Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of SiteCAD and related services (the "Service") provided by Digithought LLC ("Company", "we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

Your Three Agreements

SiteCAD layers its legal agreements to match how you use the Service. The further you go, the more you agree to — but you only take on each obligation when you take the corresponding action:

1. Use — Simply loading the application binds you to these Terms and our Privacy Policy. No account is required for local-only use.
2. Register — Creating an account records your explicit acceptance of these Terms and the Privacy Policy (the "Account Agreement") and enables cloud sync, AI features, and team collaboration.
3. Publish — Sharing content to the Community Library or as a public link requires separate acceptance of the Community Library Terms below, which include a specific license grant from you to us and to other users.

Description of Service

SiteCAD is a web-based development platform, sandbox, and community for site planning, terrain visualization, parametric modeling, and infrastructure design. It provides primitives (traces, boundaries, solids, terrain layers, operations scripts, entity templates, published viewers, community libraries) from which you build your own compliant solutions. The Service includes:

• The SiteCAD web application
• Cloud synchronization and storage (for registered users)
• AI-assisted design features
• Export and import capabilities
• Community library access
• API access (where applicable to your subscription tier)

The Service is not a certified engineering, surveying, legal, accounting, or regulatory-compliance system. We do not review, approve, stamp, certify, or warrant the regulatory fitness of anything you produce with it. See Your Compliance Responsibility below.

Your Compliance Responsibility

You are solely responsible for the lawfulness, accuracy, and regulatory compliance of every design, plan, calculation, export, report, published site, and constructed outcome produced with the Service. We provide a flexible toolkit; you are the professional, owner, or operator who decides what is safe, legal, and fit for purpose in your jurisdiction.

This responsibility includes, without limitation:

• Laws, codes, and regulations — federal, state, provincial, tribal, local, and international laws; building, fire, plumbing, electrical, and mechanical codes; zoning and land-use ordinances; environmental, stormwater, wetlands, and endangered-species laws; accessibility standards; agricultural, conservation, and water-rights regulations.
• Permits and approvals — obtaining all required planning, building, grading, stormwater, environmental, HOA, right-of-way, easement, and utility approvals before relying on any SiteCAD output for construction.
• Professional licensure — any work product that your jurisdiction requires to be prepared, reviewed, stamped, or sealed by a licensed engineer, surveyor, architect, landscape architect, CPA, attorney, or other licensed professional must be handled by such a professional, regardless of whether the Service can produce a similar artifact.
• Independent verification — SiteCAD outputs (including terrain data, imagery, earthwork quantities, hydrology calculations, setback envelopes, NRCS practice parameters, accounting entries, and AI-generated content) are approximations to be independently verified against authoritative sources (official surveys, geotechnical reports, adopted codes, FOTG standards, CPA review, etc.) before use.
• Data accuracy — the correctness of any data you import, enter, or receive from third-party sources (including the terrain and imagery providers listed under Third-Party Services below, GeoTIFFs, community-library content, and AI output) and the correctness of any conclusions drawn from that data.
• Privacy and contractual compliance — honoring the privacy rights of third parties depicted in your scenes, complying with client and employer contractual obligations, and respecting NDAs, HOA governing documents, and conservation-easement terms.
• Published content — ensuring content you publish to the Community Library, as a shareable link, or as an embedded viewer complies with the above (see the Community Library Terms).

Community-library content, featured examples, tutorials, documentation, and AI suggestions reflect generic good-practice starting points only. They are not jurisdiction- specific legal, engineering, or professional advice, and using them does not transfer any compliance responsibility to us or to the contributor.

Accounts and Registration

Account Creation

You may use certain features of the Service without creating an account. To access cloud sync, team features, and premium capabilities, you must register for an account.

• You must provide accurate and complete registration information
• You are responsible for maintaining the security of your account credentials
• You must be at least 16 years old to create an account
• One person may not maintain more than one free account

Account Responsibilities

You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Subscriptions and Payments

Subscription Plans

The Service offers both free and paid subscription tiers. Features available at each tier are described on our Pricing page.

Payment Terms

• Paid subscriptions are billed in advance on a monthly or annual basis
• Subscription fees are non-refundable except as required by law
• We may change subscription pricing with 30 days' notice
• Price changes do not affect current billing periods

Cancellation

You may cancel your subscription at any time. Your access to paid features continues until the end of your current billing period. After cancellation, your account reverts to the free tier with its associated limits.

