Terms of Service

1. Acceptance of Terms

By accessing or using DamSafety.IO (the "Service"), operated by Dam Safety Software LLC ("Provider", "we", "us", or "our"), you ("Customer", "you", or "your") agree to be bound by these Terms of Service. If you do not agree to these terms, you must not access or use the Service.

2. Description of Service

DamSafety.IO is a cloud-based dam safety management platform that provides tools for monitoring, inspection management, documentation, and emergency response coordination for dam facilities. The Service includes:

• Web-based access via secure browser interface
• Mobile applications for field data collection
• SMS alert notifications for emergency conditions
• Real-time monitoring of water levels, weather, and seismic activity
• Document management and emergency action planning tools
• Multi-tenant organizational access controls

Note: The Service is currently in active development. Features may be added, modified, or removed. We will make reasonable efforts to provide notice of material changes.

3. Professional Responsibilities and Limitations

3.1 Professional Engineer Requirements

Customer acknowledges that all engineering decisions, safety assessments, dam condition evaluations, and structural analyses must be made by or under the supervision of a Professional Engineer (PE) licensed in the jurisdiction where the dam is located. The Service provides tools to support professional work but does not constitute engineering services.

3.2 No Substitute for Professional Judgment

The Service is not intended in any way as engineering advice. Results, calculations, or recommendations provided by the Service should not be the sole basis for any action or inaction. The Professional Engineer of record retains full responsibility for evaluating all outputs and implementing appropriate safety measures.

3.3 Sensor and Instrument Accuracy

Customer is solely responsible for proper installation, calibration, maintenance, and validation of all monitoring instruments and sensors. Provider is not responsible for sensor accuracy, calibration, or the reliability of data collected from third-party monitoring equipment.

3.4 Emergency Action Plan Responsibility

Customer is solely responsible for developing, maintaining, implementing, and updating Emergency Action Plans (EAPs) in accordance with federal, state, and local regulatory requirements. The Service supports but does not replace EAP requirements or obligations under FERC Part 12 or state dam safety programs.

4. SMS Terms and Emergency Alert Limitations

4.1 SMS Notification Terms

By opting in to receive SMS messages from DamSafety.IO, you agree to the following:

• Message Types: You will receive dam safety alerts, inspection reminders, emergency notifications, and system updates
• Message Frequency: Message frequency varies based on system activity and alert conditions. During emergency situations, message frequency may increase significantly.
• Costs: Message and data rates may apply. Check with your carrier for details. Standard messaging rates apply.
• Opt-Out: Reply STOP to any message to unsubscribe from SMS notifications
• Help: Reply HELP for assistance or contact support@damsafety.io

4.2 Critical Alert Delivery Limitations

⚠️ IMPORTANT: Wireless carriers are not liable for delayed or undelivered messages. Customer acknowledges that urgent safety alerts may not be received in a timely manner due to network conditions, device status, or other factors beyond Provider's control.

Customer must not rely solely on SMS notifications for critical safety decisions and must maintain redundant communication systems for emergency notifications. Provider does not guarantee the delivery, timing, or reliability of any alert notifications.

5. Service Level Agreement

5.1 Uptime Commitment

Provider will use commercially reasonable efforts to maintain Service availability of 99.9% uptime, calculated monthly, excluding scheduled maintenance windows and force majeure events.

5.2 Scheduled Maintenance

Provider may perform scheduled maintenance with reasonable advance notice. We will attempt to schedule maintenance during low-usage periods.

5.3 No Guarantee of Uninterrupted Service

While we maintain enterprise-grade Azure infrastructure, Provider does not warrant that the Service will be available, uninterrupted, error-free, secure, or meet particular performance criteria at all times. Customer must maintain contingency plans for Service interruptions.

6. User Accounts and Access Control

Customer is responsible for:

• Maintaining the confidentiality and security of all account credentials
• All activities that occur under Customer's account
• Immediately notifying Provider of any unauthorized access or security breach
• Implementing appropriate role-based access controls within their organization
• Ensuring that all users comply with these Terms of Service
• Removing access for terminated or unauthorized users promptly

7. Acceptable Use Policy

Customer agrees not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Interfere with, disrupt, or impose unreasonable load on the Service or its infrastructure
• Upload, transmit, or distribute malicious code, viruses, or harmful content
• Share false, misleading, or inaccurate dam safety information
• Use the Service to violate intellectual property rights of others
• Reverse engineer, decompile, or attempt to extract source code from the Service
• Remove or obscure any proprietary notices from the Service
• Use the Service to provide services to third parties without authorization

8. Data Ownership, Security, and Export Rights

8.1 Data Ownership

Customer retains all ownership rights to data uploaded to the Service. By using the Service, Customer grants Provider a limited license to process, store, and transmit Customer data solely as necessary to provide the Service and improve Service functionality.

