Terms of Service Agreement
I. Introduction
A. Definition of the Service
Sitehunt.io, is a comprehensive database and Request for Information (RFI) management system designed to
serve the needs of economic developers. Our platform offers users the ability to access, contribute to, and
manage a robust building and sites database, facilitating efficient and informed decision-making in the
field of economic development.
B. Acceptance of Terms
By accessing or using Sitehunt.io, you
acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Acceptance is
signified by clicking the "I Agree" button during the registration process or by otherwise accessing or
using our services. If you do not agree to these terms, please do not use Sitehunt.io.
C.
Modification of Terms
Sitehunt reserves the right to modify these Terms of Service at any time, at its
sole discretion. If we make changes that materially alter your rights or obligations, we will notify you by
email to the address provided upon registration or through a notification within the software. Your
continued use of Sitehunt.io after such changes have been notified will constitute your consent to the
modified Terms of Service.
II. User Accounts
A. Account Creation and Responsibilities
Users must be at least 18 years of age to create an account on Sitehunt.io. During the registration
process, you are required to provide accurate and complete information, and you are responsible for
maintaining the accuracy of this information. Each user is allowed only one account. You are responsible for
all activities that occur under your account and must maintain its security by keeping your password
confidential, regularly updating your password, and taking reasonable measures to prevent unauthorized
access. Notify Sitehunt immediately if you suspect any unauthorized use of your account.
B. Account
Security and Prohibited Activities
You must ensure the security of your account by keeping passwords
secret and regularly changing them. Sharing login credentials is strictly prohibited, as is engaging in any
activity that undermines the security and integrity of the service. Some accounts may offer multi-user
functionality, which must be used in accordance with the terms provided.
C. Termination of Accounts
and Data Retention
Sitehunt may terminate your account for reasons including, but not limited to,
violation of these Terms of Service, user request, or non-payment of fees. Likewise, users have the freedom
to terminate their accounts at any time through the service's account termination process. Following account
termination, whether initiated by Sitehunt or the user, we reserve the right to retain or remove user data
at our discretion. Our data management practices are designed to respect legal and operational
considerations, which may necessitate the retention of certain data. However, we do not guarantee the
preservation of data post-termination and are not obligated to maintain or provide copies of any
information, content, or data associated with terminated accounts.
Please note that after a subscription
has lapsed or an account has been terminated, Sitehunt is not responsible for retaining user data and may
choose to delete or anonymize it without notice. Users are encouraged to maintain their own backups of any
critical data.
D. Account Types, Recovery, and Violation Handling
Sitehunt.io offers multiple
types of user accounts based on the size of the organization and the area it serves. In the event of
forgotten passwords or suspected unauthorized access, an account recovery process is available. Sitehunt
reserves the right to take appropriate action, including account suspension or termination, if an account is
suspected of being compromised or used in violation of the Terms of Service.
III. Use of the
Service
A. User Conduct
Users must not post illegal content, engage in spamming, or use
copyrighted material without proper authorization. Users are responsible for ensuring that all content they
provide is lawful and respectful of intellectual property rights. Users are responsible for the accuracy and
integrity of the data, text, images, and documents they contribute to Sitehunt.io. All content must be
legally owned or rightfully licensed by the user, and users must uphold all copywrite laws and industry
standards. It is expected that users will adhere to ethical guidelines in their use of the
service.
B. Access and Interference
The use of automated systems or software for web scraping,
data mining, or similar activities is strictly prohibited. Users must not interfere with the operational
integrity of Sitehunt.io or attempt to access areas of the service that are not intended for user
interaction. Sitehunt takes reasonable measures to prevent security breaches. Users are obliged to report
any vulnerabilities or security concerns they may encounter to help maintain the safety and integrity of the
service.
C. Service Limitations
Users should utilize AI functions only for purposes directly
related to the software's intended use. Users must utilize the resources provided by Sitehunt.io in a
reasonable manner that aligns with the intended use of the service. Excessive or unreasonable use of the
service may result in the need to modify the user's service plan or take other action to ensure fair
resource allocation among all users. While Sitehunt.io aims to provide a reliable service, Sitehunt does not
guarantee uninterrupted access and will not be held liable for any service interruptions.
