UndergroundIQ

Terms of Service

Last Updated: December 3, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and UndergroundIQ ("Company," "we," "us," or "our") concerning your access to and use of our 811 ticket management platform and related services (the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.

3. Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. By using the Service, you represent and warrant that you meet these requirements.

4. Account Registration

To access certain features of the Service, you must create an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your information to keep it accurate and current
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account

5. License and Access

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

This license does not include any right to: (a) resell or commercially exploit the Service; (b) modify, adapt, or create derivative works; (c) reverse engineer or decompile the Service; or (d) access the Service to build a competitive product or service.

6. Subscription and Payment

6.1 Subscription Plans

We offer various subscription plans with different features and pricing. By subscribing, you agree to pay the fees associated with your selected plan.

6.2 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). You authorize us to charge your payment method on the renewal date.

6.3 Price Changes

We may change our subscription fees at any time. We will provide you with reasonable advance notice of any fee changes, and the changes will apply to your next billing cycle.

6.4 Cancellation and Refunds

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. We do not provide refunds for partial subscription periods, except as required by law.

7. User Content

7.1 Your Content

You retain ownership of all content you upload, submit, or transmit through the Service ("User Content"). By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and display your User Content solely to provide and improve the Service.

7.2 Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

  • You own or have the necessary rights to your User Content
  • Your User Content does not violate any laws or third-party rights
  • Your User Content does not contain malicious code or harmful content

8. Prohibited Conduct

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any part of the Service
  • Use automated systems (bots, scrapers) to access the Service
  • Transmit viruses, malware, or other harmful code
  • Harass, abuse, or harm other users
  • Impersonate any person or entity
  • Collect or harvest information about other users
  • Use the Service to send spam or unsolicited communications

9. Intellectual Property

The Service and its entire contents, features, and functionality (including but not limited to all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement) are owned by UndergroundIQ and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks and trade dress may not be used without our prior written permission.

10. Third-Party Services

The Service may integrate with or contain links to third-party services (including Blue Stakes of Utah). We are not responsible for the content, accuracy, or practices of third-party services. Your use of third-party services is governed by their respective terms and policies.

11. Limitation of Service Scope and Utility Strike Disclaimer

11.1 Nature of Service

THE SERVICE IS A TICKET MANAGEMENT AND DOCUMENTATION PLATFORM ONLY. UndergroundIQ provides software tools to help organize, track, and document 811 ticket information and related excavation activities. The Service does not provide excavation services, utility location services, engineering services, safety consulting, or compliance advice.

11.2 No Guarantee Against Utility Strikes

UNDERGROUNDIQ MAKES NO GUARANTEE, REPRESENTATION, OR WARRANTY THAT USE OF THE SERVICE WILL PREVENT UTILITY STRIKES, PROPERTY DAMAGE, PERSONAL INJURY, OR ANY OTHER INCIDENT RELATED TO EXCAVATION ACTIVITIES. The prevention of utility strikes depends on numerous factors entirely outside of our control, including but not limited to: the accuracy of utility markings, the accuracy of ticket information provided by third parties, proper field procedures, crew training, soil conditions, equipment operation, and compliance with applicable laws and regulations.

11.3 User Responsibility

YOU ACKNOWLEDGE AND AGREE THAT:

  • You are solely responsible for all excavation activities, site safety, and compliance with applicable laws and regulations
  • You are responsible for verifying the accuracy and completeness of all ticket information before excavating
  • You are responsible for ensuring proper utility markings are present and accurate before excavating
  • You are responsible for following all required excavation procedures, including hand-digging requirements and tolerance zones
  • You are responsible for maintaining adequate insurance coverage for your excavation activities
  • The Service is a tool to assist with documentation and organization only and does not replace professional judgment, training, or compliance with safety standards

11.4 No Liability for Excavation-Related Incidents

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDERGROUNDIQ EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGES, INJURIES, LOSSES, CLAIMS, OR EXPENSES ARISING FROM OR RELATED TO:

  • Utility strikes or damage to underground facilities
  • Property damage resulting from excavation activities
  • Personal injury or death resulting from excavation activities
  • Service interruptions caused by utility strikes
  • Fines, penalties, or legal fees resulting from excavation incidents
  • Lost profits, business interruption, or project delays
  • Inaccurate, incomplete, or untimely ticket information provided by third parties
  • Your reliance on information provided through the Service

11.5 Information Accuracy

While we strive to provide accurate and up-to-date ticket information through our integration with Blue Stakes and facility operators, we do not guarantee the accuracy, completeness, or timeliness of any information provided through the Service. Ticket information originates from third-party sources over which we have no control. You acknowledge that you must independently verify all information before relying on it for excavation decisions.

11.6 Not a Substitute for Compliance

The Service is not a substitute for compliance with applicable federal, state, and local laws and regulations governing excavation activities, including but not limited to Utah Code Ann. § 54-8a (Underground Facilities Damage Prevention Act). You remain solely responsible for understanding and complying with all applicable legal requirements.

12. Disclaimer of Warranties

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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

While we implement industry-standard security practices and strive to provide a reliable service, we do not warrant that:

  • The Service will function uninterrupted or be completely error-free
  • All defects will be corrected immediately
  • The Service will be immune to all security threats or unauthorized access
  • The results of using the Service will meet all of your specific requirements

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDERGROUNDIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14. Indemnification

You agree to indemnify, defend, and hold harmless UndergroundIQ, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

15. Service Availability

We may modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

16. Termination

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

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Governing Law and Dispute Resolution

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

Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and UndergroundIQ regarding the Service and supersede all prior agreements and understandings.

20. Contact Information

If you have any questions about these Terms, please contact us:

UndergroundIQ

Email: support@underground-iq.com