TERMS OF USE & LEGAL DISCLAIMER

Effective Date: 01/01/2026

Welcome to SUBGRADE IQ (“Platform,” “Company,” “we,” “our,” or “us”). By accessing or using the Platform, you agree to the following Terms of Use.

1. Nature of the Platform

SUBGRADE IQ is a web-based data interpretation platform that analyzes publicly available soil and subsurface datasets to provide planning-level predictive insights along user-submitted routes.

The Platform is provided strictly for informational and preliminary planning purposes only.

2. No Engineering or Professional Services

SUBGRADE IQ does not provide engineering, geotechnical, surveying, construction management, or professional consulting services.

Nothing contained within the Platform constitutes professional advice or a substitute for:

  • Site-specific geotechnical investigation

  • Field verification

  • Licensed engineering analysis

  • Construction feasibility assessment

Users are solely responsible for obtaining appropriate professional services prior to construction activities.

3. Data Sources & Accuracy

The Platform relies on publicly available governmental and third-party datasets, which may include soil surveys and geospatial information.

Such datasets:

  • May be generalized

  • May not reflect site-specific variability

  • May contain errors or omissions

  • May be incomplete or outdated

SUBGRADE IQ makes no representations or warranties regarding the completeness, reliability, or accuracy of such data.

Actual subsurface conditions may differ materially from platform outputs.

4. Planning-Level Use Only

All results are intended for high-level planning and budgeting intelligence only.

The Platform does not guarantee:

  • Subsurface composition

  • Depth to restrictive layers

  • Bore feasibility

  • Production rates

  • Construction costs

Users acknowledge that subsurface conditions are inherently variable and unpredictable.

5. Assumption of Risk

By using SUBGRADE IQ, you acknowledge and agree that:

  • Digital soil datasets cannot replace physical site investigation

  • Construction decisions involve inherent uncertainty

  • You assume all risk associated with reliance on platform outputs

6. Limitation of Liability

To the fullest extent permitted by law:

SUBGRADE IQ shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or related to:

  • Use of the Platform

  • Reliance on analytical outputs

  • Construction decisions

  • Cloud infrastructure failure

  • Cyber incidents

  • Third-party hosting provider outages

In all cases, the Company’s total liability shall not exceed the total subscription fees paid by the User in the twelve (12) months preceding the claim.

7. Indemnification

Users agree to indemnify and hold harmless SUBGRADE IQ, its owners, affiliates, officers, and employees from any claims, losses, liabilities, or damages arising from:

  • Use of the Platform

  • Construction or budgeting decisions

  • Third-party contractor engagement

  • Misuse of platform outputs

8. Contractor Directory Disclaimer

SUBGRADE IQ may provide access to contractor listings or geographic service boundaries.

The Company:

  • Does not endorse contractors

  • Does not verify qualifications

  • Does not guarantee performance

  • Is not responsible for agreements between users and contractors

All contractor engagement occurs at the User’s sole risk.

9. Cloud Infrastructure

SUBGRADE IQ is hosted on enterprise cloud infrastructure provided by Amazon Web Services (AWS) or comparable cloud service providers.

The Platform is provided on an “as available” basis.

The Company does not guarantee:

  • Continuous availability

  • Uninterrupted access

  • Error-free operation

  • Specific uptime levels

Scheduled maintenance, infrastructure issues, or third-party cloud service interruptions may temporarily affect availability.

10. Data Processing & Retention

User-uploaded route files (including SHP, KML, KMZ, or similar geospatial files):

  • Are processed solely for the purpose of generating analytical outputs

  • Are not stored long-term within the Platform

  • Are deleted from active processing environments after analysis is completed

SUBGRADE IQ does not maintain permanent archives of user-uploaded route files.

Derived analytical outputs may be retained in user accounts for reporting purposes, but the original uploaded route files are not preserved.

11. Security

The Company implements commercially reasonable administrative, technical, and physical safeguards designed to protect user data during processing.

However:

  • No system can be guaranteed 100% secure

  • Transmission of information over the internet involves inherent risk

By using the Platform, Users acknowledge and accept these risks.

12. Confidentiality of Uploaded Data

SUBGRADE IQ does not sell, distribute, or publicly disclose user-uploaded route files.

Uploaded files are used exclusively for analytical processing and are removed from active systems following analysis.

Anonymized and aggregated system performance data may be used for internal improvement of platform functionality.

13. Intellectual Property

The Platform’s methodology, software, workflows, analytical techniques, and interface design are proprietary intellectual property of SUBGRADE IQ.

Users may not reproduce, distribute, reverse engineer, or commercialize any portion of the Platform without written consent.

14. Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to conflict of law principles.