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SiteScape is a solution of the FARO Technologies Group of companies and its parent company FARO Technologies, Inc (“FARO”). The FARO Privacy Policy is available under Privacy Policy (faro.com) and governs your use of the software application SiteScape (“Application”) for mobile devices. The Application allows users to create 3D point cloud scans of objects and environments. Does the Application collect precise real time location information of the device? This Application does not collect precise information about the location of your mobile device
Changes
This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.
Contact us
If you have any questions regarding privacy while using the Application, or have questions about our practices, please contact us via email at privacy(at)faro.com or call us at +1 (407) 333-9911.
Identity of the Privacy Officer
FARO’s data privacy officer can be contacted at: DPO(at)faro.com
SiteScape offers a cloud-based software platform for 3D Scanning (“Services”), making the power of mobile scanning accessible and productive for everyone. Since our products are cloud-based, you can access them through the web and through a number of device types (e.g., desktop, laptop, tablets, and smartphone devices).
1 - Using our Services
You must follow any policies made available to you within the Services.Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access other than as expressly set out in these Terms. Other than User Content (addressed below), you may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt-out of some of those communications.
1.1 - Fair Usage
Our Fair Use Policy has been created to prevent improper use of SiteScape software, so we can offer all our customers an excellent user experience. The Fair Use Policy for our SaaS solution includes user access, data processing, storage, and sharing. Each SiteScape license is to be used by one person only, and reasonable amounts of data creation for a single person, and is not to be shared with any other user. To determine the scope of Fair Use we take into account your license against the usage typical across the universe of accounts. When we detect out-of-the-ordinary levels of usage in your SiteScape account, we’ll contact you to discuss the situation and potential alternatives. If usage does not come into compliance with our policy, we reserve the right to limit your account or terminate your license and access to the system.
2 - Your SiteScape Account
You may need a SiteScape Account in order to use some of our Services. You may create your own SiteScape Account, or your SiteScape Account may be assigned to you by an administrator, such as your employer. An account is defined as one named user individual (“User”) that can use the Service at a time. Multiple Users may not use the same User account via sharing login details or utilizing a team-based email address, and only one human being can be associated with a particular User account. If you are using a SiteScape Account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.To protect your SiteScape Account, keep your password confidential. You are responsible for the activity that happens on or through your SiteScape Account. Try not to reuse your SiteScape Account password on third-party applications.
3 - Ownership; Proprietary Rights
The Service is owned and operated by SiteScape. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by SiteScape are protected by intellectual property and other laws. Except as expressly authorized by SiteScape, you may not make use of the Materials. In addition, we will own any and all right, title, and interest in, and to any feedback, suggestions, information, or materials you convey to us related to the Service in connection with your use of the Service ("Feedback"). You hereby assign to SiteScape all right, title, and interest in such Feedback.
4 - Billing and Payment
Access to the Service requires you to purchase a subscription and to pay our automatically recurring monthly or annual subscription fees. Access to certain features of the Service may require you to pay additional fees.All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paid subscription plan will trigger an invoice. For monthly payment subscription plans, the Service is billed automatically in advance via credit card on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4.1 - Fees
During the Contract Term (or Evaluation Term where applicable), you will be charged Fees for Users and any applicable Add-On Features or Activity-Based Features. Except as otherwise specified herein or in an Order Form: (a) Fees are quoted and payable in United States dollars; (b) User and Add-On Fees are based on Services purchased and not actual usage; (c) your obligation to pay all Fees is non-cancelable, and Fees paid are non-refundable. SiteScape will not increase the Fees during the Contract Term stated in the then-current Order Form. On renewal, you acknowledge that SiteScape may, from time to time, add additional features or functionality to the Services that SiteScape does not make generally available without payment of additional Fees, and that your access to and use of such additional features and functionality may require payment of additional Fees.
4.2 - Payment Terms
You will pay Fees via credit card or by other payment type specified in the applicable Order Form. If you are making payments of Fees via credit card, You agree to provide accurate payment information and hereby authorize SiteScape to charge such credit card for all Fees set forth in an applicable Order Form for the Contract Term (and any renewal thereof).For payment of Fees by any method other than credit card (for example, check, wire transfer, or ACH), beginning on the start date set forth in an Order Form, SiteScape shall invoice you for Fees in accordance with the payment frequency stated in the applicable Order Form. You shall pay Fees in accordance with the Order Form. Unless otherwise stated in the applicable Order Form, all payments for which invoices are delivered are due within thirty (30) days after the date of the invoice.If SiteScape has not received payment of Fees by the applicable due date, then SiteScape may assess a late fee of one and one-half percent (1.5%) per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid and/or condition future Contract Term renewals and Order Forms on payment terms shorter than those specified herein.If you have elected to pay Fees via credit card and the credit card is charged back to SiteScape or if any Fees invoiced to you are not paid within thirty (30) days of the invoice date, SiteScape may: (i) with respect to chargebacks, cease charging your credit card and invoice you for the amount charged back and any future Fees; (ii) accelerate the payment of any Fees payable; (iii) immediately suspend your access to the Services until payment is made; and/or (iv) immediately terminate the applicable Order Form for which Fees were due and/or terminate this Agreement.
5 - Taxes
You are responsible for paying, and will pay, all applicable Taxes, and will indemnify and hold SiteScape harmless from any costs associated with the collection or withholding thereof, including penalties and interest. Unless otherwise stated in an Order Form, the Fees listed on an Order Form may not be inclusive of any applicable Taxes. When possible, your invoices will include Fees and Sales Taxes, but there may be some instances when your invoice does not include Fees and Sales Taxes, but you are still responsible for them. If SiteScape has the legal obligation to pay or collect Taxes for which you are responsible under this Section 5, the appropriate amount shall be invoiced to and paid by you unless you provide SiteScape with a valid Tax exemption certificate authorized by the appropriate taxing authority.
6 - Privacy and Copyright Protection
SiteScape’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that SiteScape can use such data in accordance with our privacy policies and applicable law. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. Each party agrees to protect and not to disclose any confidential or proprietary information exchanged by a party in the course of providing and receiving our Services. Please note that the SiteScape solution is not suitable for picturing humans or other representations of personally identifiable information (“PII”). You agree to take full legal responsibility if you inadvertently or purposefully picture PII.
7 - Your Content in our Services
Certain features of the Service may permit users to generate or post content, including messages, reviews, video, scans, folders, data, text, photographs, images, and data gathered by a mobile device (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In short, what belongs to you stays yours.To provide our Service, we do require a license to your User Content, so that we can store your data on our servers, process it, and transmit it to you: when you upload, submit, store, send or receive content to or through our Services, you hereby grant to SiteScape (and those we work with) a non-exclusive, worldwide license to use, store, reproduce, process, modify, publish, transmit, display, and distribute your User Content. The rights you grant in this license are for the limited purpose of operating and improving our Services, and to develop new products and services. This license continues even if you stop using our Services.Why do we need these rights? The following situations are a few examples of where we would need these rights: In order to receive your uploaded scans, we need the right to store and transmit the data.We need the rights to store, transmit, process, modify the user content (scans) in order to post-process the scan data to improve scan quality and usability. If you would like to see the resulting scans and share them with people you have selected using SiteScape, we need the rights to transmit, display and distribute your user content. Again - since you own the Intellectual Property of the data, that means we can’t share or distribute this data without your permission, and we need this permission in order to provide the service to you.
7.1 - User Content Representations and Warranties
You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you represent, and warrant that: you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize SiteScape and users of the Service to use and distribute your User Content; and your User Content, and the use thereof as contemplated herein, does not and will not: (i) infringe any third-party right, including any intellectual property, privacy or proprietary right; or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person.
7.2 - User Content Disclaimer
We are under no obligation to edit or control User Content that you or other users post or publish and will not be in any way responsible or liable for User Content. SiteScape may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SiteScape with respect to User Content.
8 - Third-Party Services
SiteScape may provide tools through the Service that enable you to export information, including User Content, to third-party services (such as Procore by Procore Technologies, Inc., or IPX by Integrated Projects Technology, Inc.). By using one of these tools, you agree that we may transfer that information to the applicable third-party service. Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information.
