Terms of Use

By using SiteDNA, you agree to these Terms of Use. Please read them carefully.

Overview

These Terms of Use (“Terms”) govern access to and use of the SiteDNA website and software platform (the “Service”) operated by Hypha Dynamics Inc. (“Company,” “we,” “us,” or “our”).

1. Eligibility and Acceptance

The Service is intended for use by businesses and their authorized representatives only and is not intended for personal, household, or consumer use.

By accessing or using the Service, you represent that you are at least 18 years old. If you are not at least 18 years old, you may not access or use the Service.

If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. Account Registration and Security

You must register for an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to notify us promptly of any unauthorized access or suspected security breach involving your account.

3. Free Trials

We may offer a free trial of the Service. Free trials are provided at our discretion and may be modified or discontinued at any time.

Free trials do not automatically convert to a paid subscription. We do not require a payment method to begin a free trial, and we will not charge you at the end of a trial. If you wish to continue using the Service after your trial ends, you must affirmatively purchase a subscription.

At the end of a free trial, access to the Service will end. We retain Customer Content created during a trial in accordance with Section 12 (Termination and Data Export), and it will be available to you if you subsequently subscribe within that retention period.

Free trials are intended for evaluation. We may limit trials to one per organization and may decline or terminate a trial where we reasonably believe it is being used to avoid paying subscription fees.

4. Subscriptions, Fees, and Billing

4.1 Subscription Plans and Seats

Access to the Service is sold on a per-seat subscription basis. A “Seat” entitles one named individual to access the Service under your account. Seats are assigned to specific individuals and may not be shared, rotated among multiple people simultaneously, or used by more than one person concurrently. Seats may be reassigned when an individual leaves your organization or changes roles.

Your subscription fees are based on the number of active Seats on your account.

4.2 Billing Cycle

Subscriptions are billed in advance, on either a monthly or annual cycle as selected at the time of purchase. Fees for each billing period are charged on the first day of that period.

4.3 Payment Method and Payment Processing

You must provide and maintain a valid payment method. You authorize us and our payment processor to charge that payment method for all fees due under your subscription, including renewal fees and prorated charges for added Seats.

Payments are processed by Stripe, Inc. We do not store or have access to your full payment card details. Your use of Stripe’s payment services is additionally subject to Stripe’s terms and privacy policy.

4.4 Adding and Removing Seats

Adding Seats. You may add Seats at any time. Added Seats are charged immediately on a prorated basis for the remainder of the then-current billing period, and are included in full in subsequent billing periods.

Removing Seats. You may deactivate a user at any time. Deactivating a user frees that Seat, which you may reassign to another individual at no additional charge for the remainder of the billing period. Removing a Seat does not generate a refund or credit for the current billing period. Your billable Seat count is recalculated at the start of your next billing period.

4.5 Plan Upgrades and Downgrades

Upgrades take effect immediately and are charged on a prorated basis for the remainder of the current billing period. Downgrades take effect at the start of your next billing period; no refund or credit is issued for the difference in the current period. Downgrading may result in loss of access to features or reduced capacity.

4.6 Changes to Fees

We may change our fees from time to time. For material fee increases, we will provide notice by email to the address associated with your account at least thirty (30) days before the change takes effect. For annual subscriptions, notice will be provided at least thirty (30) days before the renewal date.

If you do not agree to a fee change, you may cancel before it takes effect in accordance with Section 6.

4.7 Order Forms

If you enter into a separate written order form, quote, or subscription agreement with us, the payment terms in that document govern to the extent they conflict with this Section 4, Section 5, Section 6, or Section 7.

5. Automatic Renewal

Your subscription automatically renews at the end of each billing period for a further period of the same length, at the then-current rate, unless you cancel before the renewal date.

Cancellation deadline. You may cancel at any time up to and including the day before your renewal date. There is no advance-notice requirement.

Renewal reminders. For annual subscriptions, we will send a written reminder to the email address associated with your account at least fifteen (15) and not more than thirty (30) days before the renewal date. The reminder will state the renewal date, the amount that will be charged, and how to cancel.

6. Cancellation

You may cancel your subscription at any time from the Billing section of your account, or by emailing us at [email protected]. Cancellation is available through the same channel in which you subscribed and requires no phone call, retention conversation, or written notice period.

Effect of cancellation. Cancellation stops future charges. Your subscription remains active and you retain full access to the Service through the end of the billing period you have already paid for. Access ends at that point.

Except as set out in Section 7, cancellation does not entitle you to a refund of amounts already paid for the current or any prior billing period.

7. Refunds

7.1 First-Term Money-Back Guarantee

If you cancel your first paid subscription within thirty (30) days of your first subscription charge, you may request a full refund of that charge. To request a refund, email [email protected] within that thirty-day period.

Approved refunds are issued to the original payment method and typically appear within 5–10 business days, depending on your bank or card issuer. Your access to the Service ends when the refund is issued.

This guarantee applies once per customer organization, to the first paid subscription term only. It does not apply to renewals, subsequent subscriptions, reinstated accounts, or additional Seats added during a term.

7.2 All Other Fees

Except as provided in Section 7.1, and except where a refund is required by applicable law:

• Subscription fees are non-refundable.
• We do not provide refunds or credits for partial billing periods, unused portions of a billing period, deactivated Seats, plan downgrades, or periods during which you did not use the Service while your account remained open.
• Cancelling mid-period does not shorten or refund the period already paid for.

7.3 Billing Errors

If you believe you have been charged in error, contact us at [email protected] within sixty (60) days of the charge. We will investigate and, where we confirm an error, issue a correcting refund or credit.

7.4 Discretionary Credits

We may, at our sole discretion, issue credits or partial refunds in circumstances not covered above. Any such credit is a one-time accommodation, is not a modification of these Terms, and does not entitle you or any other customer to similar treatment in future.

8. Payment Failures, Suspension, and Disputes

8.1 Failed Payments

If a payment fails, we will attempt to charge your payment method again over a period of up to fourteen (14) days and will notify you by email so you can update your payment details.

If payment has not been received at the end of that period, we may suspend access to your account. Suspension is not termination: your Customer Content is retained, and access is restored once the outstanding balance is paid. We may terminate a suspended account, and delete Customer Content in accordance with Section 12, if it remains unpaid for thirty (30) days following suspension.

8.2 Collection Costs

You are responsible for reasonable costs we incur in collecting overdue amounts, including collection agency fees and reasonable attorneys’ fees.

8.3 Payment Disputes and Chargebacks

If you have a billing concern, please contact us at [email protected] first. We will work with you in good faith to resolve it, and most issues are resolved faster this way than through your card issuer.

If a chargeback or payment reversal is initiated on your account, we may suspend access to the account while the dispute is being resolved. If the dispute is resolved in our favor, you remain responsible for the disputed amount together with any fees our payment processor charges us in connection with the dispute.

Nothing in this Section limits any rights you have under your card issuer’s or bank’s dispute procedures.

9. Taxes

All fees are exclusive of sales, use, value-added, goods and services, and similar taxes. You are responsible for all such taxes arising from your purchase of the Service, excluding taxes based on our net income.

Where we are required to collect tax, it will be calculated based on the billing address associated with your account and added to your invoice. If you are exempt from tax, you must provide valid documentation of exemption before we can apply it; exemption certificates are not applied retroactively to prior invoices.

10. Acceptable Use

You agree not to, and not to allow any third party to:

• Use the Service for unlawful purposes
• Reverse engineer, decompile, or attempt to extract source code
• Resell, sublicense, share, or otherwise make the Service available to any third party except as expressly permitted
• Access the Service in a manner intended to avoid usage limits, Seat limits, or subscription restrictions, including by sharing Seat credentials among multiple individuals or circumventing the storage allowance in Section 11
• Misrepresent your age or identity to gain access to the Service
• Scrape, crawl, data-mine, or use automated systems to extract data from the Service without our prior written permission
• Interfere with or disrupt the Service, including by introducing malware or attempting unauthorized access
• Submit content that is unlawful, infringing, harassing, defamatory, or otherwise harmful

We may impose reasonable rate limits or usage limits to protect the Service.

