Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Subscriber" or "you") and PermitMiner LLC ("PermitMiner," "we," or "us"), a Utah limited liability company with its principal place of business in St. George, Utah. By creating an account, starting a free trial, or accessing or using the PermitMiner platform and services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not create an account or use the Service. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" refers to that entity.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Service. The Service is available only to individuals and businesses located in the United States. By using the Service, you represent and warrant that you meet these eligibility requirements and that all information you provide to us is accurate and complete.

3. Account responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at legal@permitminer.com if you become aware of any unauthorized use of your account. PermitMiner will not be liable for any loss or damage arising from your failure to maintain the security of your account.

Accounts are for the sole use of the individual or entity that registers them. You may not share your account credentials with others, allow others to use your account, or create accounts on behalf of third parties without our written consent. Each subscription is limited to one user unless otherwise specified in your plan.

4. Subscription and billing

4a. Free trial

We offer a 14-day free trial on paid subscription plans. You must provide valid payment information to start a free trial. You will not be charged until the free trial period ends. If you cancel before the end of the trial period, you will not be charged. If you do not cancel before the trial ends, your paid subscription will begin automatically and your payment method will be charged for the first billing period.

4b. Auto-renewal

Subscriptions are billed on a monthly basis and renew automatically at the end of each billing period. By subscribing, you authorize PermitMiner to charge your payment method on file each month until you cancel. You will receive the Service for the full billing period for which you have paid, and cancellation takes effect at the end of the then-current billing period.

4c. Payment processing

All payments are processed by Stripe, our third-party payment processor. Your payment information is collected and stored directly by Stripe. By providing payment information, you agree to Stripe's terms of service and privacy policy. PermitMiner does not store your full payment card details.

4d. Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of the period for which you have paid. Cancellation does not entitle you to a refund for any unused portion of a paid billing period.

4e. No refunds for partial periods

Except as expressly required by applicable law or as otherwise stated in these Terms, all subscription fees are non-refundable. There are no refunds or credits for partial months of service, unused features, or periods during which you do not use the Service.

4f. Price changes

We reserve the right to change the fees for any subscription plan. We will notify you of any price increase at least 30 days in advance by email to the address on your account or by a prominent notice within the Service. Price changes will take effect at the start of the next billing period following the notice. If you do not wish to continue at the new price, you may cancel your subscription before the price change takes effect. Your continued use of the Service after a price change takes effect constitutes your acceptance of the new price.

5. The Service and data accuracy

The Service provides access to aggregated building permit data sourced from publicly available Utah county permit records, as well as contact information derived from public records, public business registries, and other publicly available sources. PermitMiner enriches this data through automated and manual research processes to identify contractors, engineers, owners, and business contact information.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• The data provided through the Service is derived from third-party public sources and may be incomplete, outdated, inaccurate, or contain errors.
• PermitMiner does not warrant that any permit record is complete or current, that any contact information is accurate or still valid, or that any contact will be reachable.
• No lead or contact provided through the Service constitutes a guarantee or warranty that a business opportunity exists or that you will obtain any business as a result.
• You are solely responsible for verifying all contact information before use and for conducting your own due diligence on any lead, contact, or opportunity identified through the Service.

6. Outreach feature and compliance obligations

If you use the outreach email automation feature available on certain subscription plans, you acknowledge and agree to the following:

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE for all outreach communications sent using or in connection with the Service, including all emails sent through your connected Gmail account via the Gmail API. PermitMiner is a technology tool provider. We are not a sender of your emails, not a party to your communications, and not responsible for the content, targeting, or consequences of any message you send.

Without limiting the generality of the foregoing, you represent, warrant, and agree that you will at all times comply with all applicable laws and regulations governing commercial email and solicitation, including without limitation:

• The CAN-SPAM Act (15 U.S.C. 7701 et seq.), including requirements to include an accurate physical postal address and a clear and conspicuous opt-out mechanism in every commercial email, and to honor opt-out requests promptly.
• The Telephone Consumer Protection Act (TCPA) and its implementing regulations, to the extent you use the Service or any contact data in connection with telephone solicitation.
• All state anti-spam and commercial solicitation statutes, including without limitation applicable Utah statutes and any statutes of the state in which the recipient is located.
• All applicable do-not-call and do-not-contact registries and requirements.
• Any other applicable federal, state, or local law or regulation governing commercial communications.

PermitMiner will not be liable for any fines, penalties, claims, damages, or other consequences arising from your outreach communications or your failure to comply with applicable law. You agree to indemnify and hold harmless PermitMiner as set forth in Section 9.

7. Intellectual property

7a. PermitMiner IP

The Service, including all software, algorithms, data models, compilations, user interfaces, design elements, trademarks, logos, and documentation, is owned by PermitMiner LLC and is protected by applicable intellectual property laws. Nothing in these Terms transfers any ownership interest in the Service or its underlying technology to you.