User Content

Your Content

"User Content" means any data, files, designs, parameters, scripts, or other content you create, upload, or store using the Service. This includes site data, terrain layers, solid definitions, operations scripts, entity templates, and exported files.

• You retain all ownership rights to your User Content.
• You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, back up, and display your User Content solely as necessary to provide the Service to you and the collaborators you authorize. This license ends when you delete the content, except where retention is required by law or to complete transactions already in progress.
• You are responsible for the legality and appropriateness of your User Content.
• We do not claim authorship of your designs, and we do not use your private User Content to train AI or machine-learning models.

Content Restrictions

You agree not to upload, publish, or transmit content that:

• Infringes intellectual property rights of others
• Contains malicious code or is designed to harm the Service
• Is unlawful, threatening, defamatory, or obscene
• Impersonates another person or entity

Community Library Terms

These Community Library Terms apply only when you choose to publish content — to the Community Library, as a public shareable link, or as a viewer-embedded site ("Published Content"). They are in addition to the rest of these Terms and are accepted separately before your first publish.

Why publishing is separate

Publishing is fundamentally different from private use: it exposes your content to people outside your account and requires us (and other users, for Community Library content) to redistribute it. The license you grant below is scoped tightly to that purpose.

License grant for Published Content

By publishing content, you grant Digithought LLC a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt for technical compatibility, publicly display, and distribute that Published Content through the Service, including in the embedded viewer and any Community Library interfaces. This license lasts for as long as the content remains published and for a reasonable period afterwards to allow cached copies, backups, and downstream derivatives to wind down.

Community Library publishing — downstream license to other users. When you publish to the Community Library (as opposed to a private shareable link), you also grant every other SiteCAD user a non-exclusive, royalty-free license to view, download, use, modify, and incorporate the Published Content in their own SiteCAD sites and derivative works, subject to these Terms and any additional license tag you attach to the publication (for example, attribution-required or non-commercial markers, when supported). You may remove your Published Content from the Community Library at any time, but copies already downloaded or incorporated by others may continue to be used under the license you granted at the time of download.

Your warranties for Published Content

When you publish, you represent and warrant that:

• You own the Published Content, or you have all rights and permissions necessary to grant the licenses above.
• The Published Content does not infringe any third party's intellectual property, privacy, publicity, or other rights.
• The Published Content does not contain personal data of others without a lawful basis, and does not reveal sensitive location information (for example, precise coordinates of a private home) that the depicted party has not consented to sharing.
• The Published Content complies with the Content Restrictions above and with applicable law.
• The Published Content is not presented as certified, stamped, or sealed professional work product, and any viewer, downloader, or downstream user must still perform their own compliance review before relying on it for permitting, construction, financial, or other real-world decisions.

Moderation, takedown, and unpublishing

• We may remove, restrict, or unpublish any Published Content that we reasonably believe violates these Terms, infringes third-party rights, or creates legal risk for us or other users.
• We honor takedown notices under the Digital Millennium Copyright Act (DMCA) and comparable international frameworks. Notices may be sent to legal@sitecad.com.
• You can unpublish your own content at any time from the Share & Publish dialog. Unpublishing removes the content from the Community Library and disables public links, subject to the cache/backup wind-down noted above.

Viewer analytics, feedback, and branding on Published sites

When you publish a site as a shareable viewer, end visitors may be counted in aggregate view and engagement statistics that we provide back to you, and they may submit feedback tied to your site. By publishing, you accept responsibility for how any such feedback and visitor interactions on your site are used, including honoring any applicable privacy disclosures to your own audience. See the Privacy Policy for details on what we collect in viewer sessions.

Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Use, represent, or distribute Service outputs as if they were certified, stamped, or sealed professional work product, or in any other way that bypasses your compliance responsibility
• Attempt to gain unauthorized access to the Service or its systems
• Interfere with or disrupt the Service or servers connected to it
• Use automated systems to access the Service beyond provided APIs
• Reverse engineer or attempt to derive source code from the Service
• Resell or redistribute the Service without authorization
• Use the AI assistant to generate content that violates these Terms
• Circumvent usage limits or quotas

Intellectual Property

Our Rights

The Service, including its software, design, features, and documentation, is owned by Digithought LLC and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks, logos, or brand features.