11. Fair Use and Storage Allowance

11.1 Purpose

The Service includes a storage allowance intended to cover normal and even heavy use by commercial landscape maintenance businesses. It exists so that the cost of storing your photos stays proportionate to what you pay, and to prevent uses the Service was not designed for. It is not intended to restrict ordinary use, and most customers will never approach it.

11.2 Storage Allowance

Your subscription includes 250 GB of stored data per Seat, pooled across your account. An account with five Seats includes 1,250 GB in total, usable in any distribution across that account.

Stored data means the total size of photos, documents, and other files uploaded to your account, including files attached to archived or inactive properties.

There is no limit on the number of properties, Items, reports, or users’ activity within the Service. Create as many as your business needs. Storage is the only resource we meter, because it is the only one with a meaningful per-unit cost to us.

Individual file limits apply for technical reasons: photos up to 180 MB per file.

11.3 What Happens If You Exceed It

We do not currently meter storage automatically. Exceeding your storage allowance will not cause your account to be suspended, throttled, or charged without prior discussion.

If your stored data materially exceeds your allowance, we will contact an administrator on your account to discuss it. In most cases the resolution is a straightforward adjustment to your pricing that reflects your actual storage use, though we may also agree on a custom allowance, a change to your Seat count, or removal of content you no longer need.

We will give you at least thirty (30) days’ written notice before any pricing adjustment, throttling, or restriction takes effect on account of storage use, and you may cancel under Section 6 rather than accept a pricing adjustment. We will not delete Customer Content solely because a storage allowance has been exceeded.

11.4 Uses Outside the Intended Scope

The storage allowance above assumes the Service is used for its intended purpose. Regardless of whether the allowance has been exceeded, you may not:

• Use the Service as a general-purpose file store, backup service, or archive for content unrelated to property maintenance work
• Bulk-upload or migrate media libraries, historical archives, or third-party datasets that are not actively being used in the Service
• Use automated tooling to create properties, Items, or uploads at a rate or volume materially beyond what a human user could generate
• Resell or otherwise make storage capacity available to any third party except as expressly permitted under these Terms

11.5 Changes to the Allowance

We may change the storage allowance on thirty (30) days’ notice by email and by posting updated Terms. If a change would reduce the allowance below your then-current usage, we will work with you in good faith and will not restrict your account without a reasonable opportunity to adjust.

11.6 The Service Is Not a Backup Service

The Service is not a backup service, system of record, or archival service. While we maintain commercially reasonable backups, you remain responsible for retaining your own copies of Customer Content that is important to your business. See Section 12 regarding export of Customer Content.

12. Termination and Data Export

We may suspend or terminate your access for non-payment (in accordance with Section 8.1), for breach of these Terms, or where required by law.

Upon cancellation or termination, you may request export of your Customer Content for up to thirty (30) days following the end of the subscription period. After this period, we may delete Customer Content in accordance with our standard data retention practices. We are not obligated to retain Customer Content beyond this period except as required by law.

13. Customer Content

13.1 Ownership

You (or your organization) retain ownership of content, data, images, photos, notes, reports, and other materials you submit to the Service (“Customer Content”).

13.2 License to Operate the Service

You grant the Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, display, and otherwise process Customer Content solely to provide, maintain, support, secure, and improve the Service.

13.3 Your Responsibilities

You represent and warrant that:

• You have all rights and permissions necessary to submit Customer Content and to grant the license above.
• If Customer Content includes personal information of third parties (for example, your customers or employees), you have obtained any required notices and consents and are complying with applicable laws.

14. Usage Data

We may collect and analyze usage data and technical data relating to the provision, use, and performance of the Service (“Usage Data”). We may use Usage Data to operate, maintain, improve, and develop the Service and may disclose Usage Data only in aggregated or de-identified form.

