Terms of Service

Epiloft is a software platform for organizing, enhancing, visualizing, and sharing aerial and ground photography and derived spatial products, including photo editing with boundary-line overlays, orthomosaic and 3D model processing, measurement and planning tools, and shareable project pages. The Service is a planning and visualization tool. It is not a surveying, engineering, appraisal, or legal service. See Section 6, which is central to this agreement.

You must be at least 18 years old and capable of forming a binding contract. You are responsible for your account credentials and for all activity under your account. Provide accurate account and billing information and keep it current. You are responsible for people you invite to your projects (team members, clients viewing shared deliverables) to the extent they act through access you granted.

3.1 Plans. Current plans, prices, and plan limits (including storage allowances and feature access) are stated at purchase. The price quoted at checkout by our payment processor is authoritative. We may change prices for future billing periods with at least 30 days' notice; changes never apply retroactively to a period you have already paid for.

3.2 Trial. New accounts may begin with a free trial that requires a valid payment method. Unless you cancel before the trial ends, the trial converts automatically to a paid monthly subscription at the then-current price, and your payment method is charged. Trial limits (such as project, photo, and storage caps, watermarked exports, and preview-only share pages) are described in the Service; a one-time promotional credit grant may be included and is limited to one per payment card. If you cancel before conversion, your account and content become dormant and are retained and restorable as described in Section 3.4. To deter repeat free trials, we retain a non-reversible fingerprint of the payment card used (see Privacy Policy).

3.3 Renewal and cancellation. Subscriptions renew automatically each billing period until canceled. You may cancel at any time through your account; cancellation takes effect at the end of the current paid period. Annual subscriptions remain active through the end of the paid term and are not refunded for the unused portion.

3.4 What happens after cancellation or downgrade. When a subscription lapses or is downgraded, projects and outputs that require the higher plan become dormant: they are no longer publicly served, but your data and share links are retained and are restored when you resubscribe. Dormant content is retained for 12 months after lapse, after which we may delete it following notice to your account email. Section 12 covers deletion you request yourself.

3.5 Payment failure. If a renewal payment fails, we notify you and retry payment. Beginning the day after a failed renewal payment, creating new projects, uploading new content, starting new processing, and publishing new share pages are suspended until payment succeeds. Your existing published share pages continue to be served for 30 days after the failed payment so your client deliverables are not disrupted. If payment has not succeeded within 30 days, your subscription lapses and Section 3.4 applies.

3.6 Credits and wallets. Certain features consume prepaid credits (for example, processing credits billed per image and enhancement credits billed per delivered photo). Credits are consumed when the associated work is performed. Wallet balances and purchased credits do not expire but are non-refundable once purchased, except where required by law. Credits are not redeemable for cash and are not transferable between accounts. Consumed credits are not refunded for results you consider unsatisfactory where the Service performed the processing as described; Section 6 explains that output quality depends heavily on input imagery and site conditions.

3.7 One-time purchases. Pay-as-you-go project purchases (for example, single hosted map projects) include the hosting period stated at purchase and renew at the stated renewal price if you choose to extend.

3.8 Taxes. Prices exclude applicable taxes unless stated otherwise; you are responsible for taxes associated with your purchase other than taxes on our income.

4.1 You own your uploads. Photos, videos, boundary files, documents, and other materials you upload ("Your Content") remain yours. These Terms do not transfer ownership of Your Content to us.

4.2 License to us. You grant Epiloft a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transform, create derivative works from (for example, enhanced photos, orthomosaics, 3D models, terrain products), display, and transmit Your Content solely to: (a) operate, provide, and secure the Service, including transmitting Your Content to the third-party processors described in the Privacy Policy (for example, photogrammetry and photo-enhancement processing); and (b) improve the Service, including developing and improving automated site-analysis and processing features as described in the Privacy Policy, subject to the opt-out described there. This license ends when Your Content is deleted from the Service, except for limited backup retention described in the Privacy Policy.