7b. Limited license to you

Subject to your compliance with these Terms and payment of all applicable fees, PermitMiner grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service and the data outputs delivered through it solely for your internal business purposes in connection with identifying and pursuing construction bid opportunities. This license does not include any right to sublicense, resell, redistribute, publicly display, create derivative works from, scrape, or otherwise exploit the Service or its data outputs for any commercial purpose other than your own direct use.

7c. Prohibited uses of data

You may not resell, redistribute, sublicense, or transfer any data or reports you receive through the Service to any third party. You may not use automated tools to scrape, extract, or bulk-download data from the Service beyond the export features we provide. You may not use data from the Service to build a competing product or to compile a database for resale. Each of these actions constitutes a material breach of these Terms.

7d. No reverse engineering

You may not reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or internal logic of any part of the Service. You may not probe or test the vulnerability of any PermitMiner system or network without our express written authorization.

8. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERMITMINER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

WITHOUT LIMITING THE FOREGOING, PERMITMINER MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY DATA PROVIDED THROUGH THE SERVICE IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (D) ANY CONTACT INFORMATION PROVIDED IS VALID OR WILL REACH THE INTENDED RECIPIENT; (E) ANY LEAD WILL RESULT IN A BUSINESS OPPORTUNITY OR REVENUE; OR (F) ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED.

The data in the Service is derived from public records and third-party sources and may contain errors or omissions for which PermitMiner bears no responsibility. Some jurisdictions do not allow the exclusion of certain implied warranties, so the above exclusions may not apply to you to the full extent stated.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERMITMINER LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, EVEN IF PERMITMINER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

IN ANY CASE, PERMITMINER'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO PERMITMINER DURING THE THREE (3) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitation of liability set forth above reflects a reasonable allocation of risk between the parties and is a fundamental element of the basis of the bargain between you and PermitMiner. Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you in full.

10. Indemnification

You agree to defend, indemnify, and hold harmless PermitMiner LLC, its members, managers, officers, employees, agents, affiliates, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service in violation of these Terms or applicable law.
• Any outreach communications you send using the Service or any contact data obtained through the Service, including any violation of CAN-SPAM, TCPA, state anti-spam laws, or any other law governing commercial communications.
• Any claim by a third party arising from your communications or use of data obtained through the Service.
• Your infringement or alleged infringement of any third-party intellectual property or other rights.
• Your fraud, negligence, willful misconduct, or misrepresentation.

PermitMiner reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with PermitMiner in asserting any available defenses.

11. Termination and suspension

PermitMiner reserves the right, in its sole discretion, to suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, including for violation of these Terms, non-payment, fraudulent or abusive conduct, or conduct that PermitMiner reasonably believes may harm PermitMiner or other users.

You may terminate your account at any time by canceling your subscription through your account settings and ceasing use of the Service. Cancellation does not entitle you to any refund as described in Section 4e.

Upon termination, all licenses granted to you under these Terms will immediately cease, and you must stop using the Service and any data outputs obtained through it. Sections 5, 6, 7, 8, 9, 10, 12, 13, and 14 of these Terms survive termination.

12. Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights, including your right to bring a claim in court or to participate in a class action.

12a. Informal resolution

Before initiating any formal dispute resolution process, you agree to first contact us at legal@permitminer.com and provide a written description of the dispute, the relevant facts, and the relief you seek. We will attempt in good faith to resolve the dispute informally within 30 days of receiving your notice. Neither party may initiate formal proceedings before this 30-day period expires.

12b. Binding arbitration

If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved by binding arbitration administered by JAMS (or a comparable arbitration organization agreed upon by the parties) under its then-current rules, except as modified herein. The arbitration shall be conducted in Washington County, Utah, or by videoconference if both parties agree. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of an arbitration proceeding.

12c. Class action waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST PERMITMINER. ALL CLAIMS MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY.

12d. Venue fallback

To the extent any claim is not subject to arbitration, or if the arbitration agreement is found unenforceable for any reason, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Washington County, Utah, and each party waives any objection to such jurisdiction and venue.

12e. Governing law

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict-of-law principles.

13. General provisions

13a. Entire agreement

These Terms, together with our Privacy Policy and any plan-specific terms communicated to you at the time of subscription, constitute the entire agreement between you and PermitMiner with respect to the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

13b. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

13c. No waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

13d. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. PermitMiner may assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without your consent.

13e. Changes to these Terms

We may modify these Terms at any time. For material changes, we will provide at least 14 days' advance notice by email or by a prominent notice within the Service. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cancel your subscription and stop using the Service.

13f. Force majeure

PermitMiner will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or infrastructure outages, actions of government authorities, or failures of third-party services.

14. Contact

Questions about these Terms should be directed to: