Terms of Service

1.Agreement to these Terms

These Terms of Service ("Terms") are a legal agreement between you and Glenn Works, LLC, an Arizona limited liability company ("Glenn Works," "we," "us" or "our"). They govern your access to and use of the mobile applications, websites, content and related services we publish that link to these Terms (together, the "Services").

By downloading, installing, accessing or using the Services, you agree to these Terms and to our Privacy Policy, which explains how we handle personal information. If you do not agree, do not use the Services.

Some features or apps may have additional terms presented in the app (for example, rules for a beta program). Those additional terms are part of these Terms for that feature, and if they conflict with these Terms, the additional terms control for that feature.

2.Eligibility and accounts

Age. You must be at least 13 years old to use the Services, or older if the law where you live sets a higher minimum age for agreeing to online terms without a parent (for example, 16 in some countries). If you are under 18 (or the age of majority where you live), you may use the Services only with the permission of a parent or legal guardian who agrees to these Terms on your behalf. Purchases require the account holder's consent.

Accounts. Some features require an account. You agree to provide accurate information, keep your sign-in credentials confidential, and tell us promptly if you suspect unauthorized use. You are responsible for activity under your account. We may refuse, suspend or reclaim accounts, including usernames that impersonate others or infringe rights.

One person per account. Accounts are personal and may not be shared, sold or transferred.

3.License to use the apps

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use our apps on devices you own or control, for your personal, non-commercial use, as permitted by the usage rules of the app store you downloaded them from. Where an app is offered for professional or commercial use (for example, through a business plan), that plan's terms set the permitted scope.

You may not, and may not allow others to: (a) copy, modify, translate or create derivative works of the Services; (b) reverse engineer, decompile or attempt to extract source code, models or algorithms, except to the extent the law expressly permits despite this restriction; (c) rent, lease, lend, sell, sublicense or redistribute the Services; (d) remove or alter proprietary notices; (e) use the Services to build a competing product; (f) bypass any technical limits, subscription checks or security measures; or (g) use automated means to access the Services except through interfaces we provide.

The Services are licensed, not sold. We and our licensors retain all rights not expressly granted.

4.Measurements, estimates and AI output

Our apps use cameras, LiDAR and other sensors, together with mathematical models and machine learning, to produce results such as distances, areas, slopes, speeds, sun-exposure maps, object or species identifications, condition assessments and estimated values ("Results").

Results are estimates. Their accuracy depends on your device's sensors, lighting, weather, surface materials, how steadily you hold the device, the quality of underlying public data (such as elevation or imagery data sets) and other factors we do not control. Results may be incomplete, out of date or wrong.

Results are not professional advice. Nothing in the Services is, or substitutes for:

• a land survey, boundary determination, engineering measurement, building inspection or building-code compliance opinion;
• a certified appraisal, authentication, grading, insurance valuation or tax valuation of any item;
• agronomic, horticultural, arborist, pest-control, food-safety or toxicology advice, including whether a plant is safe to eat or touch;
• legal, financial, medical or safety advice of any kind; or
• an official measurement for any competition, sale, contract, dispute or regulatory purpose.

If a decision matters, such as buying or selling, building, planting something you intend to eat, resolving a dispute or anything involving safety, verify the Result independently with a qualified professional or an appropriate instrument. You alone are responsible for decisions you make based on Results.

AI-generated content. Some Results and suggestions are generated by artificial intelligence and are labeled as such. AI output can be confidently wrong and can reflect biases in training data. It is provided for information only.

5.Using sensors safely and lawfully

Scanning means pointing a phone at the world and often moving while looking at a screen. You agree to:

• Stay aware of your surroundings. Do not scan while driving, cycling or operating equipment; watch for traffic, terrain, water, drop-offs, animals and other people; and stop if conditions are unsafe. We are not responsible for injury or damage that results from inattention while using the Services.
• Scan only where you are allowed. Obtain permission before scanning or photographing private property, businesses, golf courses, venues or other restricted areas, and follow any posted rules. Some locations prohibit photography or 3D capture.
• Respect other people. Do not capture, store or share images or scans of people without their consent where consent is required, and never use the Services to surveil, stalk or harass anyone.
• Follow the law. You are responsible for complying with laws that apply to your use, including privacy, trespass, photography, drone, wildlife and export laws.
• Care for your device. Sensors can heat up and drain batteries. Use the Services in accordance with your device manufacturer's guidelines.

6.Subscriptions, purchases and free trials

Billing through app stores. Paid features are sold through Apple's App Store or Google Play as in-app purchases or subscriptions. Your purchase is a transaction with the app store, which charges your payment method and applies its own terms. We do not receive or store your payment card details.

