Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you and FacilitySight, LLC (“FacilitySight,” “we,” “our,” or “us”) governing your access to and use of the FacilitySight platform, including our website, mobile applications, APIs, and all related services (collectively, the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

FacilitySight provides a cloud-based facility management platform that delivers real-time occupancy monitoring, analytics, reporting, and AI-driven insights for physical spaces. Our Services help organizations understand how their facilities are used and make data-driven decisions.

Core Features

• Real-Time Occupancy: Live monitoring of space utilization through integrated sensors
• Analytics & Reporting: Historical data analysis, customizable reports, and dashboards
• Forecasting: AI-powered predictions for space demand and usage patterns
• Ask FacilitySight: Natural language interface for querying facility data
• Nexus Platform: Multi-facility management and consortium capabilities

The specific features available to you depend on your subscription plan and may vary. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

To access certain features of our Services, you must register for an account. When creating your account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.

Your Responsibilities

• Account Security: You are responsible for safeguarding your password and maintaining the confidentiality of your account credentials
• Account Activity: You are responsible for all activities that occur under your account, whether or not you have authorized such activities
• Notification: You must immediately notify us of any unauthorized access to or use of your account or any other breach of security
• Access Management: You are responsible for managing access permissions for users you invite to your organization's account

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete, or if we have reason to believe your account has been compromised.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of the Services complies with all applicable laws, regulations, and third-party rights.

Prohibited Activities

You agree not to:

• Use the Services for any illegal purpose or in violation of any applicable laws or regulations
• Attempt to gain unauthorized access to our systems, other users' accounts, or any computer networks connected to our Services
• Interfere with or disrupt the integrity, security, or performance of the Services or any related systems
• Upload, transmit, or distribute any viruses, malware, or other malicious code
• Use automated scripts, bots, or scrapers to access the Services without our express written permission
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services
• Resell, sublicense, or redistribute access to the Services without authorization
• Use the Services to collect, store, or process sensitive personal information in violation of privacy laws

Access to certain features of our Services requires a paid subscription. By subscribing to a paid plan, you agree to pay all fees associated with your selected plan in accordance with these Terms.

Billing Terms

• Billing Cycle: Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan
• Automatic Renewal: Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date
• Price Changes: We may change subscription prices with 30 days' notice. Price changes will take effect at your next renewal period
• Payment Methods: We accept major credit cards and other payment methods as indicated at checkout. You authorize us to charge your payment method for all fees

Cancellation & Refunds

• You may cancel your subscription at any time through your account settings or by contacting support
• Cancellation takes effect at the end of the current billing period; you will retain access until then
• We do not provide refunds for partial billing periods or unused portions of your subscription
• Annual subscriptions cancelled within 30 days of purchase may be eligible for a prorated refund

If payment cannot be processed, we may suspend your access to paid features until payment is received. We reserve the right to terminate accounts with outstanding balances after 30 days.

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by FacilitySight, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our Rights

• FacilitySight, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of FacilitySight or its affiliates
• You may not use such marks without our prior written permission
• All other names, logos, product and service names, designs, and slogans are the trademarks of their respective owners

Your License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business purposes during your subscription term.

Feedback

If you provide us with feedback, suggestions, or ideas about the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate such feedback into the Services without any obligation to compensate you.

We recognize that your data is valuable and belongs to you. This section clarifies the rights and responsibilities regarding data processed through our Services.

Your Data

• Ownership: You retain all ownership rights to the data you submit to the Services (“Your Data”), including facility configurations, custom reports, and organizational information
• License to Us: You grant us a limited license to process, store, and display Your Data solely to provide the Services to you
• Data Portability: You may export Your Data at any time through the platform's export functionality or by contacting support

Sensor Data

Occupancy data collected through sensors deployed at your facilities is processed to generate analytics and insights. This data is aggregated and anonymized where appropriate and may be used to improve our Services and develop new features.

Aggregated Data

We may create anonymized, aggregated datasets from Your Data that cannot be used to identify you or your organization. We may use such aggregated data for research, benchmarking, and improving our Services.

The Services may contain links to third-party websites, services, or integrations that are not owned or controlled by FacilitySight. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Integrations

Our Services may integrate with third-party applications and services (such as building management systems, calendar applications, or analytics platforms). When you enable such integrations:

• You authorize us to share necessary data with the third-party service
• Your use of the third-party service is subject to that service's terms and privacy policy
• We are not responsible for the availability, accuracy, or functionality of third-party services

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Specific Disclaimers

FacilitySight, its subsidiaries, affiliates, and licensors do not warrant that:

• The Services will function uninterrupted, secure, or available at any particular time or location
• Any errors or defects will be corrected
• The Services are free of viruses or other harmful components
• The results of using the Services will meet your requirements or expectations

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FACILITYSIGHT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES.

Maximum Liability

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

You agree to defend, indemnify, and hold harmless FacilitySight, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your violation of any third party's rights, including intellectual property rights
• Any content you submit or transmit through the Services
• Your negligent or wrongful conduct

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Grounds for Termination

• Violation of these Terms or any applicable policies
• Non-payment of subscription fees after reasonable notice
• Fraudulent, illegal, or harmful activity
• Request by law enforcement or government agency
• Extended periods of inactivity
• Discontinuation or material modification of the Services

Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may retain Your Data for a reasonable period to allow you to export it. After this period, we may delete Your Data in accordance with our data retention policies.

All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising from or relating to these Terms or the Services shall be resolved through the following process:

• Informal Resolution: You agree to first attempt to resolve any dispute informally by contacting us at legal@facilitysight.io
• Binding Arbitration: If informal resolution fails after 60 days, disputes shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules
• Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

We encourage you to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and FacilitySight regarding the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

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