9 - About Software in our Services
SiteScape gives you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you by SiteScape as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by SiteScape, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless you have our written permission.The Software may contain or be accompanied by software code provided by third parties (“Third Party Software”) that is subject to separate license terms (the “Third Party Terms”), and not any license contained in these Terms. Your use of the Third-Party Software in conjunction with the Service in a manner consistent with the Terms is permitted. However, you may have broader rights under the applicable Third Party Terms and nothing in these Terms is intended to impose further restrictions on your use of the Third-Party Software.
10 - Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionality or features, and we may suspend or stop a Service altogether. SiteScape may stop providing Services to you, or add or create new limits to our Services at any time.We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
10.1 - Terms of Agreement
The term of this Agreement will commence on the Effective Date and, unless earlier terminated, will expire at the end of the Term. If you purchases Services, the term of this Agreement will commence on the Effective Date and, unless earlier terminated in accordance with this Agreement, will continue for the duration of any Contract Term set forth in an applicable Order Form. Except as otherwise specified in the applicable Order Form, all Contract Terms shall automatically renew for additional periods equal in duration to the expiring Contract Term or one year (whichever is shorter), unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the relevant Contract Term.
10.2 - Termination
Either party may terminate this Agreement or any individual Order Form: (a) for cause if the other party materially breaches this Agreement or an Order Form and does not remedy such breach within thirty (30) days after its receipt of written notice of such breach; (b) immediately if the other party: (i) terminates its business activities or becomes insolvent; (ii) admits in writing to the inability to pay its debts as they mature; (iii) makes an assignment for the benefit of creditors; or (iv) becomes subject to direct control of a trustee, receiver, or similar authority; or (c) in the case of SiteScape, immediately if you do not pay the Fees when due as described in Section 4.
10.3 - Effect of Termination
Upon any expiration or termination of this Agreement: (a) your right to use the Services shall cease, and SiteScape shall have no further obligation to make the Services available to you; (b) except as otherwise expressly stated herein, all rights and licenses granted to you under this Agreement will immediately cease; (c) except as provided in Section 8, SiteScape will have no obligation with respect to any of your Data; and (d) you will pay any unpaid Fees payable for the remainder of the Contract Term under any applicable Order Form in effect prior to the termination date.
10.4 - Survival
The following Sections will survive any expiration or termination of this Agreement:3 (Ownership; Proprietary Rights)4 (Billing and Payment)5 (Taxes)6 (Privacy and Copyright Protection, Confidentiality)7 (Your Content in our Services)11 (Our Warranties and Disclaimers)13 (Indemnity)12 (Liability for our Services)10.3 (Effect of Termination)10.5 (Survival) and 15-18 (Miscellaneous)
11 - Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SITESCAPE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
12 - Liability for our Services
WHEN PERMITTED BY LAW, SITESCAPE, AND SITESCAPE SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SITESCAPE, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).IN ALL CASES, SITESCAPE, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
13 - Indemnity
You agree to defend, indemnify, and hold SiteScape and our affiliates, officers, agents, and employees harmless from and against any demands, loss, liability, claims, or expenses (including reasonable attorneys’ fees) made against us by any third party due to or arising out of your use of the Service.
14 - Force Majeure
SiteScape will not be liable for any failure or delay in the availability of the Service or any other performance of its obligations under these Terms on account of strikes, shortages, riots, insurrection, pandemics, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages, or any other cause that is beyond SiteScape’s reasonable control, including any failure of wireless cellular services provided by any third party in connection with your use of the Service.
15 - Dispute Resolution
These Terms provide that all disputes between you and SiteScape will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.
16 - Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify SiteScape and its affiliates, officers, agents, and employees from any claim, suit, or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorney's fees.
17 - About these Terms
These Terms provide that all disputes between you and SiteScape will be resolved by BINDING ARBITRATION. You agree to give up your right to go to court to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury, and your claims cannot be brought as a class action.We may modify these Terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should cancel your SiteScape Account and discontinue your use of that Service.These Terms control the relationship between SiteScape and you. They do not create any third-party beneficiary rights. If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
Contact Us
If you have any questions regarding our terms of service or our practices please contact us via email at hi@sitescape.ai.