Terms of Service

I. Introduction

A. Definition of the Service

Sitehunt.io, is a comprehensive database and Request for Information (RFI) management system designed to serve the needs of economic developers. Our platform offers users the ability to access, contribute to, and manage a robust building and sites database, facilitating efficient and informed decision-making in the field of economic development.

B. Acceptance of Terms

By accessing or using Sitehunt.io, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Acceptance is signified by clicking the “I Agree” button during the registration process or by otherwise accessing or using our services. If you do not agree to these terms, please do not use Sitehunt.io.

C. Modification of Terms

Sitehunt reserves the right to modify these Terms of Service at any time, at its sole discretion. If we make changes that materially alter your rights or obligations, we will notify you by email to the address provided upon registration or through a notification within the software. Your continued use of Sitehunt.io after such changes have been notified will constitute your consent to the modified Terms of Service.

II. User Accounts

A. Account Creation and Responsibilities

Users must be at least 18 years of age to create an account on Sitehunt.io. During the registration process, you are required to provide accurate and complete information, and you are responsible for maintaining the accuracy of this information. Each user is allowed only one account. You are responsible for all activities that occur under your account and must maintain its security by keeping your password confidential, regularly updating your password, and taking reasonable measures to prevent unauthorized access. Notify Sitehunt immediately if you suspect any unauthorized use of your account.

B. Account Security and Prohibited Activities

You must ensure the security of your account by keeping passwords secret and regularly changing them. Sharing login credentials is strictly prohibited, as is engaging in any activity that undermines the security and integrity of the service. Some accounts may offer multi-user functionality, which must be used in accordance with the terms provided.

C. Termination of Accounts and Data Retention

Sitehunt may terminate your account for reasons including, but not limited to, violation of these Terms of Service, user request, or non-payment of fees. Likewise, users have the freedom to terminate their accounts at any time through the service’s account termination process. Following account termination, whether initiated by Sitehunt or the user, we reserve the right to retain or remove user data at our discretion. Our data management practices are designed to respect legal and operational considerations, which may necessitate the retention of certain data. However, we do not guarantee the preservation of data post-termination and are not obligated to maintain or provide copies of any information, content, or data associated with terminated accounts.

Please note that after a subscription has lapsed or an account has been terminated, Sitehunt is not responsible for retaining user data and may choose to delete or anonymize it without notice. Users are encouraged to maintain their own backups of any critical data.

D. Account Types, Recovery, and Violation Handling

Sitehunt.io offers multiple types of user accounts based on the size of the organization and the area it serves. In the event of forgotten passwords or suspected unauthorized access, an account recovery process is available. Sitehunt reserves the right to take appropriate action, including account suspension or termination, if an account is suspected of being compromised or used in violation of the Terms of Service.

III. Use of the Service

A. User Conduct

Users must not post illegal content, engage in spamming, or use copyrighted material without proper authorization. Users are responsible for ensuring that all content they provide is lawful and respectful of intellectual property rights. Users are responsible for the accuracy and integrity of the data, text, images, and documents they contribute to Sitehunt.io. All content must be legally owned or rightfully licensed by the user, and users must uphold all copywrite laws and industry standards. It is expected that users will adhere to ethical guidelines in their use of the service.

B. Access and Interference

The use of automated systems or software for web scraping, data mining, or similar activities is strictly prohibited. Users must not interfere with the operational integrity of Sitehunt.io or attempt to access areas of the service that are not intended for user interaction. Sitehunt takes reasonable measures to prevent security breaches. Users are obliged to report any vulnerabilities or security concerns they may encounter to help maintain the safety and integrity of the service.

C. Service Limitations

Users should utilize AI functions only for purposes directly related to the software’s intended use. Users must utilize the resources provided by Sitehunt.io in a reasonable manner that aligns with the intended use of the service. Excessive or unreasonable use of the service may result in the need to modify the user’s service plan or take other action to ensure fair resource allocation among all users. While Sitehunt.io aims to provide a reliable service, Sitehunt does not guarantee uninterrupted access and will not be held liable for any service interruptions.