Prices. Prices are shown in the app before you buy, in your local currency where the store supports it, and may include taxes that the store collects. Prices may vary by region and may change; a price change for an existing subscription takes effect at your next renewal after you are notified, and you may cancel before it applies.

Automatic renewal. Subscriptions renew automatically at the end of each billing period (for example, monthly or yearly) at the then-current price until you cancel. Your app store account is charged for renewal within 24 hours before the current period ends.

Free trials and introductory offers. If a subscription starts with a free trial or introductory price, the trial converts to a paid subscription at the standard price when it ends unless you cancel at least 24 hours before the end of the trial. Any unused portion of a free trial is forfeited when you purchase a subscription. Trials are limited to one per person per app unless we say otherwise.

How to cancel. You can cancel at any time, and cancellation is as easy as signing up:

• iOS: Settings → [your name] → Subscriptions → select the app → Cancel Subscription.
• Android: Google Play app → profile icon → Payments & subscriptions → Subscriptions → select the app → Cancel subscription.

Cancellation takes effect at the end of the current billing period; you keep access until then. Deleting the app or your account does not cancel a subscription.

Refunds. Refunds are handled by the app store under its policies (Apple: reportaproblem.apple.com; Google: Google Play refund policy). Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial periods, unused features or downgrades. Nothing in this section limits refund rights you have under the laws of your country (see section 18).

Changes to paid features. We may add, change or retire features. If we materially reduce the core functionality of a paid subscription during a period you have already paid for, you may contact us and we will work with you and the app store on an appropriate remedy.

7.Your content

Ownership. You retain all rights in the photos, scans, measurements, notes and other material you create or upload using the Services ("User Content"). We do not claim ownership of it.

License to us. So that we can operate the Services for you, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, display and transmit your User Content solely to provide, maintain, secure and improve the Services and as you direct (for example, when you share a Result). This license ends when you delete the User Content or your account, except for copies in routine backups (deleted on their normal schedule) and content you have shared with others. We do not use your photos or scans to train machine-learning models unless you expressly opt in.

Your responsibilities. You represent that you have the rights needed to create and upload your User Content and to grant the license above, and that your User Content does not violate the law, these Terms or anyone else's rights, including privacy and publicity rights of people who appear in it.

Storage. Most User Content is stored on your device and is your responsibility to back up. Where we offer cloud sync or backup, we will take reasonable care, but we are not a general archival service and you should keep your own copies of anything important.

8.Acceptable use

You agree not to use the Services to:

• violate any law or regulation, or infringe anyone's rights;
• surveil, track, stalk, harass, threaten or dox any person, or capture images of people in places where they have a reasonable expectation of privacy;
• scan, map or photograph property or facilities you do not have the right to access or record, or in violation of posted rules or export, security or critical-infrastructure laws;
• upload malicious code, probe or interfere with our systems, or access data not intended for you;
• misrepresent Results as certified, official or professional findings, or use Results to deceive others (for example, in a sale, insurance claim or competition);
• scrape, harvest or bulk-download content or data from the Services;
• impersonate anyone or misrepresent your affiliation; or
• encourage or help anyone else to do any of the above.

We may investigate suspected violations and remove content, suspend or terminate access, and cooperate with law enforcement.

9.Intellectual property and feedback

The Services, including software, models, algorithms, designs, text, graphics, logos, trademarks and the "Glenn Works" name and marks, are owned by Glenn Works or its licensors and are protected by copyright, trademark and other laws. You may not use our names, logos or marks without our prior written permission.

If you send us ideas, suggestions or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation to you. We will not say your feedback came from you without permission.

Copyright complaints. If you believe content in the Services infringes your copyright, email hello@glennworks.app with: your contact information; identification of the work and the allegedly infringing material; a statement under penalty of perjury that you have a good-faith belief the use is unauthorized and that your notice is accurate; and your physical or electronic signature. We respond to notices that comply with the US Digital Millennium Copyright Act and similar laws, and may terminate repeat infringers.

10.Third-party services and data

The Services rely on third parties, including Apple and Google platforms, cloud hosting, mapping and imagery providers, weather and public geospatial data sets (such as government elevation and parcel data), and, for some features and with your consent, AI model providers. Third-party services are governed by their own terms, and third-party data may be inaccurate, incomplete or out of date. We are not responsible for third-party services, data or websites, including those we link to. Any dealings you have with third parties through the Services (for example, buying from a supplier we link to) are solely between you and them.

11.Beta and experimental features

We may offer features labeled beta, preview, experimental or similar. These may be unstable, inaccurate, incomplete or withdrawn at any time, are provided "as is" without any warranty, and may be subject to additional terms, including confidentiality. Use them at your own risk and verify any Results they produce.

12.Changes to the Services and these Terms

Services. We are a small studio and we improve things continuously. We may add, change, suspend or discontinue any part of the Services at any time. Where reasonably possible we will give notice of material changes that negatively affect you, and section 6 addresses paid features.

Terms. We may revise these Terms from time to time. The effective date at the top shows when they last changed. For material changes, we will give at least 30 days' notice in the app, by email or on our website before the change takes effect, unless the change is required by law or addresses a new feature, in which case it takes effect immediately. If you do not agree to the revised Terms, stop using the Services and, if you have a subscription, cancel it before the changes take effect. Continued use after the effective date means you accept the revised Terms. Changes to the arbitration agreement in section 17 do not apply to disputes that arose before the change.

13.Termination

You may stop using the Services at any time and may delete your account in the app or by emailing us (see our Privacy Policy). We may suspend or terminate your access to all or part of the Services, with or without notice, if you breach these Terms, if required by law, if continuing poses a risk to us or others, or if we discontinue the Services. If we terminate without cause while you have an active paid subscription, we will help you seek a pro-rated refund from the app store for the unused period.

Sections that by their nature should survive termination do, including sections 4, 5, 7 (as to the license for content already shared), 9, 14 through 18 and 20.

14.Disclaimers

To the fullest extent permitted by law, the Services and all Results are provided "as is" and "as available," without warranties of any kind, express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy and quiet enjoyment. Without limiting the foregoing, we do not warrant that the Services will be uninterrupted, secure or error-free; that Results will be accurate, complete, reliable or suitable for any purpose; that defects will be corrected; or that the Services will work on any particular device or with any particular sensor.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. See section 18.

15.Limitation of liability

To the fullest extent permitted by law: (a) Glenn Works, its member, managers, employees, contractors, licensors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or business opportunity, or for the cost of substitute goods or services, arising out of or related to the Services or these Terms, however caused and under any theory of liability, even if advised of the possibility of such damages; (b) we will not be liable for any damage, loss or injury resulting from your reliance on any Result, from your physical use of a device while scanning, or from the acts of third parties; and (c) our total aggregate liability for all claims arising out of or related to the Services or these Terms will not exceed the greater of (i) the amount you paid us for the Services in the twelve months before the event giving rise to the claim, or (ii) fifty US dollars (US$50).

These limitations are fundamental elements of the bargain between you and us and apply even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, including for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, gross negligence or willful misconduct where such limits are prohibited, or your non-waivable statutory rights as a consumer.

16.Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless Glenn Works and its member, managers, employees and agents from and against claims, damages, losses and expenses (including reasonable attorneys' fees) arising out of or related to: your User Content; your violation of these Terms or of any law; your violation of anyone else's rights, including privacy or property rights of people or places you scan; or your misuse of Results. We may assume the exclusive defense of any matter subject to indemnification, in which case you agree to cooperate with us. This section does not apply to consumers in jurisdictions where such clauses are unenforceable.

17.Governing law and dispute resolution

17.1 Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Arizona and the federal laws of the United States, without regard to conflict-of-laws rules, and by the Federal Arbitration Act as to section 17.3. If you are a consumer outside the United States, section 18 preserves the mandatory laws of your country of residence.

17.2 Talk to us first. Most concerns can be resolved quickly and informally. Before starting arbitration or a lawsuit, you agree to email hello@glennworks.app with your name, contact information, a description of the problem and what you would like us to do, and to give us 60 days to resolve it. We will do the same before bringing a claim against you. Statutes of limitation are paused during this period.

17.3 Arbitration agreement (United States). If you live in the United States and we cannot resolve a dispute informally, you and Glenn Works agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration rather than in court, except that (a) either party may bring an individual claim in small-claims court if it qualifies, and (b) either party may seek injunctive or other equitable relief in court to protect intellectual property or prevent unauthorized use of the Services. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by these Terms. The arbitrator, not a court, decides all issues, including the scope and enforceability of this agreement, except that a court decides issues relating to the class action waiver. Arbitration will take place by video conference, by documents only, or in the county where you live, at your election. We will pay AAA filing, administrative and arbitrator fees for claims under US$10,000 unless the arbitrator finds the claim frivolous; otherwise fees are allocated under the AAA rules. Each party bears its own attorneys' fees unless the arbitrator awards them under applicable law. The arbitrator may award the same individual relief a court could, and judgment on the award may be entered in any court with jurisdiction.

17.4 Class action and jury waiver. You and Glenn Works agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and that the arbitrator may not consolidate claims of more than one person. To the extent any claim proceeds in court rather than arbitration, you and Glenn Works waive any right to a jury trial. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and litigated in court, with the remaining claims arbitrated.

17.5 Thirty-day opt-out. You may opt out of the arbitration agreement and class action waiver by emailing hello@glennworks.app with the subject "Arbitration opt-out," your name, the email address on your account and the app(s) you use, within 30 days of the date you first accept these Terms. Opting out does not affect any other part of these Terms.

17.6 Coordinated filings. If 25 or more similar demands are filed by or with the assistance of the same law firm or group, the parties agree that the AAA Mass Arbitration Supplementary Rules apply, that the demands will be staged in batches, and that any applicable statute of limitations is tolled while a demand is pending in this process.

17.7 Courts. For any matter not subject to arbitration, or if the arbitration agreement does not apply to you, you and Glenn Works agree to the exclusive jurisdiction and venue of the state and federal courts located in Maricopa County, Arizona, and waive any objection to that venue, except where section 18 provides otherwise for consumers outside the United States.

18.Consumers outside the United States

If you are a consumer residing outside the United States, nothing in these Terms removes or limits rights you have under the mandatory consumer protection laws of your country of residence, and the following apply:

• Local law and courts. You benefit from the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country. The arbitration agreement and class action waiver in sections 17.3 to 17.6 do not apply to you unless the law of your country permits them and you have agreed separately.
• European Union and United Kingdom. You have statutory rights that digital content and services be in conformity with the contract, including rights to repair, replacement, price reduction or termination where they are not. The exclusions and limitations in sections 14 and 15 apply only to the extent permitted by law and do not exclude liability for death or personal injury caused by negligence, for fraud, or for breach of mandatory consumer rights. Withdrawal right: you have 14 days from purchase to withdraw from a contract for digital content or services; by starting a subscription or free trial you request immediate performance and acknowledge that, once performance has begun, you lose the right to withdraw for the portion already supplied (or, for digital content not on a tangible medium, entirely), except as the app store's own policies provide. The European Commission's online dispute resolution platform is at ec.europa.eu/consumers/odr; we are not obliged and do not undertake to participate in alternative dispute resolution before a consumer arbitration board, but we will always try to resolve concerns informally.
• Australia. Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to cancel and receive a refund or compensation; for other failures, to have the failure remedied in a reasonable time. Nothing in these Terms limits those guarantees, and to the extent permitted, our liability is limited to re-supplying the services or paying the cost of re-supply.
• Canada. For residents of Quebec, these Terms are governed by the laws of Quebec and the parties confirm their wish that these Terms and related documents be drawn up in English (les parties confirment leur volonté que les présentes conditions soient rédigées en anglais); consumer protection provisions of the Consumer Protection Act apply notwithstanding anything to the contrary.
• Brazil. The Consumer Defense Code (Lei 8.078/1990) applies, including the seven-day right of regret for online purchases, and disputes may be brought in the courts of your domicile.
• Other countries. If a provision of these Terms is unenforceable under the law of your country of residence, that provision will be applied to the maximum extent permitted and the rest of the Terms remain in effect.

19.App store terms

If you downloaded an app from a third-party app store, the following apply in addition to these Terms.

19.1 Apple App Store

• These Terms are between you and Glenn Works only, not Apple. Apple is not responsible for the app or its content. Glenn Works, not Apple, is solely responsible for the app and for any maintenance and support, which we provide by email at hello@glennworks.app; Apple has no obligation to provide support.
• The license granted to you is limited to a non-transferable license to use the app on Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• In the event the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are our responsibility.
• Glenn Works, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy or similar legislation.
• In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, Glenn Works, not Apple, is solely responsible for the investigation, defense, settlement and discharge of the claim.
• You represent and warrant that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any US Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the app (for example, your wireless carrier's terms).
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

19.2 Google Play

Your use of apps downloaded from Google Play is also subject to the Google Play Terms of Service. In the event of a conflict between those terms and these Terms regarding your relationship with Google, the Google Play terms control. Google is not a party to these Terms and has no obligation to provide support for the app.

20.General

• Entire agreement. These Terms, the Privacy Policy and any additional terms presented in the app are the entire agreement between you and Glenn Works about the Services and supersede prior agreements on that subject.
• Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.
• Export control. The Services may be subject to US export control and sanctions laws. You agree not to export, re-export or use the Services in violation of those laws.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of app stores, cloud providers or public data sources.
• Notices. We may notify you in the app, by email to your account address or by posting on our website. Notices to us should be sent to the address in section 21.
• Language. These Terms are written in English. Translations are for convenience; the English version controls to the extent permitted by law.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

21.Contact