End User License Agreement
The license terms that govern individual use of StormwaterIQ desktop and mobile applications, including the Inspector field application.
This End User License Agreement ("EULA") is between you ("you" or "End User") and StormwaterIQ, Inc. ("StormwaterIQ"). It governs your individual use of the StormwaterIQ desktop and mobile applications, including the Inspector field application for iOS and Android (the "Software").
If you are using the Software in your capacity as an employee or contractor of an organization that has a written agreement with StormwaterIQ (the "Customer Agreement"), the Customer Agreement governs your organization's rights to the Software. This EULA governs your rights as an individual End User and is in addition to, and does not supersede, the Customer Agreement.
By installing, accessing, or using the Software, you agree to this EULA. If you do not agree, do not install or use the Software.
1. License grant
Subject to your compliance with this EULA, StormwaterIQ grants you a limited, non-exclusive, non-transferable, revocable license to install and use one copy of the Software on devices owned or controlled by you or your employer, solely:
- to perform your duties on behalf of an authorized customer organization; and
- in accordance with this EULA, the Customer Agreement, and any documentation we publish.
2. Restrictions
You will not, and will not permit anyone to:
- copy, modify, or create derivative works of the Software;
- reverse engineer, decompile, or attempt to derive the source code, except to the extent that applicable law expressly permits despite this limitation;
- rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Software;
- remove or obscure any proprietary notices on the Software;
- use the Software to develop a competing product;
- circumvent any technical limitations or access controls;
- use the Software to process information that you are not authorized to access.
3. Field-collected data and integrity
Inspection records, photos, GPS tracks, signatures, and similar field-collected data are the property of the customer organization that authorized the inspection. You agree to:
- enter only accurate information, and to confirm or override automated computer-vision findings honestly;
- not falsify timestamps, geolocation, signatures, or photographic evidence;
- not delete or alter inspection records once submitted, except through the platform's documented correction workflow.
These obligations exist because the records produced by the Software are used in regulated compliance reporting. Falsified or altered records may expose you and your organization to civil and criminal liability under federal and state environmental law.
4. Updates
StormwaterIQ may make available updates, upgrades, or replacements to the Software ("Updates"). Updates are part of the Software and subject to this EULA. We may install Updates automatically. If you decline an Update, the Software may cease to function or may not function correctly.
5. Open source components
The Software may include open-source components licensed under their own terms. Those components are licensed to you under the applicable open-source license, and not under this EULA, to the extent the open-source license is more permissive or where required by law. Notices and licenses for open-source components are provided in the Software's documentation.
6. Privacy
Information collected through the Software is processed in accordance with the StormwaterIQ Privacy Policy and the Customer Agreement. Field background location is opt-in and disabled by default; foreground location and camera access are required to perform inspections.
7. Intellectual property
The Software is licensed, not sold. StormwaterIQ and its licensors retain all right, title, and interest in and to the Software, including all intellectual property rights. You receive no rights other than those expressly granted in this EULA.
8. Termination
This EULA terminates automatically if you breach it, when your authorization from the customer organization ends, or when the Customer Agreement terminates. On termination, you must stop using the Software and remove all copies from your devices. Provisions that by their nature should survive termination will survive.
9. Disclaimers
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORMWATERIQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SOFTWARE INCLUDES COMPUTATIONAL HYDROLOGY, COMPUTER-VISION, AND PERMIT-VERIFICATION FEATURES THAT ARE INTENDED TO ASSIST QUALIFIED PROFESSIONALS. ALL OUTPUTS REQUIRE PROFESSIONAL REVIEW BEFORE USE IN A REGULATORY OR ENGINEERING DECISION.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, STORMWATERIQ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SOFTWARE. WHERE LIABILITY CAN BE LIMITED BUT NOT EXCLUDED, OUR AGGREGATE LIABILITY TO YOU UNDER THIS EULA WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100).
11. U.S. government end users
The Software is "commercial computer software" and the documentation is "commercial computer software documentation," as those terms are defined in the Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS). U.S. government end users acquire the Software with only those rights set forth in this EULA.
12. Export
You will comply with all applicable U.S. export-control laws and regulations. You will not export or re-export the Software to any country, person, or entity prohibited by those laws.
13. App-store terms
If you obtained the Software through Apple's App Store or Google Play, additional terms imposed by those platforms also apply. In the case of any conflict, the platform terms control with respect to the platform-specific obligations they govern.
14. Governing law
This EULA is governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws rules. Disputes will be resolved exclusively in the state or federal courts located in Delaware.
15. Entire agreement
This EULA, together with any applicable Customer Agreement and the Privacy Policy, is the entire agreement between you and StormwaterIQ regarding the Software, and supersedes any prior agreements regarding its subject matter.
16. Contact
Questions about this EULA: legal@stormwateriq.com.