END USER LICENSE AGREEMENT
Effective Date: July 6, 2026
IMPORTANT- READ CAREFULLY.
This End User License Agreement ("Agreement") governs the use of the PileTrac Logger application (the "App") for Apple IOS or Google Android operating systems between you, the user, and the App Developer. This Agreement grants you a limited, non-exclusive, non-transferable license to download and use the App solely for its intended purpose. By downloading, installing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree, do not use the App.
1. Description of Service
The App is a tool designed to assist in monitoring pile driving operations by using audio analysis to estimate hammer impact timing and calculate the stroke height. The App allows the user to input project data, record blow counts, and generate PDF reports.
2. Disclaimer of Accuracy & "As-Is" Provision
2.1 Technical Limitations: The App relies on microphone input and acoustic signatures to detect hammer impacts. By using the App, you acknowledge that the accuracy of the App's assessments can be significantly affected by environmental noise, hardware quality, atmospheric conditions, and physical distance from the hammer.
2.2 Not a Primary Measurement Tool: The data provided by the App is for informational and supplemental purposes only
. Any and all data produced by the App should not be used as the primary or sole method for determining pile capacity, stroke height, or structural integrity.
2.3 Verification Required: All measurements generated by the App should be independently verified using physical markings (i.e., foot-interval marks) or manufacturer-certified instrumentation.
3. High-Risk Activity & Safety Warning
3.1 Dangerous Environments: Use of this App typically occurs on active construction sites. You are solely responsible for your own safety and the safety of those around you.
3.2 Distraction Hazard: Do not allow the use of the App to distract you from following site safety protocols or monitoring heavy machinery.
3.3 No Safety Guarantee: This App is not a safety device. It is not designed to detect equipment failure or hazardous structural conditions.
4. Fees & Billing
4.1 Purchase Requirement: The App includes two free trial uses. After all free trials have been exhausted, a one-time purchase is required to unlock full access to the App. Payment is charged at the time of purchase, and the license remains valid for the version of the App purchased, subject to the terms of this Agreement.
4.2 App Store Billing: All payments are processed through Apple App Store or Google Play Store and are subject to their respective terms and conditions. These third-party platforms are responsible for processing payments and maintaining your payment information. We do not collect or store your payment information.
4.3 No Recurring Charges: The one-time purchase does not automatically renew, and no recurring subscription fees will be charged.
4.4 Refunds: Any requests for refunds are handled solely by the Apple App Store or Google Play Store in accordance with their applicable refund policies.
5. Privacy & Data Usage
5.1 Microphone Access: The App requires access to your device's microphone to perform its core function (detecting hammer blows). Audio is processed locally in real-time and is not recorded, stored, or transmitted to any external server.
5.2 Data Storage: Project data and logs are stored locally on your device. You are responsible for backing up your data and exports. The App does not have access to your project files.
5.3 Permissions: The App may require "Wakelock" permissions to prevent the screen from dimming during recording sessions to ensure continuous monitoring.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DEVELOPERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE APP, INCLUDING BUT NOT LIMITED TO:
- ERRORS IN CONSTRUCTION DATA.
- STRUCTURAL FAILURES OR PROJECT DELAYS.
- LOSS OF DATA OR FINANCIAL LOSS.
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM SITE DISTRACTIONS OR RELIANCE ON APP DATA.
7. User Obligations
By using the App, you represent that:
- You are a professional or student in the engineering or construction field with the expertise to interpret the App's output.
- You will use the App in compliance with all local, state, and federal regulations regarding construction site monitoring.
- You will not attempt to reverse engineer, decompile, or bypass any logic within the App.
8. Termination
We reserve the right to suspend or terminate your access to the App at any time for violations of this Agreement or misuse that could result in harm, legal exposure, or improper reliance on App data.
Upon termination, your right to use the App will immediately cease. Termination does not entitle you to a refund of the one-time purchase price, except where required by applicable law or the Apple App Store or Google Play Store refund policies.
9. No Warranty
The App is provided "AS IS" and "AS AVAILABLE" without any warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose.
10. Intellectual Property
All code, algorithms, UI designs, and branding (including the name "PileTrac Logger") are the exclusive property of the App Developer. No right, title, or interest is transferred to the user beyond the limited right to use the App for its intended purpose.
11. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas, United States, without regard to its conflict-of-law principles and applies regardless of your country or place of residence.
The exclusive jurisdiction and venue for any legal action arising out of or relating to this Agreement shall be in the courts located in Johnson County, Kansas, or the United States District Court for the District of Kansas, and the parties hereby consent to the personal jurisdiction of such courts.
Nothing in this Agreement shall limit any mandatory consumer rights that cannot be waived under applicable law.
12. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13. Entire Agreement
This Agreement constitutes the entire agreement between you and the App Developer regarding the use of the App and supersedes any prior or contemporaneous understandings or representations, whether written or oral.
14. Changes to Terms
We reserve the right to modify this Agreement at any time. Continued use of the App following any changes constitutes acceptance of the new terms.
15. Contact Information
If you have questions regarding this Agreement or the App's functionality, please contact info@ftandc.com