D. Service Changes and Availability

Sitehunt will perform regular maintenance and updates, including new features and bug fixes, to enhance the service. Users will be informed of significant changes through email or software announcements on the Sitehunt.io website. Services are available exclusively to users within the United States. Access may be restricted or discontinued in certain regions if compliance with new regulations becomes untenable.

IV. User-Generated Content

A. User Content Ownership

Users retain ownership of any and all content they generate and post on Sitehunt.io. Sitehunt does not claim any ownership rights to user-generated content. However, in order to facilitate the processing and functionality of the service, users acknowledge that it is necessary for Sitehunt to handle their content within the operational scope of Sitehunt.io.

B. Grant of License to User Content

By posting content on Sitehunt.io, users grant Sitehunt a non-exclusive, royalty-free, worldwide license to use, display, and distribute the content in relation to operating the service and improving service offerings. This license is necessary for the performance of the service and remains in effect for as long as the content remains on the platform. The license does not restrict users from using their content elsewhere.

C. User Content Standards and Responsibility

User-generated content must be accurate, legally owned by the user, and not violate any copyright laws. Additionally, content must not be offensive, harmful, or otherwise in violation of the Terms of Service. Users assume all responsibility for the content they post, including legal responsibility and accuracy. Sitehunt assumes no responsibility for user-generated content and does not endorse any content posted by users.

D. Content Review and Removal

Sitehunt does not proactively review user-generated content. The platform operates on a “notice and takedown” basis, strictly adhering to the DMCA processes for responding to claims of copyright infringement. Upon receiving a valid DMCA takedown notice, Sitehunt will remove the reported content and notify the user who posted it. Users who believe their content was removed in error or that their content does not infringe upon copyright may submit a DMCA counter-notification. Sitehunt will follow the statutory requirements of the DMCA in addressing such counter-notifications.

E. Reporting Infringements

If you believe that content on Sitehunt.io infringes your copyright, please send a DMCA takedown notice to our Designated Agent, Dane Carlson, at dmca@sitehunt.io. Your notice must include your contact information, a description of the copyrighted work and the infringing material, a statement of unauthorized use, and a declaration under penalty of perjury that your claim is accurate and that you are authorized to act on behalf of the copyright owner. Upon receiving a valid notice, Sitehunt will remove the infringing content and notify the poster, allowing them to file a counter-notification.

V. AI-Generated Content and Analysis

A. Ownership of AI-Generated Content

The AI on our platform provides insights to assist users in generating their final content. While the AI facilitates content creation, ownership of the AI-generated content is shared between the user who inputs and verifies the data and the platform. Users are ultimately responsible for the data they enter into the database and are considered the owners of their submitted content.

B. Use of AI-Generated Content

Users are permitted to use AI-generated insights for creating and enhancing content within the database, in promotional materials, in response to Requests for Information (RFIs), and on public-facing property displays. However, users are prohibited from monetizing any AI-generated content directly. The platform provides these insights as a tool for users, and any use of this content should align with the guidelines set forth herein.

C. Reliability and Accuracy of AI Analysis

The platform makes no guarantees regarding the reliability or accuracy of AI-generated insights. These insights are intended to be used as aids in content creation and decision-making. Users must verify and validate the insights provided by the AI before inserting data into the database or using it for any purpose. The platform is not responsible for any decisions made based on unverified AI insights or for any inaccuracies found within them.

D. Intellectual Property Rights in AI Content

The AI-generated insights are the result of shared ownership between the platform and its users. Users maintain the right to modify AI-generated insights and may extend this right to third parties with proper permission. The platform retains a non-exclusive license to use the AI-generated insights for the purpose of improving the software’s functionality. Any user contributions that help train the AI are utilized solely to enhance the software, and the platform makes no claim over intellectual property rights for these contributions, except as necessary for software enhancement. Third parties wishing to use the AI-generated content must obtain permission from the users who have verified and entered the final data content. The platform does not claim copyright over the AI-generated insights, and users are not permitted to monetize these insights directly.