4.3 Generated outputs. As between you and Epiloft, outputs generated from Your Content through the Service (enhanced photos, orthomosaics, models, reports, tour videos) belong to you, subject to (a) our and our licensors' ownership of the underlying software, models, styles, templates, and map data, and (b) third-party data terms in Section 5. Watermarks applied under your plan's entitlements may not be removed except by the Service under a plan that permits it.

4.4 Your responsibilities for Your Content. You represent that you have the rights needed to upload Your Content and grant the license above, and that Your Content and your use of it comply with law, including drone regulations (for example, FAA Part 107 and airspace rules for commercial operations in the United States), privacy laws, and any obligations you owe your own clients. You, not Epiloft, are responsible for how, where, and what you fly and photograph.

4.5 Feedback. If you send us ideas or suggestions, we may use them without obligation to you.

The Service incorporates data and services from third parties, including map imagery and tiles, parcel and public-records data from commercial and government sources for the regions we support, government elevation and environmental data, payment processing, and cloud processing providers. Parcel records may include parcel owner names as published in public records. Third-party data is provided as-is from its sources, may be outdated or inaccurate, and may be subject to additional terms and attribution requirements presented in the Service. Parcel lines and public-records data are reference information only and are covered by Section 6. We may change third-party providers or data availability over time.

Read this section carefully. It is a core term of this agreement and allocates risk between you and Epiloft.

6.1 Not a survey. Epiloft is not a land survey, does not produce legal boundary determinations, and does not replace licensed surveyors, engineers, appraisers, or other professionals. Boundary lines shown in the Service (whether imported from parcel records, drawn by you, or projected onto photos or models) are visual references only and do not represent legally authoritative property boundaries.

6.2 Estimates, not measurements of record. Measurements, areas, distances, elevations, contours, grades, volumes, sun and shadow simulations, flood or environmental layers, feasibility analyses, and similar outputs are model-derived estimates produced by automated processing of imagery and third-party data. They are suitable for planning, visualization, and preliminary evaluation only, and must be verified by appropriate licensed professionals before being relied on for any decision with legal, financial, construction, or safety consequences.

6.3 Resolution is not accuracy. Figures describing resolution, such as ground sample distance (cm/px), describe image or model detail. They are not a representation of positional, boundary, or elevation accuracy. Use of RTK, ground control points, or other accuracy aids improves results but does not make outputs a survey and does not create any accuracy guarantee by Epiloft.

6.4 Elevations are relative. Unless expressly datum-anchored by you with verified control, elevations and contours are relative to the model, not to a surveyed benchmark or datum.

6.5 Output quality depends on inputs. Reconstruction and enhancement quality depend on your imagery, capture technique, site conditions, and settings. We do not warrant any particular output quality for any particular dataset.

6.6 No professional advice. Nothing in the Service is legal, engineering, surveying, financial, or real-estate advice.

You will not, and will not permit others to: use the Service to violate law, including aviation, privacy, and surveillance laws; upload content that is unlawful, infringing, or that you lack rights to; use imagery or parcel data (including owner names) for harassment, stalking, unlawful discrimination, or any purpose prohibited by the laws governing that data; attempt to probe, breach, or overload the Service or access other users' data; reverse engineer the Service except where that restriction is prohibited by law; scrape, harvest, or use automated means to systematically extract data, outputs, or content from the Service, or bulk-export or resell Service data outside features we provide for that purpose; use Service data, outputs, or access to the Service to build or train a competing dataset, model, or data product; misrepresent Epiloft outputs as surveys or engineering deliverables; or remove required watermarks or attributions. For clarity, this section restricts extraction and use of the Service and its data and systems; it does not prohibit you from independently developing software, including competing software, without use of the Service or its data. We may suspend or terminate accounts for violations, with notice where practicable.

The Service lets you publish project share pages and deliver content to clients. Content you publish to a share link is accessible to anyone with the link (and, where you enable it, embeddable elsewhere). Link-accessible pages are not confidential storage: anyone with the link can view the content, and viewers may save, screenshot, or redistribute what they can see. You control per-item visibility and can unpublish at any time; previously fetched map tiles and page assets may persist briefly in viewers' browsers and content delivery caches after unpublishing. You are responsible for what you choose to publish and for your obligations to your clients. Share pages are client deliverables; we do not place third-party advertising on them.

The Service, including software, design, templates, styles, documentation, and trademarks (including EPILOFT), is owned by us and our licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service per these Terms. No rights are granted except as expressly stated. You may not use our marks without written permission, other than truthful references to the Service by name.

If you believe content on the Service infringes your copyright, send a notice to our designated copyright agent at copyright@epiloft.com including the information required by 17 U.S.C. § 512(c)(3). We respond to valid notices, may remove or disable content, and terminate the accounts of repeat infringers in appropriate circumstances.

We continually change and improve the Service and may add, alter, or remove features. Features identified as beta, preview, or experimental may change or end at any time and are provided without any warranty. We aim for high availability but do not guarantee uninterrupted service. We may perform maintenance, and we may suspend the Service where necessary for security or legal reasons. If we discontinue the Service entirely, we will provide reasonable notice and a window to export Your Content.

You may export Your Content and outputs through features provided in the Service. You may delete photos, projects, or your entire account from within the Service; deletion removes content from active systems promptly and from backups as they cycle out on our hosting provider's schedule. Some records (for example, billing records and audit logs) are retained as required by law or legitimate business need, as described in the Privacy Policy.

THE SERVICE AND ALL OUTPUTS AND DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE. WITHOUT LIMITING SECTION 6, WE DO NOT WARRANT THAT BOUNDARIES, MEASUREMENTS, ELEVATIONS, OR OTHER OUTPUTS ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL; (B) OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; AND (C) WE ARE NOT LIABLE FOR DECISIONS MADE, OR PROFESSIONAL SERVICES NOT OBTAINED, IN RELIANCE ON OUTPUTS DESCRIBED IN SECTION 6. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.

You will defend and indemnify Epiloft and its owners, employees, and agents against third-party claims and resulting damages and reasonable costs arising from: Your Content; your flights, capture activities, and field operations; your violation of these Terms or of law; your use of outputs contrary to Section 6 (including any representation of outputs as a survey or engineering deliverable); and disputes between you and your clients. We will notify you promptly of any claim and may participate with our own counsel at our expense.

You may stop using the Service and cancel at any time. We may suspend or terminate your access for material breach of these Terms, non-payment after the grace period, or where required for legal or security reasons; where practicable we will notify you and, for curable breaches, give you an opportunity to cure. Sections that by their nature should survive (including 4.5, 6, 9, and 13 through 19) survive termination.

17.1 Governing law. These Terms are governed by the laws of the State of South Dakota, without regard to conflict-of-law rules, and the Federal Arbitration Act governs Section 17.

17.2 Informal resolution first. Before filing a claim, you and we agree to try to resolve the dispute informally: send a written description of the dispute to hello@epiloft.com (or we will email your account address), and both parties will attempt in good faith to resolve it within 60 days.

17.3 Binding individual arbitration. Except as provided in 17.4, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in Pennington County, South Dakota or, at your election, by videoconference or in your home county. Judgment on the award may be entered in any court of competent jurisdiction.

17.4 Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for infringement or misuse of intellectual property or unauthorized access to the Service.

17.5 Class action waiver. DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) proceeds in court.

17.6 Opt-out. You may opt out of this arbitration agreement by emailing hello@epiloft.com within 30 days of first accepting these Terms, stating your account email and that you opt out of arbitration.

We may update these Terms. For material changes we will notify account holders (for example, by email or in-product notice) at least 30 days before the changes take effect; continued use after the effective date constitutes acceptance. The current version is always posted with its effective date.

These Terms, together with the Privacy Policy and any order or plan terms presented at purchase, are the entire agreement between you and us regarding the Service. If any provision is unenforceable, the remainder stays in effect. We may assign these Terms in connection with a merger, acquisition, or sale; you may not assign without our consent. No waiver is implied from any failure to enforce. Notices to you may be sent to your account email; notices to us go to hello@epiloft.com.