect email accounts
• Documents and files uploaded to the platform
• Chat messages and team collaboration data
• Usage analytics and activity logs

You have control over your data and can access, modify, or delete your personal information through your account settings or by contacting our support team. You can also revoke email account access and opt out of AI processing features at any time.

6.2 Security Measures

We implement industry-standard security measures to protect your data, including:

6.3 Regulatory Compliance

We maintain compliance with applicable data protection regulations, including GDPR, CCPA, and other regional privacy laws. We will assist you in meeting your own compliance obligations when using our Service.

AI-Powered Features

Our platform uses OpenAI's API to provide AI-powered features including document analysis, email parsing, feasibility analysis, and task generation. By using these features, you acknowledge that:

• Your content (documents, emails, project data) will be sent to OpenAI for processing
• OpenAI processes your data according to their privacy policy and terms of service
• We do not use your data to train OpenAI's general models
• You can opt out of AI processing features in your account settings

AI-generated content is provided "as is" and should be reviewed for accuracy. We are not responsible for errors or inaccuracies in AI-generated content.

Email Integration

When you connect your email accounts (Gmail, Outlook, IMAP) to our platform:

• You grant us permission to access permit-related emails and process email content
• We only access emails that are permit-related or forwarded to our unique permit email addresses
• You can revoke email access at any time through your account settings
• Email processing is subject to the privacy policies of your email provider (Google, Microsoft, etc.)

Jurisdiction API Integrations

Our platform integrates with 200+ municipal and government jurisdiction APIs to provide automated permit tracking. By using these integrations:

• Your permit information may be shared with relevant government agencies as necessary
• API availability and data accuracy depend on the jurisdiction's systems
• We are not responsible for errors or delays in jurisdiction API responses

7.1 Subscription Fees

Our Service is provided on a subscription basis with fees determined by your selected plan and usage levels. All fees are exclusive of applicable taxes, which you are responsible for paying.

We may change our pricing with 30 days' written notice. Price changes will not affect your current billing cycle but will apply to subsequent renewal periods.

7.2 Billing and Payment

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. Payment is due upon receipt of invoice and must be made through approved payment methods.

Late payments may result in service suspension after a 10-day grace period. We may charge a late fee of 1.5% per month on overdue amounts.

7.3 Refund Policy

We offer a 30-day money-back guarantee for new subscribers. Refund requests must be made within 30 days of your initial subscription. Refunds are not available for renewal periods or additional services beyond the base subscription.

8.1 Uptime Guarantee

We commit to maintaining 99.9% uptime for our Service, measured monthly and excluding scheduled maintenance windows. If we fail to meet this standard, you may be eligible for service credits as outlined in your subscription agreement.

Planned maintenance will be scheduled during off-peak hours with advance notice provided through our status page and direct communication to affected users.

8.2 Support Response Times

8.3 Data Backup and Recovery

We perform automated daily backups of all customer data with secure off-site storage. Our disaster recovery procedures ensure rapid restoration of service in the event of system failures, with a target recovery time of less than 4 hours for critical data.

9.1 Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure, although we make commercially reasonable efforts to provide a reliable and secure service.

9.2 Limitation of Damages

To the maximum extent permitted by law, PermiTrak shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or relating to these Terms or the Service.

Our total liability for any claims arising out of or relating to these Terms or the Service shall not exceed the amount paid by you to PermiTrak during the twelve (12) months preceding the claim.

9.3 Mutual Indemnification

Each party agrees to indemnify, defend, and hold harmless the other party from claims arising out of: (a) breach of these Terms, (b) violation of applicable laws, or (c) infringement of third-party intellectual property rights, subject to certain conditions and limitations detailed in our subscription agreements.

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco, California.

10.2 Arbitration Process

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

Arbitration will be conducted by a single arbitrator in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction.

10.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be limited to the dispute between you and PermiTrak individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable subscription agreements, constitute the entire agreement between you and PermiTrak regarding the Service and supersede all prior or contemporaneous communications and proposals.

11.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

11.3 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.