8.2 Data Security and Multi-Tenant Isolation

Provider implements enterprise-grade security measures including:

• Database-level tenant isolation with tenant ID filtering
• Application-level role-based access controls
• Industry-standard encryption for data in transit and at rest
• Multi-factor authentication capabilities
• Continuous security monitoring and threat detection
• Regular security assessments and penetration testing

Provider guarantees logical separation of Customer data from other tenants but does not guarantee absolute protection against all security threats.

8.3 Data Export Rights

Customer may export their data at any time in standard formats (CSV, JSON, or original file formats). Upon termination of service, Customer has 30 days to export all data before it may be permanently deleted. Provider will make reasonable efforts to assist with data export requests.

8.4 Data Retention and Audit Trails

The Service maintains audit logs of user activities for a minimum of 365 days to support compliance investigations and security monitoring. These logs record who performed what actions, when they occurred, and the outcomes. Customer is responsible for maintaining longer-term records as required by regulatory authorities.

9. Regulatory Compliance

9.1 Customer Compliance Responsibility

Customer is solely responsible for compliance with all applicable federal, state, and local regulations, including:

• FERC Part 12 dam safety regulations (for FERC-regulated dams)
• State dam safety program requirements
• Emergency action plan development and maintenance
• Inspection schedules and reporting requirements
• Environmental and operational permits

9.2 Provider's Role

The Service provides tools to facilitate compliance activities but does not guarantee compliance with any regulatory requirements. Provider is not responsible for Customer's failure to meet regulatory obligations.

10. Disclaimer of Warranties

10.1 "AS IS" and "AS AVAILABLE"

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, OR ACCURACY.

10.2 No Guarantee of Accuracy

PROVIDER DOES NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, TIMELY, SECURE, ERROR-FREE, OR WILL MEET CUSTOMER'S REQUIREMENTS. WHILE WE STRIVE TO PROVIDE ACCURATE AND TIMELY INFORMATION, WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE.

10.3 Professional Judgment Required

ALL DAM SAFETY DECISIONS MUST BE MADE BY QUALIFIED PROFESSIONALS WITH APPROPRIATE LICENSES AND CERTIFICATIONS. THE SERVICE IS A TOOL TO ASSIST PROFESSIONALS, NOT A REPLACEMENT FOR PROFESSIONAL ENGINEERING JUDGMENT, ANALYSIS, OR DECISION-MAKING.

11. Limitation of Liability

11.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY CUSTOMER TO PROVIDER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100).

11.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.3 Exceptions to Liability Limitations

The foregoing limitations shall not apply to liability arising from:

• Provider's gross negligence or willful misconduct
• Death or bodily injury caused by Provider's negligence
• Breach of confidentiality obligations
• Violation of applicable law where limitation is prohibited
• Intellectual property infringement by Provider

11.4 Essential Purpose

Customer acknowledges that the limitations of liability in this section are essential elements of the agreement between Customer and Provider, and that Provider would not provide the Service without such limitations.

12. Indemnification

12.1 Customer Indemnification

Customer agrees to indemnify, defend, and hold harmless Provider, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Customer's use or misuse of the Service
• Customer's violation of these Terms of Service
• Customer's violation of any applicable laws or regulations
• Customer's infringement of third-party intellectual property rights
• Engineering decisions or safety assessments made using the Service
• Any claim that Customer's data violates third-party rights
• Failure to maintain or implement Emergency Action Plans

12.2 Defense and Settlement

Provider reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by Customer. Customer shall not settle any such claim without Provider's prior written consent.

13. Force Majeure

Provider shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government actions, failure of third-party hosting providers or telecommunications carriers, cyber attacks, power outages, Internet or cloud infrastructure failures, or any other event beyond Provider's reasonable control.

14. Term and Termination

14.1 Term

These Terms commence on the date Customer first accesses the Service and continue until terminated by either party.

14.2 Termination by Customer

Customer may terminate their account at any time by providing written notice to Provider.

14.3 Termination by Provider

Provider may suspend or terminate Customer's access immediately if Customer violates these Terms, poses a security risk, or engages in fraudulent or illegal activity.

14.4 Effect of Termination

Upon termination, Customer's right to access the Service immediately ceases. Customer has 30 days from termination to export all data. After 30 days, Provider may permanently delete Customer data. Sections 8, 10, 11, 12, and 16 survive termination.

15. Changes to Terms

Provider reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on this page and updating the "Last updated" date. For material changes affecting Customer's rights, we will provide at least 30 days' advance notice via email or in-Service notification.

Continued use of the Service after the effective date of modified Terms constitutes acceptance of such changes. If Customer does not agree to the modified Terms, Customer's sole remedy is to discontinue use of the Service.

16. General Provisions

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Provider is located, without regard to conflict of law provisions.

16.2 Entire Agreement

These Terms, together with any applicable Privacy Policy and Service-specific terms, constitute the entire agreement between Customer and Provider regarding the Service and supersede all prior agreements.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.4 Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

16.5 Assignment

Customer may not assign these Terms without Provider's prior written consent. Provider may assign these Terms to any successor or affiliate.

17. Contact Information

For questions about these Terms, to report security issues, or for support: