Terms of Service

Last Updated: December 2024

Welcome to Groundzy. These Terms of Service ("Terms") govern your access to and use of the Groundzy tree mapping platform and services ("Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using Groundzy, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

2. Description of Service

Groundzy is a professional tree mapping and management platform that provides:

  • Interactive GPS-based tree mapping
  • Tree species identification (Groundzy Identifying Wand)
  • Tree history and health tracking
  • GZ-TIN (Groundzy Tree Identification Number) system
  • Team collaboration tools
  • Data export and reporting features

3. Account Registration

3.1 Account Requirements

To use our Service, you must:

  • Be at least 13 years of age
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

3.2 Account Types

We offer three subscription tiers: Groundzy Home (free), Groundzy Pro, and Groundzy Teams. Each tier has different features and limitations as described on our Pricing page.

4. Subscription and Payment

4.1 Subscription Plans

Paid subscriptions (Pro and Teams) are billed:

  • Monthly or annually, as selected
  • In advance for the subscription period
  • Automatically renewed unless cancelled

4.2 Free Trial

All paid plans include a 14-day free trial. No credit card is required during the trial period. You may cancel at any time during the trial without charge.

4.3 Cancellation and Refunds

You may cancel your subscription at any time:

  • Cancellation takes effect at the end of your current billing period
  • You retain access to paid features until the period ends
  • No refunds are provided for partial billing periods
  • Annual subscriptions cancelled mid-term are not eligible for prorated refunds

4.4 Price Changes

We reserve the right to modify subscription prices. Existing subscribers will be notified at least 30 days in advance of any price changes affecting their renewal.

5. User Obligations

You agree to:

  • Use the Service only for lawful purposes
  • Not upload malicious code or attempt to breach security
  • Not interfere with or disrupt the Service
  • Not use the Service to violate any laws or regulations
  • Not infringe on intellectual property rights
  • Not share your account credentials with others
  • Comply with all applicable local, state, and federal laws

6. Intellectual Property

6.1 Your Content

You retain ownership of all tree data, photos, and content you upload to Groundzy ("Your Content"). By using our Service, you grant us a license to store, process, and display Your Content solely for the purpose of providing the Service.

6.2 Our Content

The Groundzy platform, including its design, features, software, and documentation, is owned by Groundzy and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or create derivative works without our written permission.

7. Data and Privacy

Your use of our Service is also governed by our Privacy Policy. We are committed to protecting your data and maintaining your privacy. You may export your tree data at any time through the Service.

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted or error-free service. We may perform maintenance, updates, or modifications that temporarily affect availability. We are not liable for any downtime or service interruptions.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • GROUNDZY IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
  • WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS PRIOR TO THE CLAIM

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

10. Indemnification

You agree to indemnify and hold harmless Groundzy, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of another party.

11. Termination

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activity
  • Fail to pay subscription fees
  • Misuse the Service

Upon termination, your access to the Service will cease, but you may export your data for a reasonable period as specified in our data retention policy.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict of law principles.

12.2 Dispute Resolution Process

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, conducted in Aurora, Illinois. You waive your right to a jury trial and to participate in class action lawsuits.

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service. Your continued use after changes constitutes acceptance. If you do not agree to modified Terms, you must stop using the Service.

14. Contact Information

For questions about these Terms, please contact us:

15. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Groundzy regarding the Service and supersede all prior agreements and understandings.