HAL Asset Locator LLC Terms of Service
1.Agreement to Terms
These Terms of Service (“Terms”) are a legal agreement between HAL Asset Locator LLC (“HAL,” “we,” “us,” or “our”) and the person or entity (“Customer,” “you,” or “your”) that creates an account, clicks “I agree,” or otherwise accesses or uses HAL’s software, mobile applications, websites, dashboards, services, and any related hardware we sell or rent (collectively, the “Service”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
2.Definitions
- App: HAL’s mobile and/or web applications.
- Hardware: High-precision geolocation/GNSS equipment, accessories, and kits that may be sold or rented by HAL and manufactured by third parties.
- Corrections Service: Third-party GNSS/RTK correction signals/services used by the Service to improve accuracy.
- Third-Party Providers: Independent providers of hardware, software, connectivity, maps, cloud hosting, or corrections.
- Subscription: Your paid or promotional plan for access to the Service.
- Documentation: User guides, setup instructions, and other materials provided by HAL.
3.Scope of the Service
HAL provides software tools to capture, store, visualize, and manage location data for assets and related project information. Unless expressly stated otherwise in writing, HAL is not a utility-locating company, surveying firm, engineering firm, or excavation safety service, and the Service is not designed for life-safety-critical uses.
4.Third Party Dependencies (Corrections & Others)
You acknowledge that portions of the Service depend on Third-Party Providers, including a third-party Corrections Service for GNSS/RTK signals. Availability, coverage, fix times, accuracy, and performance of such services depend on those providers and external factors (e.g., satellite geometry, interference, obstructions, connectivity, weather). HAL does not control and does not guarantee Third-Party Providers’ performance and is not responsible for outages, degradations, changes, or discontinuations attributable to them.
5.Hardware from Third Parties (Sale)
5.1 Sale
HAL may sell Hardware manufactured by third parties. All manufacturer warranties apply as provided by the manufacturer. Except as required by law, HAL disclaims any additional hardware warranties. Title to Hardware passes upon full payment. Dead-on-arrival (DOA) and return merchandise authorization (RMA) will be handled under Section 12 and the manufacturer’s policies.
5.2 Firmware, Accessories, and Compatibility
You are responsible for maintaining compatible firmware, software updates, batteries, and accessories, and following setup procedures and Documentation to achieve expected performance.
6.Accuracy Specifications and Technical Limitations
Under appropriate operating conditions (e.g., unobstructed sky view, favorable satellite geometry, Corrections Service availability, correct setup and calibration, and adherence to HAL procedures), the Service is designed to achieve approximately:
- 2–3 cm horizontal accuracy (X and Y), and
- up to ~15 cm in vertical/depth estimation (Z)
These are indicative figures and may vary due to multipath, obstructions, terrain, datum/coordinate issues, latencies, antenna placement, device orientation, environmental factors, or changes in ground level over time. Results are not guaranteed in all contexts.
Important Limitation. The Service does not detect or localize pipelines or other underground assets that have not been previously captured/registered through the system’s supported capture workflows and compatible equipment.
7.Acceptable Use & Restrictions
You shall not use the Service: (a) for unlawful activities; (b) for life-safety or human navigation/control; (c) for structural design decisions without professional validation; (d) to operate critical machinery; (e) to violate third-party rights; (f) to attempt to bypass technical safeguards, reverse engineer where not permitted, or scrape data at scale; or (g) in a manner that degrades network or Service performance.
8.Availability, Maintenance, and Support (No SLA)
The Service is provided “as available.” HAL may perform scheduled or unscheduled maintenance. Unless a separate, signed Service Level Agreement (SLA) states otherwise, HAL does not guarantee specific uptime, response, or resolution times. HAL offers reasonable commercial-hours support via the channels listed in Section 18.
9.Plans, Pricing, Billing, and Promotions
Fees are in U.S. Dollars (USD) and billed in advance per period unless stated otherwise. Taxes, duties, and third-party charges are your responsibility unless indicated. HAL may update plans and prices prospectively. Unless required by law, no partial refunds are issued for the current billing period.
Promotions (e.g., “first year free”) are subject to posted eligibility and duration terms, are non-transferable, and may not be combined with other offers unless explicitly stated. If your plan includes a bundled Corrections Service at no charge for a promotional period, that inclusion may end when the promotional term expires.
