End User License Agreement

1. Acceptance & Eligibility

You represent that you are at least 18 years old and have the authority to enter into this Agreement. If you accept on behalf of an organization, you represent that you are authorized to bind that organization, and "you" refers to that organization. If we and you have signed a separate agreement covering the Software — a Master Services Agreement, enterprise order form, quote, or statement of work (each, an "Order") — that Order controls over this Agreement to the extent of any conflict, and this Agreement governs everything the Order does not address. This Agreement applies to all users of the Software, whether you subscribe online, purchase through an app store, or are invoiced directly under an Order.

2. License Grant

Subject to your compliance with this Agreement and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the Software for your internal business purposes, for the number of authorized users/seats you have purchased. The Software is licensed, not sold. We reserve all rights not expressly granted.

4. Diagnostic & Technical Data

To operate, maintain, and improve the Software, we may collect limited technical and diagnostic information — such as app version, device model and OS, crash logs, error reports, connected-device model (e.g., GNSS receiver or locator type), and feature-usage statistics. This is used to deliver updates, provide support, and improve reliability. Diagnostic data is separate from, and does not include, your Customer Data (your utility locations, coordinates, tickets, or GIS layers) except as strictly necessary to reproduce a reported error and only with your involvement. Our handling of personal information is governed by our Privacy Policy.

5. Accuracy, Positioning & Locating — Assumption of Risk

The Software assists with mapping, recording, and visualizing utility and geospatial information. It does not physically locate buried utilities, does not guarantee that any utility exists or does not exist at a given location, and is not a replacement for a qualified utility locator, a one-call/811 notification, subsurface utility engineering (SUE), or physical verification.

Positioning results are estimates, not guarantees

Any coordinate, elevation, RTK/GNSS fix, "relocate"/"navigate-to" guidance, or map position produced or displayed by the Software is an estimate whose accuracy depends on numerous factors outside our control, including but not limited to:

• satellite availability and geometry (DOP), signal obstructions, and multipath;
• the correction source and its integrity (e.g., NTRIP caster, base station, RTK/RTX network, PPP);
• baseline length, correction latency, fix type (RTK fixed/float, DGPS, autonomous), and re-convergence;
• the GNSS receiver, antenna, and any tilt/IMU compensation, and their calibration and setup;
• coordinate reference system, datum, epoch, geoid model, and any transformation or localization applied;
• atmospheric conditions, environment, and physical site conditions;
• device sensors, mounting, pole/rod height entry, and operator technique and setup.

Where the Software records or displays information derived from an electromagnetic (EM) locating receiver, that information carries the inherent limitations of EM locating, including but not limited to:

• signal bleed-off, coupling, or transfer onto adjacent or bonded utilities, so that the field being traced may not belong to the intended facility;
• distorted or non-circular fields caused by hookup quality, grounding, congested corridors, or interference;
• facilities that cannot be located by EM means at all — non-conductive pipe, deteriorated or broken tracer wire, unbonded or isolated segments, and deep or shielded lines;
• depth readings, which are estimates only and are among the least reliable outputs of any EM locating system; any depth shown or computed by the Software, including any comparison between a reported depth and a modeled depth, is an indicator and not a measurement of actual burial depth;
• the skill, training, technique, and equipment configuration of the operator performing the locate.

Because of these variables, we do not warrant or guarantee the accuracy, precision, completeness, reliability, or fitness of any position, coordinate, measurement, score, or map produced by the Software. The LocateIQ Rating and any quality/confidence scores are informational indicators only and are not a certification of accuracy or of a utility's existence, depth, or position.

Previously recorded data may no longer be correct

A locate recorded in the Software is a record of what an operator observed at one moment in time. It is not a live representation of what is in the ground today. Facilities are added, replaced, re-routed, abandoned, exposed, damaged, and re-buried; ground moves; and surface references change. Any stored position, line, marker, elevation, or score may become inaccurate or misleading with the passage of time, and the Software does not detect or warn you when that has happened.

Features of the Software that guide you back to previously recorded positions — including “relocate,” navigation, guidance tones, and any correction derived from an above-ground marker or control point — return you to a recorded position, not to a verified facility. Above-ground markers may be moved, reset, resurfaced, destroyed, or mis-identified, and a coordinate correction derived from a disturbed marker will shift every position derived from it without any indication of error. You must re-verify before relying on prior data.

Not a survey and not an engineering deliverable

Output of the Software is not a boundary or cadastral survey, is not prepared or sealed by a licensed professional land surveyor or engineer, and does not constitute subsurface utility engineering. No output of the Software establishes ASCE 38 Quality Level A or otherwise certifies the horizontal position, vertical position, or existence of any facility. Only physical exposure of a facility can do that.