D. Service
Changes and Availability
Sitehunt will perform regular maintenance and updates, including new features
and bug fixes, to enhance the service. Users will be informed of significant changes through email or
software announcements on the Sitehunt.io website. Services are available exclusively to users within the
United States. Access may be restricted or discontinued in certain regions if compliance with new
regulations becomes untenable.
IV. User-Generated Content
A. User Content Ownership
Users
retain ownership of any and all content they generate and post on Sitehunt.io. Sitehunt does not claim any
ownership rights to user-generated content. However, in order to facilitate the processing and functionality
of the service, users acknowledge that it is necessary for Sitehunt to handle their content within the
operational scope of Sitehunt.io.
B. Grant of License to User Content
By posting content on
Sitehunt.io, users grant Sitehunt a non-exclusive, royalty-free, worldwide license to use, display, and
distribute the content in relation to operating the service and improving service offerings. This license is
necessary for the performance of the service and remains in effect for as long as the content remains on the
platform. The license does not restrict users from using their content elsewhere.
C. User Content
Standards and Responsibility
User-generated content must be accurate, legally owned by the user, and not
violate any copyright laws. Additionally, content must not be offensive, harmful, or otherwise in violation
of the Terms of Service. Users assume all responsibility for the content they post, including legal
responsibility and accuracy. Sitehunt assumes no responsibility for user-generated content and does not
endorse any content posted by users.
D. Content Review and Removal
Sitehunt does not proactively
review user-generated content. The platform operates on a "notice and takedown" basis, strictly adhering to
the DMCA processes for responding to claims of copyright infringement. Upon receiving a valid DMCA takedown
notice, Sitehunt will remove the reported content and notify the user who posted it. Users who believe their
content was removed in error or that their content does not infringe upon copyright may submit a DMCA
counter-notification. Sitehunt will follow the statutory requirements of the DMCA in addressing such
counter-notifications.
E. Reporting Infringements
If you believe that content on Sitehunt.io
infringes your copyright, please send a DMCA takedown notice to our Designated Agent, Dane Carlson, at
dmca@sitehunt.io. Your notice must include your contact information, a description of the copyrighted work
and the infringing material, a statement of unauthorized use, and a declaration under penalty of perjury
that your claim is accurate and that you are authorized to act on behalf of the copyright owner. Upon
receiving a valid notice, Sitehunt will remove the infringing content and notify the poster, allowing them
to file a counter-notification.
V. AI-Generated Content and Analysis
A. Ownership of
AI-Generated Content
The AI on our platform provides insights to assist users in generating their final
content. While the AI facilitates content creation, ownership of the AI-generated content is shared between
the user who inputs and verifies the data and the platform. Users are ultimately responsible for the data
they enter into the database and are considered the owners of their submitted content.
B. Use of
AI-Generated Content
Users are permitted to use AI-generated insights for creating and enhancing content
within the database, in promotional materials, in response to Requests for Information (RFIs), and on
public-facing property displays. However, users are prohibited from monetizing any AI-generated content
directly. The platform provides these insights as a tool for users, and any use of this content should align
with the guidelines set forth herein.
C. Reliability and Accuracy of AI Analysis
The platform
makes no guarantees regarding the reliability or accuracy of AI-generated insights. These insights are
intended to be used as aids in content creation and decision-making. Users must verify and validate the
insights provided by the AI before inserting data into the database or using it for any purpose. The
platform is not responsible for any decisions made based on unverified AI insights or for any inaccuracies
found within them.
D. Intellectual Property Rights in AI Content
The AI-generated insights are
the result of shared ownership between the platform and its users. Users maintain the right to modify
AI-generated insights and may extend this right to third parties with proper permission. The platform
retains a non-exclusive license to use the AI-generated insights for the purpose of improving the software's
functionality. Any user contributions that help train the AI are utilized solely to enhance the software,
and the platform makes no claim over intellectual property rights for these contributions, except as
necessary for software enhancement. Third parties wishing to use the AI-generated content must obtain
permission from the users who have verified and entered the final data content. The platform does not claim
copyright over the AI-generated insights, and users are not permitted to monetize these insights
directly.