15. Intellectual Property

The Company owns all rights, title, and interest in the Service, including all software, design, branding, and related intellectual property, excluding Customer Content.

You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Service except as expressly permitted in these Terms.

16. Restrictions on AI Training

You may not use the Service, or any content made available by the Company through the Service (excluding your own Customer Content), to develop, train, test, or improve any machine learning models, large language models, or other AI systems, including by scraping, extracting, or compiling data from the Service.

17. Online Chat and Customer Support Tools

The Service may include online chat, messaging, or customer support features powered by third-party service providers, including Intercom (the “Chat Feature”).

By using the Chat Feature, you acknowledge and agree that:

• Communications may be processed, stored, and analyzed by our third-party service providers on our behalf to provide customer support, respond to inquiries, and improve the Service.
• Chat communications may be reviewed by Company personnel and, in some cases, supported by automated or AI-assisted tools provided by our service providers.
• Information shared through the Chat Feature may be linked to your account and retained in accordance with our Privacy Policy.

You should not submit sensitive personal information through the Chat Feature unless expressly requested or required. We handle information collected through the Chat Feature in accordance with our Privacy Policy.

18. Third-Party Services

The Service may integrate with or link to third-party services, including payment processing provided by Stripe. Third-party services are not controlled by the Company, and your use of third-party services is governed by their terms and policies. The Company is not responsible for third-party services.

19. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SiteDNA provides informational and decision-support tools only. The Company does not guarantee results, outcomes, cost savings, revenue, uptime, or error-free operation.

Reports, inspections, and other outputs generated through the Service are intended as informational tools only and do not constitute professional assessments, certifications, appraisals, or legal opinions. Users remain solely responsible for verifying information and making independent decisions based on their own judgment and professional advice.

Your purchase of a subscription is not contingent on the delivery of any future functionality or feature, and you should not rely on any public or private statement regarding future functionality in deciding to purchase.

20. Service Availability

We use commercially reasonable efforts to maintain the availability of the Service but do not guarantee uninterrupted access or error-free operation. We may perform scheduled maintenance with reasonable advance notice when practicable. Emergency maintenance may be performed without notice.

Scheduled maintenance and temporary interruptions are not grounds for a refund or credit except as expressly provided in a separate written service level agreement.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

22. Indemnification

You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from claims arising out of:

• Your use of the Service
• Your Customer Content
• Your violation of these Terms
• Your violation of applicable law or third-party rights

23. Data Processing Addendum

If you are using the Service as an organization and the Company processes personal data on your behalf, the SiteDNA Data Processing Addendum (DPA) is incorporated into and forms part of these Terms.

24. Changes to the Service and Terms

We may modify the Service or discontinue features at any time. We may also update these Terms from time to time.

If we make material changes to these Terms, we will notify you by email to the address associated with your account and by posting the updated Terms on our website with a revised effective date. Material changes will be effective 30 days after notice, unless the changes are required by law or relate to new features.

Changes to fees are governed by Section 4.6.

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you should discontinue use of the Service before the effective date.

25. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict of law principles. Any disputes shall be resolved in state or federal courts located in Texas, unless otherwise required by applicable law.

Before initiating any legal proceeding, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

26. Force Majeure

Neither party shall be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, internet or telecommunications failures, or denial-of-service attacks.

27. Survival

Provisions which by their nature should survive termination of these Terms shall survive, including without limitation provisions relating to ownership, intellectual property, usage data, outstanding payment obligations, disclaimers, limitation of liability, indemnification, governing law, venue, and this Section.

28. Miscellaneous

Assignment: The Company may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets.

Severability: If any provision is held unenforceable, the remaining provisions will remain in effect.

No Waiver: Failure to enforce a provision is not a waiver.

Entire Agreement: These Terms, the Privacy Policy, and any incorporated documents (including the DPA and any order form) constitute the entire agreement regarding the Service.

29. Contact Information

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Hypha Dynamics Inc. 5900 Balcones Drive # 30345 Austin, Texas 78731 United States
General and legal: [email protected] Billing, cancellations, and refunds: [email protected]