Open Source Components

The Service incorporates open source software components. These components are subject to their respective licenses, which are available in the application.

Third-Party Services

The Service integrates with third-party services including:

• Cesium Ion: For terrain data, and as the delivery mechanism for Bing Maps, Google Maps, and Sentinel-2 imagery
• Bing Maps (Microsoft): For aerial and road imagery, accessed via Cesium Ion
• Google Maps: For satellite, roadmap, and contour imagery, accessed via Cesium Ion
• Sentinel-2 cloudless (EOX IT Services GmbH): For cloud-free satellite imagery derived from modified Copernicus Sentinel data, accessed via Cesium Ion
• Esri (ArcGIS): For ArcGIS World Imagery, ArcGIS World Hillshade, and Esri World Ocean base imagery, accessed directly
• USDA/USGS NAIP: For public-domain aerial imagery of the continental United States, accessed directly
• Payment processors: For subscription billing
• LLM providers: For AI assistant features

Use of Bing Maps aerial imagery is subject to Microsoft's Bing Maps terms of use and print rights. Use of Google Maps imagery is subject to Google Maps Platform's terms of use. Use of Esri/ArcGIS imagery is subject to Esri's terms of use.

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party service availability or content.

Disclaimers

Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Professional Advice & Regulatory Compliance Disclaimer

SiteCAD is a development platform and sandbox — not a source of professional engineering, surveying, architectural, landscape-architecture, legal, accounting, construction, conservation, agricultural, or regulatory-compliance advice. Nothing the Service produces — including terrain data, design geometry, earthwork quantities, stormwater calculations, setback envelopes, plant schedules, NRCS practice parameters, accounting entries, agent-drafted artifacts, and AI suggestions — constitutes a certified, stamped, or sealed professional work product.

You must have all outputs reviewed, verified, and (where required) stamped or sealed by appropriately licensed professionals in the relevant jurisdiction before using them for permitting, construction, legal filings, financial reporting, or any other real-world decision. We do not assume, and disclaim to the fullest extent permitted by law, any responsibility for compliance determinations, code interpretations, code changes, permit outcomes, construction safety, environmental impact, or professional-practice adherence connected to your use of the Service. See Your Compliance Responsibility for the full allocation of responsibility.

AI Assistant & Agent Disclaimer

SiteCAD includes AI features that operate in two modes: Assistant (chat-based suggestions and explanations) and Agent (AI-initiated actions in your site — for example, creating, editing, or deleting entities, running operations, or modifying terrain).

• AI output is not professional advice. AI-generated designs, calculations, and suggestions may be inaccurate, incomplete, or non-compliant with applicable codes. Always review AI output before relying on it.
• Agent actions are your actions. When you authorize the agent to modify your site — through direct prompts, agent-initiated runs, or pre-approved tool scopes — the resulting changes are treated as User Content you created. Our undo system and scenario branching are there to help you review and roll back agent work; you are responsible for reviewing agent-made changes before publishing, exporting, or acting on them in the physical world.
• Prompts may be processed by third-party LLM providers. Agent and assistant prompts, along with the minimum context required to answer them, are transmitted to third-party model providers. Do not include information you are not authorized to share with those providers. See the Privacy Policy for provider details and data handling.
• No guarantee of availability, cost, or model behavior. We may change which models power the AI, adjust usage budgets and quotas, or disable AI features entirely. AI budget consumption is not refundable.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIGITHOUGHT LLC BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, data, use, or goodwill
• Service interruption or inability to access the Service
• Any matter beyond our reasonable control

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Indemnification

You agree to indemnify and hold harmless Digithought LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms.

Termination

We may terminate or suspend your access to the Service immediately, without prior notice, for any breach of these Terms. Upon termination:

• Your right to use the Service immediately ceases
• You may export your data before termination takes effect (where possible)
• We may delete your data after a reasonable retention period
• Sections that by their nature should survive will continue to apply

Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict of law principles.

Informal Resolution

Before filing any formal dispute, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

Arbitration

Any disputes not resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. You may opt out of arbitration by notifying us in writing within 30 days of first using the Service.

Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes through the Service or via email. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Digithought LLC regarding the Service.
• Severability: If any provision is found unenforceable, the remaining provisions continue in effect.
• No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms. We may assign our rights to any successor entity.

Contact Us

If you have questions about these Terms, contact us at: