Terms of Service - GroundLogs boring log software and log drafting

SIA “ICD Logs” (“GroundLogs”)

Terms of Service

Updated: September 9, 2018

Welcome to the Terms of Service (the “User Agreement”) for the Services (as defined further below) provided by SIA “ICD Logs” (“GroundLogs”). Any person (a “User”) accepting this User Agreement by means of registering for our services and logging into the GroundLogs website at https://groundlogs.online (the “Website”) by such action agrees to all of the terms and conditions prescribed in this User Agreement and the GroundLogs Privacy Policy (as provided on the Website) and to enter into this User Agreement with GroundLogs. Any reference to “you” and “your” refers to the User. Any reference to “us”, “we” or “our” refers to GroundLogs.

This User Agreement describes the terms on which you may access and use the Services. In the event of any inconsistency between the GroundLogs Privacy Policy and this User Agreement, the User Agreement shall prevail. Until you agree to accept this User Agreement, you will not be permitted to use or access the Services.

We reserve the right to modify this User Agreement at any time, and without prior notice, by posting amended Terms of Service on the Website. This User Agreement will be housed on the Website and visitors to the Website and Users will be informed of any amendments to the User Agreement (Terms of Service) by the following means: 1) notice on the Website, 2) on accessing the Website’s login screen, or 3) email sent to the User. By continuing to access the Website, you will be deemed to have accepted any amendments we make to the User Agreement and be subject to the most current version of the User Agreement applicable at the time of using the Services.

1. Description of the Services
GroundLogs services include GroundLogs boring log software, GroundLogs log drafting, and GroundLogs consulting services offered through the Website (the “Services”). GroundLogs online boring log software is used by consulting engineers and geologists, for geological logging and boring log preparation. GroundLogs log drafting services are used by geotechnical and environmental consultants for drafting boring logs from field notes or historical logs. GroundLogs consulting services are offered in the areas of geological logging, boring log preparation, and geotechnical, environmental, and IT business processes.

2. Who is eligible to use the Services?
To be eligible to use GroundLogs Services, you must be 18 years or older, and not previously suspended or removed from the system by GroundLogs for any reason. Any person using the Website affirms that he or she is 18 years or older. Users are prohibited from selling, trading, or otherwise transferring their GroundLogs account to another person. Any person found to be in breach of the above prohibition will be prohibited from using the Services.

3. Registering for Services
To register to use the Services, you must apply to open a GroundLogs account by completing the registration form on the Website. Application for a GroundLogs account is free and does not require a credit card. Your application for a GroundLogs account is subject to review and approval by GroundLogs, usually within 24 hours of receipt of the application form. GroundLogs may refuse registration by any person for any reason. If you are a registered User by means of the application of another person (for example, your employer or another person associated with you (a “Related Person”)), your subsequent access of the Website and use of the Services binds you to all the terms and conditions of this User Agreement as if you had yourself registered for a GroundLogs account.

Upon approval of your registration by GroundLogs, or registration of you by a Related Person, you will be emailed login instructions with a password. You must treat such information as confidential and not disclose it to any third party.

You are responsible for maintaining the confidentiality of your GroundLogs password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you forget your password, there is a password reset procedure. We highly recommend you choose a strong password and log out from your account at the end of every session. If you knowingly provide your login and password information to another person, your account privileges may be temporarily suspended, or terminated. You agree to immediately notify GroundLogs of any unauthorized use of your password or account or any other breach of security. GroundLogs cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

4. Use of Services
Our goal is to deliver you the Services, but we cannot guarantee or warrant access to the Website at all times. We reserve the right to restrict access to some features of the Website, or to suspend some features of the Website. We will not be liable if for any reason all or any part or feature of the Website is unavailable at any time or for any period, nor for any data loss due to such unavailability.

We use SSL encrypted browsing for all Users, but we cannot guarantee or warrant that all use of the Website will be secure. We also do not guarantee or warrant that the Website or any content provided on the Website is error free.

Your use of the Website and associated Services is governed by this User Agreement. GroundLogs may refuse to provide the Services or suspend provision of the Services without prior notice to any User for any reason.

5. System requirements
To access the Services, you need a modern web browser (Chrome, Firefox, IE11 or Edge, Safari) and an Internet connection.

6. Access to the Services
Our goal is to provide high accessibility, in accordance with industry standards, but we cannot guarantee or warrant 100% accessibility. Like all cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. To support our goal, and your expectation, of 100% accessibility, you will agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

7. Intellectual property rights
GroundLogs is the owner (or authorized user or licensee) of the GroundLogs logo and other GroundLogs logos, service marks and trademarks as well as all of the information, data, documents, communications, downloads, files, text, images, photographs, graphics, webcasts, publications, content, tools, resources, software, code, programs and products on the Website (the “GroundLogs IP”). Unauthorized use of the GroundLogs IP may violate copyright, trademarks, trade secret and other intellectual property and proprietary right laws and this User Agreement.

By using our Services, you agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Services or any portions of them.

The trademarks, logos and service marks displayed on the Website are the property of GroundLogs or other third parties. You are not permitted to use them without the prior written consent of GroundLogs or such third party that may own the marks.

8. User data and file ownership
GroundLogs does not claim rights over any data you enter into the GroundLogs online boring log software, any logs you create with the GroundLogs online boring log software, any logs your receive from using the GroundLogs log drafting services, nor to any User or third party data you enter into, or upload to, the Website.

You acknowledge and agree that GroundLogs shall not be liable for any failure to store your data on the Website at any time. You acknowledge and agree that GroundLogs has no liability of any kind should any person that you granted access to your User data modify, destroy, copy or distribute your data, or violate this User Agreement or any other limitations that you may impose on the use of your data shared with any third persons.

You can find detailed information on what data we save, how we use it, and how you can access it, correct it and delete it in our Privacy Policy.

9. Information provided on the Website
You acknowledge that files and data you provide or upload to the Website may be visible to your Related Persons (see our Privacy Policy to learn more about information collected on the Website). You understand that by entering data and uploading files on the Website or otherwise providing materials to us, GroundLogs retains the right to reformat, excerpt, or translate any materials submitted by you to improve your User experience while in the Website.

You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that GroundLogs will not be liable for any errors or omissions in any content. You understand that GroundLogs cannot guarantee or warrant the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee or warrant the authenticity of any data which users may provide about themselves or affiliations they may describe.

Additionally, GroundLogs allows Users to create and/or update their own profile. Any information provided by a User to be part of his or her profile may be available to such User’s Related Persons. Users who create and/or update their own profile can change or delete any information they provide if they choose to do so. Please use caution when posting personal identifiable information that you may not want Related Persons to see.

10. User Conduct
You understand and agree not to use the Website or any of the Services provided by GroundLogs to:

Collect, harvest, mine or engage in any other activity to obtain email addresses, phone numbers, personal information or any other information about other Users.
Use or attempt to gain access to or use another User’s personal or company account, password, data, or computer systems or networks connected to any GroundLogs server, whether through hacking, password mining or any other means.
Access or attempt to access any material that you are not authorized to access.
Make available any files containing materials where you do not own or control, or have not received, the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
Use any materials in any manner that infringes upon any intellectual property rights or other rights of any party.
Disrupt or interfere with the security of, or otherwise cause harm to, the Services, GroundLogs system resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites.
Transmit unsolicited communications to any GroundLogs account holder or to the Website or to affiliated email address.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
Disrupt, interfere or inhibit any other User from using and enjoying the Services or other affiliated or linked sites, materials or services.
Access or use the Website in any manner that could damage, disable, overburden or impair any GroundLogs server or the network(s) connected to any GroundLogs server.
Violate any applicable laws or regulations related to the access to or use of the Website, or engage in any activity prohibited by this User Agreement.
Post content in fields that aren’t intended for that content (for example, putting an address in a name or title field).
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Post or otherwise submit any topic, name, material or information that is defamatory, violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
Prepare, compile, use, download or otherwise copy any GroundLogs User list or other User or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such list or information to any third party.
Engage in any duplicative or unsolicited messages (commercial or otherwise).
Violate the rights of GroundLogs or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
Use any GroundLogs domain name as a pseudonymous return email address.
Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by GroundLogs.

11. Safe Interactions with Other Users
GroundLogs strives to encourage a respectful User experience, but is not responsible for the conduct of any User while using the Services. You are solely responsible for your interactions with other Users. You understand that GroundLogs does not conduct background checks on its Users or otherwise inquire into the background of its Users. GroundLogs makes no representations or warranties as to the conduct of Users. GroundLogs reserves the right to conduct any checks or screenings at any time using publicly available records.

12. International Use
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including, but not limited to, rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from any other country.

13. Support
Use of the Services is supported by email and phone when you contact us. We strive to provide personalized customer support and respond to most inquiries within 24 hours during business days, yet we are not able to guarantee 24/7 support at this time.

We regularly update our documentation so that Users can help themselves and Related Persons.

Additionally, we recommend you communicate with any Related Persons that are Users of the Services about your experience with, and questions related to, use of the Services.

14. Communications
In the course of providing you the Services, GroundLogs may communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the Services, including a series of emails which help inform new Users about various features and upgrade opportunities. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the Website.

15. Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Website and provision of the Services, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content, we don’t guarantee or warrant its accuracy, integrity or quality. Because international standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the Website, you may be exposed to content that you find objectionable and/or offensive. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.

16. Termination of use
Your use of the Services may be terminated by GroundLogs at our sole discretion for any of the following, but not limited to, conditions: a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, b) requests by law enforcement or other government agencies, c) a request by you (self-initiated account deletions), d) unexpected technical issues or problems, and e) extended periods of inactivity.

Termination of your GroundLogs account includes removal of access to all offerings within the Website and may also bar you from further use of the Services. Furthermore, you agree that GroundLogs shall not be liable to you nor to any third-party for any termination of your account or access to the Services.

17. Delivery and approval of completed logs
Logs that are completed with third-party boring log software, from data entered into GroundLogs’ Pro Boring Log Software or use of Log Drafting Services, are delivered in 7 calendar days (standard turnaround time) or 3 calendar days (expedited turnaround time). The turnaround time is selected by Users and the log delivery date is calculated based on the selected turnaround time and the date when Users assign the logs for drafting.

In the course of drafting the logs, we may ask a User clarifying questions that require the User’s response so that the logs can be completed for delivery. Based on the timeliness of response by the User, the log delivery date may be adjusted. GroundLogs is not responsible for asking clarifying questions in the course of drafting the logs, or for the content of any clarifying questions.

Upon receipt of the delivered logs, Users have the option to either approve the delivered logs or request Edits within five (5) calendar days of delivery. If neither action is taken by a User within 5 calendar days following delivery of logs, the logs are automatically approved by the Website system. The cost of minor edits is included in the cost of drafted logs.

18. Fees
There are no fees associated with registering for a GroundLogs account. There are no fees associated with GroundLogs’ Basic (Free) Boring Log Software. GroundLogs’ Pro (Paid) Boring Log Software is offered on a pay-as-you-go (per log), annual unlimited use, or pre-paid bulk log fee basis. GroundLogs’ Log Drafting Services are offered on a pay-as-you-go (per log) basis. Pay-as-you-go Boring Log Software and Log Drafting Services are billed in the month following completion and approval of any delivered logs. There is a 100% surcharge on pay-as-you-go Services delivered on an expedited turnaround time. Annual unlimited use and pre-paid bulk log Services are billed at the beginning of the calendar year, or at the time of purchase of bulk logs. GroundLogs reserves the right to modify the pricing of, add to, or discontinue a Service or any portion thereof without prior notice to the respective User. Payment is required to be made by 1) wire transfer, 2) credit card (via PayPal), or 3) PayPal, in US Dollars. Please contact us if you would like to discuss another payment option not presented here.

19. Right of Cancellation
You may cancel registration for any annual unlimited use or pre-paid bulk log Services you have subscribed to at any time by contacting us at contact@groundlogs.online. When you cancel your annual unlimited use or pre-paid bulk log Services account, it will remain active until the end of your current subscription term unless otherwise terminated. Subscription fees will not be prorated or refunded for partial usage.

20. Indemnification
By accepting this User Agreement, you agree to indemnify and otherwise hold harmless GroundLogs, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from: a) your use of the Website and the Services; b) unauthorized access to or alteration of your communications with GroundLogs or through the Website, or c) any other matter relating to GroundLogs, the Website or the Services. Any business transactions which may arise between Users from their use of the Website and the Services are the sole responsibility of the respective Users.

Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that GroundLogs may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of GroundLogs, its Users, and the public.

21. Disclaimer of Warranties
You understand and agree that the Services are provided to Users on an “as is” and “as available” basis and that GroundLogs does not assume any responsibility for prompt or proper delivery, or retention of any User information or communications between Users. GroundLogs assumes no responsibility for the accuracy or existence of any communications between Users. GroundLogs expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

GroundLogs makes no warranty that: a) the GroundLogs service will meet your requirements, b) the Services will be uninterrupted, timely, secure, or error-free, c) the results that may be obtained from use of the Services will be accurate or reliable, d) the quality of any products, Services, information, or other material purchased or obtained by you through the Website or use of the Services will meet your expectations, and e) any errors in the Website or other software provided by GroundLogs will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from GroundLogs shall create any warranty not expressly stated in this User Agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

22. Entire Agreement
This User Agreement constitutes the entire agreement between you and GroundLogs and governs your use of the Website and the Services, superseding any prior agreements between you and GroundLogs.

23. Limitation of Liability
You expressly understand and agree that GroundLogs shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GroundLogs has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

24. Dispute Resolution and Governing Law
This User Agreement shall be governed by the laws of the Republic of Latvia without regard to principles of conflicts of law. Any dispute arising from or related to this User Agreement shall be settled exclusively in the courts of the Republic of Latvia. You hereby irrevocably consent to the jurisdiction of the courts of the Republic of Latvia for such purposes.

25. General Information
The section titles of this User Agreement are displayed for convenience only and have no legal effect.

26. Contact Information
SIA “ICD Logs”
Reg. Nr. 40103302445
Strauta iela 3
Valmiera, LV-4201
Latvia