VI. Intellectual Property Rights

A. Ownership of Service and Content

The platform owns all content and services provided directly by the platform, including but not limited to text, graphics, user interface, visual interface, photographs, logos, sounds, music, artwork, computer code, and other materials, as well as the design, structure, selection, coordination, expression, and arrangement of such content. This content is protected by copyright, trademark, and other intellectual property laws and treaties. Users are granted a limited license to access and use this content for personal, non-commercial purposes in accordance with our terms and conditions. Any unauthorized use, reproduction, modification, or commercial exploitation of the platform’s content is strictly prohibited.

B. Branding

Sitehunt’s brand name, logos, and any other identifiers used by the platform are the property of the platform and should not be used without permission. Users and third parties are prohibited from misrepresenting themselves as representatives of the platform or using the platform’s branding in a way that could cause confusion or imply endorsement, sponsorship, or affiliation without express consent.

C. Copyright Infringement (DMCA Policy)

For information regarding the handling of copyright infringement and DMCA policy, please refer to Section IV, Subsections D and E, which detail our procedures for reporting infringements and our commitment to following DMCA processes.

D. User Feedback

The platform welcomes and encourages user feedback, such as suggestions for improvements or new features. However, by submitting feedback, users agree that they relinquish any intellectual property rights they may have in their suggestions, and the platform is free to use, implement, and exploit this feedback without restriction or compensation.

VII. Subscription and Payment

A. Subscription Plans

We offer a variety of subscription plans tailored to meet the needs of organizations of different sizes and service areas. Our plans are available on a monthly or annual basis and are tiered to accommodate the number of users and properties your organization manages. Each plan tier comes with specific features and limitations, which are detailed on our subscription page. We encourage you to review these details to choose the plan that best fits your needs.

B. Fees and Payment Terms

Subscription fees are charged in United States Dollars (USD) and are subject to the terms of the selected plan. We currently process payments through Stripe, accepting all major credit cards for automatic billing. For annual subscriptions, we also accept purchase orders. By subscribing to our service, you agree to these payment terms and authorize us to charge your card or process your purchase order for subscription fees, including any applicable taxes and other charges.

C. Renewal and Cancellation

Subscriptions are set to renew automatically. To cancel your subscription, you must provide a 30-day notice prior to the renewal date. Cancellation requests can be submitted through your account settings or by contacting our support team. Please note that no refunds will be issued for cancellations or for any unused portion of the subscription term.

D. Refunds and Credits

All subscription fees are non-refundable. We do not offer credits or refunds for partially used subscription periods or for any unused services. We encourage you to consider this policy when choosing your subscription plan and renewal options.

VIII. Privacy and Data Protection

A. Data Collection and Use

Our platform is committed to protecting the privacy of our users. We collect both personal and non-personal data to provide and improve our services, facilitate user interaction, and comply with legal requirements. Personal data may include, but is not limited to, name, contact information, and payment details. Non-personal data may include usage statistics and browser information. We obtain user consent for data collection and use in accordance with applicable laws and provide users with the option to opt-out where appropriate. For more detailed information on how we handle your personal data, please refer to our Privacy Policy.

B. Data Security

We prioritize the security of our users’ data and employ a range of technical and organizational measures to protect it against unauthorized access, alteration, disclosure, or destruction. Our security measures are regularly reviewed and updated in line with technological advancements. In the event of a data breach, we will take prompt action in accordance with our incident response plan and notify affected users as required by law.

C. User Privacy Rights

Users have the right to access, review, update, or delete their personal data at any time. If you wish to exercise any of these rights, please contact our support team. We will process your request in accordance with our internal policies and legal obligations. Users also have the right to withdraw consent for data processing, subject to any limitations imposed by law.