VI. Intellectual Property Rights
A. Ownership of Service and Content
The
platform owns all content and services provided directly by the platform, including but not limited to text,
graphics, user interface, visual interface, photographs, logos, sounds, music, artwork, computer code, and
other materials, as well as the design, structure, selection, coordination, expression, and arrangement of
such content. This content is protected by copyright, trademark, and other intellectual property laws and
treaties. Users are granted a limited license to access and use this content for personal, non-commercial
purposes in accordance with our terms and conditions. Any unauthorized use, reproduction, modification, or
commercial exploitation of the platform's content is strictly prohibited.
B. Branding
Sitehunt’s
brand name, logos, and any other identifiers used by the platform are the property of the platform and
should not be used without permission. Users and third parties are prohibited from misrepresenting
themselves as representatives of the platform or using the platform's branding in a way that could cause
confusion or imply endorsement, sponsorship, or affiliation without express consent.
C. Copyright
Infringement (DMCA Policy)
For information regarding the handling of copyright infringement and DMCA
policy, please refer to Section IV, Subsections D and E, which detail our procedures for reporting
infringements and our commitment to following DMCA processes.
D. User Feedback
The platform
welcomes and encourages user feedback, such as suggestions for improvements or new features. However, by
submitting feedback, users agree that they relinquish any intellectual property rights they may have in
their suggestions, and the platform is free to use, implement, and exploit this feedback without restriction
or compensation.
VII. Subscription and Payment
A. Subscription Plans
We offer a variety of
subscription plans tailored to meet the needs of organizations of different sizes and service areas. Our
plans are available on a monthly or annual basis and are tiered to accommodate the number of users and
properties your organization manages. Each plan tier comes with specific features and limitations, which are
detailed on our subscription page. We encourage you to review these details to choose the plan that best
fits your needs.
B. Fees and Payment Terms
Subscription fees are charged in United States Dollars
(USD) and are subject to the terms of the selected plan. We currently process payments through Stripe,
accepting all major credit cards for automatic billing. For annual subscriptions, we also accept purchase
orders. By subscribing to our service, you agree to these payment terms and authorize us to charge your card
or process your purchase order for subscription fees, including any applicable taxes and other
charges.
C. Renewal and Cancellation
Subscriptions are set to renew automatically. To cancel your
subscription, you must provide a 30-day notice prior to the renewal date. Cancellation requests can be
submitted through your account settings or by contacting our support team. Please note that no refunds will
be issued for cancellations or for any unused portion of the subscription term.
D. Refunds and
Credits
All subscription fees are non-refundable. We do not offer credits or refunds for partially used
subscription periods or for any unused services. We encourage you to consider this policy when choosing your
subscription plan and renewal options.
VIII. Privacy and Data Protection
A. Data Collection
and Use
Our platform is committed to protecting the privacy of our users. We collect both personal and
non-personal data to provide and improve our services, facilitate user interaction, and comply with legal
requirements. Personal data may include, but is not limited to, name, contact information, and payment
details. Non-personal data may include usage statistics and browser information. We obtain user consent for
data collection and use in accordance with applicable laws and provide users with the option to opt-out
where appropriate. For more detailed information on how we handle your personal data, please refer to our
Privacy Policy.
B. Data Security
We prioritize the security of our users' data and employ a range
of technical and organizational measures to protect it against unauthorized access, alteration, disclosure,
or destruction. Our security measures are regularly reviewed and updated in line with technological
advancements. In the event of a data breach, we will take prompt action in accordance with our incident
response plan and notify affected users as required by law.
C. User Privacy Rights
Users have the
right to access, review, update, or delete their personal data at any time. If you wish to exercise any of
these rights, please contact our support team. We will process your request in accordance with our internal
policies and legal obligations. Users also have the right to withdraw consent for data processing, subject
to any limitations imposed by law.
D. Compliance with Data Protection Laws
Our platform complies
with all applicable data protection laws, including but not limited to the General Data Protection
Regulation (GDPR) for users in the European Union, and other regional regulations. We regularly review our
data collection, storage, and processing practices to ensure compliance.
IX. Third-Party Services
and Content
Our platform does not provide links to, integrate with, or endorse any third-party websites,
services, or content. We are solely focused on delivering our proprietary content and services, and we take
no responsibility for any third-party materials or their practices. As such, users will not encounter
third-party links or integrations within our platform, ensuring a consistent and secure experience with the
content we directly offer.