Scores and ratings are not assurances

The LocateIQ Rating and any point, line, confidence, consistency, or quality score is a relative indicator computed from the data available to the Software at that moment. A high score means the available measurements were internally consistent. It does not mean a facility was correctly identified, correctly positioned, or correctly attributed, and it must never be treated as verification, certification, clearance to excavate, or a basis for reducing any tolerance zone, hand-digging requirement, or other precaution required by law or good practice.

Your responsibilities

• Always submit a one-call/811 request and follow all applicable federal, state, and local damage-prevention laws, regulations, and permits before excavation.
• Independently verify positions by appropriate means (e.g., potholing/daylighting, physical inspection, qualified locators) before excavating, boring, or making any safety-critical decision.
• Use qualified, trained personnel and properly configured equipment.
• Do not rely on the Software as the sole basis for excavation, design, or any decision affecting personal safety or property.
• Observe every tolerance zone, hand-digging, vacuum-excavation, and clearance requirement imposed by applicable law or by the facility owner. Nothing produced by the Software — including a high-scoring locate, a tight accuracy figure, or a successful relocate — narrows, waives, or satisfies any such requirement.
• If you share, export, or deliver Software output to any third party (including excavators, utility owners, engineers, or contractors), you are responsible for conveying its limitations. Software output is not a representation or warranty to any third party, and you may not represent it as verified, certified, or surveyed.

You knowingly and voluntarily assume all risk arising from your use of the Software and any reliance on its outputs.

6. Acceptable Use & Restrictions

You will not, and will not permit others to:

• copy, modify, or create derivative works of the Software except as expressly permitted;
• reverse engineer, decompile, disassemble, or attempt to derive source code, except to the extent that restriction is prohibited by applicable law;
• rent, lease, lend, sell, sublicense, distribute, or make the Software available to third parties, or use it on a service-bureau or timeshare basis beyond your authorized users;
• circumvent license, seat, authentication, or security controls;
• use the Software unlawfully, to infringe others' rights, or to build a competing product; or
• remove or obscure proprietary notices.

7. Third-Party Services & Equipment

The Software may integrate with or rely on third-party services, hardware, and data — including Esri ArcGIS, Subsurface Maps, NTRIP casters and correction networks, GNSS receivers and locators, basemap and map-rendering providers, and the Apple App Store and Google Play. We do not control and are not responsible for third-party services, equipment, availability, accuracy, or terms, and your use of them is at your own risk and subject to their terms. We may add, change, suspend, or discontinue integrations; where a change is within our control and materially affects a paid feature, we will use commercially reasonable efforts to provide reasonable notice.

8. Subscriptions, Fees & Renewal

Paid plans are billed in advance for the subscription period you select (monthly or annual, as selected at purchase). Fees are stated at purchase and are non-refundable except as required by law or expressly stated. Subscriptions automatically renew for successive periods equal to the then-current term unless cancelled.

Cancelling. You may cancel at any time through your account settings or by contacting us. Cancellation takes effect at the end of your current billing period — you keep access for the period you have already paid for, and you are not charged again. No advance notice period is required.

Free trial. Where we offer a free trial, the trial length is stated at signup (currently seven (7) days). You may cancel at any time during the trial and will not be charged. If you do not cancel before the trial ends, the subscription converts automatically to the paid plan you selected and the first charge is applied at that time.

Price changes. We will provide at least thirty (30) days' notice before any renewal price increase takes effect, and you may cancel before it applies.

Invoiced accounts. Where we invoice you directly rather than charging a payment method at signup, fees are due within thirty (30) days of the invoice date unless your Order states otherwise. Undisputed amounts more than thirty (30) days past due may accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and we may suspend access after reasonable notice until the balance is paid. Fees are exclusive of taxes, and you are responsible for any sales, use, or similar taxes other than taxes on our income. If you require a purchase order, you are responsible for issuing it; we may reference your PO number on invoices for your convenience, but preprinted terms on a purchase order or vendor portal do not modify this Agreement or your Order.

App Store and Google Play. If you purchased through the Apple App Store or Google Play, billing, renewal, and cancellation are handled by that store under its own rules, and you must manage or cancel the subscription through your store account rather than with us.

