Terms of Service

These Terms of Service ("Terms") govern your access to and use of the SepticSync platform, website, mobile applications, and related services (collectively, the "Service") provided by SepticSync, Inc. ("SepticSync," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of a municipality, county, agency, or other organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization.

2. Service Description

SepticSync provides a cloud-based compliance management platform for onsite wastewater treatment systems (septic systems). The Service enables municipalities, service providers, and property owners to:

• Track and manage septic system compliance records on a per-parcel basis
• Submit, receive, and process inspection reports, pumping records, and lab results electronically
• Generate compliance reports, analytics, and dashboards for municipal oversight
• Send automated reminders for inspection and maintenance deadlines
• Facilitate communication and data sharing among authorized stakeholders through role-based access controls
• Produce documentation for property transfers, board meetings, and regulatory filings

The Service is designed as a compliance management tool and does not constitute legal, engineering, or environmental consulting advice. Municipalities and service providers are responsible for their own regulatory compliance decisions.

3. Account Registration

To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account
• Ensuring that all users within your organization comply with these Terms

Municipal accounts require verification of authorized representative status. We reserve the right to suspend or terminate accounts that provide false or misleading information during registration.

4. Subscription and Payment

Pricing and Plans

The Service is offered through subscription plans as described on our pricing page. Pricing is subject to change with 60 days' written notice to existing subscribers. All fees are quoted in U.S. dollars.

Billing

Subscriptions are billed monthly or annually, depending on the plan selected. Payment is due at the beginning of each billing cycle. All fees are non-refundable except as expressly stated in these Terms or required by law.

Free Trial

We may offer a free trial period for new subscribers. At the end of the trial period, your account will be automatically converted to a paid subscription unless you cancel before the trial expires. We will provide notice before any charges are applied.

Taxes

Fees do not include taxes. Municipal subscribers may be exempt from certain taxes, and we will work with you to apply applicable exemptions upon receipt of valid tax-exempt documentation.

5. Data Ownership

Municipal Data: All compliance data, inspection records, property information, and other data entered into or generated by the Service on behalf of a municipality remains the sole property of that municipality. SepticSync does not claim ownership of municipal data. Municipalities retain full control over their data and may export it at any time in standard formats (CSV, PDF, JSON).

Service Provider Data: Data entered by service providers (inspection reports, pumping records, lab results) that is filed with a municipality becomes part of the municipal record. Service providers retain access to their own submitted data and internal operational data (scheduling, routing, billing).

Homeowner Data: Homeowners own their personal account information. Property compliance records are associated with the parcel and are governed by the municipality's data policies.

License to SepticSync: You grant SepticSync a limited, non-exclusive license to use your data solely for the purpose of providing, maintaining, and improving the Service. We may use anonymized, aggregated data for analytics, benchmarking, and product development, provided such data cannot reasonably be used to identify any individual, property, or municipality.

Data Portability: Upon termination of your subscription, SepticSync will make all your data available for export for a period of 90 days. We will provide reasonable assistance to facilitate data migration to a successor system. After the 90-day export period, data will be securely deleted from our systems unless retention is required by law.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulation
• Submit false, misleading, or fraudulent compliance data or inspection reports
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or related systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any aspect of the Service
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Service without prior written consent
• Share your account credentials with unauthorized individuals
• Use the Service to send unsolicited communications or spam
• Upload content that infringes on intellectual property rights of third parties
• Circumvent any access controls, rate limits, or security measures implemented by the Service

Violation of these acceptable use provisions may result in immediate suspension or termination of your account.

7. Intellectual Property

The Service, including its design, features, functionality, source code, documentation, trademarks, logos, and all related intellectual property, is owned by SepticSync and protected by United States and international intellectual property laws.

Your subscription grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purpose during the term of your subscription. This license does not include the right to modify, distribute, sell, or create derivative works based on the Service.

Any feedback, suggestions, or ideas you provide about the Service may be used by SepticSync without obligation or compensation to you.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory
• SepticSync does not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components
• SepticSync is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service
• SepticSync's total aggregate liability for any claims arising under these Terms shall not exceed the amount you paid for the Service during the twelve (12) months preceding the claim
• SepticSync is not responsible for compliance decisions made by municipalities or service providers based on data presented through the Service

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

9. Termination

Termination by You

You may terminate your account at any time by contacting us or using the account cancellation feature in the Service. Termination takes effect at the end of the current billing period. No refunds are provided for partial billing periods except during the free trial.

Termination by SepticSync

We may suspend or terminate your access to the Service immediately and without prior notice if you violate these Terms, fail to pay fees when due, or if we reasonably believe your use of the Service poses a security risk. For non-payment, we will provide at least 15 days' written notice before suspension.

Effect of Termination

Upon termination, your right to access the Service ceases immediately (except for the 90-day data export period described in Section 5). We will make your data available for export as described in the Data Ownership section. Provisions that by their nature should survive termination will survive, including data ownership, limitation of liability, and dispute resolution.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the personal jurisdiction and venue of such courts.

11. Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@septicsync.com to attempt to resolve the dispute informally. We will endeavor to resolve disputes within 30 days of receiving your notice.

Mediation

If the dispute cannot be resolved informally, the parties agree to submit the dispute to mediation administered by a mutually agreed upon mediator in the State of New York. The costs of mediation shall be shared equally between the parties.

Litigation

If mediation is unsuccessful, either party may pursue legal action in the courts specified in Section 10. Nothing in this section prevents either party from seeking injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

Municipal Subscribers

We acknowledge that municipal subscribers may be subject to specific dispute resolution requirements under New York law. Nothing in these Terms is intended to waive any rights or protections afforded to municipalities under applicable law, including but not limited to the New York General Municipal Law.

12. Changes to Terms

We reserve the right to modify these Terms at any time. For material changes, we will provide at least 30 days' advance notice via email to the address associated with your account and by posting the updated Terms on our website with a revised "Last updated" date.

Material changes include modifications to data ownership provisions, limitation of liability, pricing terms, or dispute resolution procedures. Your continued use of the Service after the effective date of the changes constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Service before the effective date.

13. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and SepticSync regarding the Service
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. SepticSync may assign its rights and obligations without restriction
• Force Majeure: SepticSync shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including natural disasters, acts of government, pandemics, or infrastructure failures
• Notices: Notices to SepticSync must be sent to legal@septicsync.com or by mail to our principal office. Notices to you will be sent to the email address associated with your account

14. Contact

If you have questions about these Terms of Service, please contact us:

• Email: legal@septicsync.com
• Mail: SepticSync, Inc., Attn: Legal Department, New York, NY
• Phone: (845) 555-1234

For general inquiries, please visit our Contact page.