X. Termination and Suspension
Users may terminate their subscription by
canceling in their billing information settings or contacting us directly, with the same 30-day notice
requirement prior to the renewal date as detailed in Section VII.C. Upon termination by the user, no refunds
will be issued for any remaining subscription term. Sitehunt may terminate a user's account for reasons
outlined in Section II.C & D, which include but are not limited to, violations of the Terms of Service,
user request, or non-payment of fees. Following termination by either party, all associated data will be
deleted in accordance with our data retention policy and applicable laws. Additionally, as per Section II.D,
in cases of forgotten passwords, unauthorized access, or violations of the Terms of Service, Sitehunt
reserves the right to suspend or terminate accounts and will provide an account recovery process to address
such issues.
XI. Disclaimers and Limitations of Liability
A. Service Provided "As Is"
The
service is provided "as is" without any warranties, express or implied. Sitehunt does not guarantee that the
service will be uninterrupted, secure, or error-free, nor the accuracy of any information
provided.
B. Limitations of Liability
To the fullest extent permitted by applicable law, Sitehunt
shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss
of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or
other intangible losses, resulting from (a) your access to, use of, or inability to access or use the
service; (b) any conduct or content of any third party on the service; or (c) unauthorized access, use, or
alteration of your transmissions or content. In no event shall Sitehunt’s aggregate liability for all claims
related to the service exceed the amount paid by you to Sitehunt in the past six months for the service in
question.
C. Indemnification
You agree to defend, indemnify, and hold harmless Sitehunt and its
parent, subsidiaries, affiliates, officers, directors, agents, partners, and employees from and against any
and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not
limited to attorney's fees) arising from or in connection with: (i) your use of and access to the Service,
including any AI features within the Service; (ii) your violation of any term of these Terms of Service;
(iii) your violation of any third-party right, including without limitation any copyright, trademark, trade
secret, or other proprietary or intellectual property right; (iv) any AI-generated content or decisions made
by AI algorithms; (v) any errors, inaccuracies, or unintended actions of AI; or (vi) any claim that your
content caused damage to a third party or any reliance on any information or recommendations provided by the
AI. This defense and indemnification obligation will survive the termination or expiration of these Terms of
Service and your use of the Service.
XII. Governing Law and Jurisdiction
These Terms of Service
and any related disputes shall be governed by and construed in accordance with the laws of the State of
Texas, without regard to its conflict of law principles. The parties agree to first attempt to settle any
claim or controversy arising out of or relating to these Terms through mediation in Galveston County, Texas.
Mediation is a required condition precedent to pursuing any other legal or equitable remedies. Should
litigation be necessary, parties agree to submit exclusively to the jurisdiction of the state and federal
courts located in Galveston County, Texas, for the resolution of all disputes.
XIII.
Miscellaneous
A. Entire Agreement
These Terms of Service constitute the entire agreement between
you and Sitehunt and govern your use of the Service, superseding any prior agreements or communications
between you and Sitehunt regarding the Service.
B. Severability
If any provision of these Terms
of Service is deemed invalid or unenforceable, the remaining provisions will continue in full force and
effect.
C. Waiver
The failure of Sitehunt to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.
D. Assignment
You may
not assign or transfer these Terms of Service, by operation of law or otherwise, without Sitehunt prior
written consent. Sitehunt may assign or transfer these Terms of Service, at its sole discretion, without
restriction.
XIV. Contact Information
A. How to Contact Us
Should you have any questions
about these Terms of Service or wish to contact us for any reason related to our service, please do so at
the following:
Email: info@sitehunt.io
Phone: 209-626-6261
Mail: 3420 Patagonia St., League
City, TX 77573
We welcome your inquiries and feedback and will strive to respond to your
communications promptly.
B. Notices
Sitehunt will provide notices to users via the email address
provided at registration, through postings on the service interface, or via mail to the address provided in
your account information. It is your responsibility to keep your contact information up to date to ensure
you receive all notices.
XV. Effective Date of Terms
These Terms of Service are effective as of
February 25, 2024, and will apply to the use of our service from this date forward.