9. Disclaimer of Warranties

THE SOFTWARE AND ALL SERVICES, DATA, SCORES, AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY POSITION, MEASUREMENT, OR MAP WILL BE ACCURATE OR COMPLETE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS OWNERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, PROPERTY DAMAGE, COST OF SUBSTITUTE SERVICES, OR DAMAGES ARISING FROM EXCAVATION, DAMAGE PREVENTION, OR RELIANCE ON ANY POSITION OR OUTPUT OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT WHERE PROHIBITED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US FOR THE SOFTWARE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in this Agreement limits liability that cannot be limited by law (for example, certain claims for gross negligence, willful misconduct, or personal injury where non-waivable). Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

11. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless the Company and its owners and personnel from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Data; (b) your use of the Software; (c) any excavation, locating, design, or field decision made in connection with the Software; or (d) your violation of this Agreement or applicable law.

12. Term & Termination

This Agreement applies while you use the Software. You may stop using and uninstall the Software at any time. We may suspend or terminate your license if you materially breach this Agreement or fail to pay fees. On termination: your license ends and you must stop using the Software. For a period of thirty (30) days after termination, you may export your Customer Data; after that, we may delete Customer Data in the ordinary course, subject to our Privacy Policy and any legal retention obligations. Sections that by their nature should survive (including Sections 3, 5, 9, 10, 11, and 14) survive termination.

13. Changes

We may update the Software and this Agreement from time to time. Material changes to this Agreement will be posted here with an updated "Last Updated" date and, where required, communicated to you. Your continued use after changes take effect constitutes acceptance. If you do not agree to a change, stop using the Software.

14. Governing Law & Dispute Resolution

This Agreement is governed by the laws of the State of Nebraska, U.S.A., excluding its conflict-of-laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Sarpy County, Nebraska for any dispute, except that either party may seek injunctive relief in any court of competent jurisdiction. If you are a consumer residing outside the U.S., mandatory local laws of your place of residence may apply.

15. Export Compliance

You may not use or export the Software in violation of U.S. export laws. You represent that you are not located in, and are not a national of or ordinarily resident in, an embargoed country, and are not on any U.S. government restricted-party list. You will not use the Software for any prohibited end use.

16. General

This Agreement (together with any MSA and the Privacy Policy) is the entire agreement between you and us regarding the Software and supersedes prior agreements on that subject. If any provision is unenforceable, the rest remains in effect and the unenforceable provision will be limited to the minimum extent necessary. Our failure to enforce a right is not a waiver. You may not assign this Agreement without our consent; we may assign it in connection with a merger, acquisition, or sale of assets. There are no third-party beneficiaries. Apple and Google are third-party beneficiaries of the app-store terms only to the extent required by their platform rules.

17. Apple App Store — Additional Terms

The following additional terms apply to the LocateIQ application when it is downloaded from or used on Apple's App Store (the "App Store Sourced Application"). In the event of any conflict between these terms and the rest of this Agreement, these terms control with respect to the App Store Sourced Application. Equivalent terms apply to the Android application obtained through Google Play to the extent required by Google's platform rules.

17.1 Acknowledgement. This Agreement is concluded solely between you and Ground Graffiti, LLC, and not with Apple Inc. ("Apple"). Ground Graffiti, LLC, not Apple, is solely responsible for the App Store Sourced Application and its content. This Agreement does not provide for usage rules for the App Store Sourced Application that conflict with the Apple Media Services Terms and Conditions (the "Usage Rules"), and the terms of this Agreement are no less restrictive than the Usage Rules.

17.2 Scope of License. The license granted to you for the App Store Sourced Application is a limited, non-transferable license to use the App Store Sourced Application on any Apple-branded products that you own or control, and only as permitted by the Usage Rules, except that it may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

17.3 Maintenance and Support. Ground Graffiti, LLC is solely responsible for providing any maintenance and support services with respect to the App Store Sourced Application, as specified in this Agreement or as required under applicable law. You and Ground Graffiti, LLC acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

17.4 Warranty. Ground Graffiti, LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App Store Sourced Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Ground Graffiti, LLC.

17.5 Product Claims. Ground Graffiti, LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the App Store Sourced Application or your possession and/or use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

17.6 Intellectual Property Rights. In the event of any third-party claim that the App Store Sourced Application or your possession and use of it infringes that third party's intellectual property rights, Ground Graffiti, LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

17.7 Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

17.8 Developer Name and Address. Any questions, complaints, or claims with respect to the App Store Sourced Application should be directed to: Ground Graffiti, LLC, 9819 S 168th Ave, Omaha, Nebraska 68136, USA; support@locateiq.com.

17.9 Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the App Store Sourced Application.

17.10 Third-Party Beneficiary. You and Ground Graffiti, LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as it applies to the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

18. Contact

Questions about this Agreement? Contact us:

Ground Graffiti, LLC (LocateIQ)
9819 S 168th Ave, Omaha, Nebraska 68136
Email: support@locateiq.com