10.Intellectual Property; License; Feedback
HAL and its licensors retain all rights, title, and interest in and to the App, Service, software, Documentation, and trademarks. Subject to these Terms, HAL grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. By providing feedback or suggestions, you grant HAL a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate such feedback without obligation.
11.Data, Privacy, and Security
HAL processes project and location data in accordance with its Privacy Policy (linked in the App/website). You are responsible for having a lawful basis to upload any personal or project data and for obtaining necessary consents. HAL may host or process data outside your country. HAL implements reasonable organizational and technical measures to protect data; however, no method is 100% secure.
12.Returns, and DOA/RMA (Suggested Policy)
12.1 Hardware Sales – Returns
Within 30 days of delivery, you may request a return for a refund (original payment method) if the item is unused, in resalable condition, and returned with all accessories and packaging. Shipping charges are non-refundable. HAL may apply a 10–15% restocking fee for opened or incomplete returns. Custom or special-order items may be non-returnable (we will disclose when applicable).
12.2 DOA (Dead on Arrival) / RMA
If Hardware arrives defective, notify HAL within 15 days of delivery to obtain an RMA. We will coordinate repair/replacement per manufacturer policies. After 15 days, manufacturer warranty procedures apply.
13.Disclaimers (Service and Hardware)
Except as required by law: THE SERVICE AND ANY HARDWARE SOLD OR RENTED BY HAL ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HAL DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT SPECIFIC RESULTS OR ACCURACY LEVELS WILL BE ACHIEVED IN ALL CONTEXTS.
14.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. HAL’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO HAL FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (OR USD $100 IF NO AMOUNTS WERE PAID).
15.Indemnification
You will indemnify, defend, and hold harmless HAL and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your misuse of the Service; (b) your breach of these Terms; or (c) your violation of law or third-party rights.
16.Force Majeure
Neither party is liable for delays or failures caused by events beyond its reasonable control, including satellite failures, Corrections Service outages, telecommunications or internet failures, power outages, acts of government, natural disasters, labor disputes, or other force majeure events.
17.Modifications to the Service and to these Terms
HAL may modify the Service (including adding, changing, or discontinuing features or third-party integrations) and may update these Terms. Material changes will be notified through reasonable means (e.g., in-app notice or email) and become effective on the stated date. Your continued use after effectiveness constitutes acceptance.
18.Contact; Notices
Legal notices and inquiries may be sent to:
- HAL Asset Locator LLC
- Address: 13310 Walton-Verona Rd, Walton, KY 41094
- Email: IPadministrator@halassetlocator.com
Notices are deemed given when received by HAL at the above email or physical address (as applicable).
19.Export Controls; U.S. Government End Users
You agree to comply with all applicable export control and sanctions laws and regulations. The Service is “commercial computer software” and “commercial computer software documentation” under FAR/DFARS and is licensed to U.S. Government end users only as commercial items with the same rights as other users, consistent with applicable regulations.
20.Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without HAL’s prior written consent. HAL may assign these Terms freely to an affiliate or in connection with a merger, acquisition, or sale of assets.
21.Entire Agreement; No Waiver; Severability
These Terms, together with any order forms and incorporated policies (e.g., Privacy Policy), constitute the entire agreement between you and HAL regarding the Service and supersede prior agreements on the same subject. Failure to enforce a provision is not a waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary or severed, leaving the remainder in effect.
22.Governing Law and Venue (Choose One State)
These Terms are governed by the laws of the State of Kentucky, excluding its conflict-of-law rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Jefferson County, Kentucky for all disputes not subject to arbitration, and waive any objection to inconvenient forum.
23.Beta and Preview Features
From time to time, HAL may offer beta or “coming soon” features (e.g., 3D scanning/visualization). Such features are provided for evaluation on an as-is and as-available basis and may be modified or discontinued at any time. Performance and accuracy may differ from production features.
24.Device Compatibility (Generic RTK Device)
The Service is designed to work with compatible high-precision GNSS receivers (RTK-enabled) and supported mobile devices as described in the Documentation. Compatibility lists may change over time. Using unsupported devices may degrade performance or prevent use.
25.Specific Safety Notice (Excavation/Underground Work)
The Service is not a substitute for legally required utility-locating services or safe-dig practices. Do not rely solely on the Service for excavation or other activities that may risk personal injury or property damage. Always follow applicable laws and industry standards and use qualified professionals and official “call-before-you-dig” services.