D. Compliance with Data Protection Laws

Our platform complies with all applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) for users in the European Union, and other regional regulations. We regularly review our data collection, storage, and processing practices to ensure compliance.

IX. Third-Party Services and Content

Our platform does not provide links to, integrate with, or endorse any third-party websites, services, or content. We are solely focused on delivering our proprietary content and services, and we take no responsibility for any third-party materials or their practices. As such, users will not encounter third-party links or integrations within our platform, ensuring a consistent and secure experience with the content we directly offer.

X. Termination and Suspension

Users may terminate their subscription by canceling in their billing information settings or contacting us directly, with the same 30-day notice requirement prior to the renewal date as detailed in Section VII.C. Upon termination by the user, no refunds will be issued for any remaining subscription term. Sitehunt may terminate a user’s account for reasons outlined in Section II.C & D, which include but are not limited to, violations of the Terms of Service, user request, or non-payment of fees. Following termination by either party, all associated data will be deleted in accordance with our data retention policy and applicable laws. Additionally, as per Section II.D, in cases of forgotten passwords, unauthorized access, or violations of the Terms of Service, Sitehunt reserves the right to suspend or terminate accounts and will provide an account recovery process to address such issues.

XI. Disclaimers and Limitations of Liability

A. Service Provided “As Is”

The service is provided “as is” without any warranties, express or implied. Sitehunt does not guarantee that the service will be uninterrupted, secure, or error-free, nor the accuracy of any information provided.

B. Limitations of Liability

To the fullest extent permitted by applicable law, Sitehunt shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to, use of, or inability to access or use the service; (b) any conduct or content of any third party on the service; or (c) unauthorized access, use, or alteration of your transmissions or content. In no event shall Sitehunt’s aggregate liability for all claims related to the service exceed the amount paid by you to Sitehunt in the past six months for the service in question.

C. Indemnification

You agree to defend, indemnify, and hold harmless Sitehunt and its parent, subsidiaries, affiliates, officers, directors, agents, partners, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of and access to the Service, including any AI features within the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, trademark, trade secret, or other proprietary or intellectual property right; (iv) any AI-generated content or decisions made by AI algorithms; (v) any errors, inaccuracies, or unintended actions of AI; or (vi) any claim that your content caused damage to a third party or any reliance on any information or recommendations provided by the AI. This defense and indemnification obligation will survive the termination or expiration of these Terms of Service and your use of the Service.

XII. Governing Law and Jurisdiction

These Terms of Service and any related disputes shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. The parties agree to first attempt to settle any claim or controversy arising out of or relating to these Terms through mediation in Galveston County, Texas. Mediation is a required condition precedent to pursuing any other legal or equitable remedies. Should litigation be necessary, parties agree to submit exclusively to the jurisdiction of the state and federal courts located in Galveston County, Texas, for the resolution of all disputes.

XIII. Miscellaneous

A. Entire Agreement

These Terms of Service constitute the entire agreement between you and Sitehunt and govern your use of the Service, superseding any prior agreements or communications between you and Sitehunt regarding the Service.

B. Severability

If any provision of these Terms of Service is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

C. Waiver

The failure of Sitehunt to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

D. Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Sitehunt prior written consent. Sitehunt may assign or transfer these Terms of Service, at its sole discretion, without restriction.

XIV. Contact Information

A. How to Contact Us

Should you have any questions about these Terms of Service or wish to contact us for any reason related to our service, please do so at the following:

Email: info@sitehunt.io

Phone: 209-626-6261

Mail: 3420 Patagonia St., League City, TX 77573

We welcome your inquiries and feedback and will strive to respond to your communications promptly.

B. Notices

Sitehunt will provide notices to users via the email address provided at registration, through postings on the service interface, or via mail to the address provided in your account information. It is your responsibility to keep your contact information up to date to ensure you receive all notices.

XV. Effective Date of Terms

These Terms of Service are effective as of February 25, 2024, and will apply to the use of our service from this date forward.