Network Survey Analytics Terms of Service

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1. Agreement and Acceptance

These Terms of Service ("Terms") constitute a binding legal agreement between you and Caskfive LLC, a North Carolina limited liability company ("NS Analytics," "we," "us," or "our"), governing your access to and use of the Network Survey (NS) Analytics platform and services (collectively, the "Service").

By creating an account, accessing, or using the 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.

1.1 Eligibility

You must be at least 18 years of age or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" in these Terms will refer to both you individually and the organization.

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email to the address associated with your account or through a prominent notice on the Service. Material changes will become effective 30 days after notice is provided.

Your continued use of the Service after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may cancel your Account as described in Section 17.

1.3 Regular Review

You are responsible for regularly reviewing these Terms. The "Last Updated" date at the top of this document indicates when these Terms were last modified.

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2. Definitions

For purposes of these Terms, the following definitions apply:

• "Account" means your registered user account on the Service.
• "Acceptable Use Policy" or "AUP" means our Acceptable Use Policy, which is incorporated into these Terms by reference.
• "Device" means an Android mobile device registered to your Account for the purpose of uploading User Data to the Service.
• "Device Token" means the authentication token generated by the Service to enable a Device to upload data without requiring user login.
• "Privacy Policy" means our Privacy Policy describing how we collect, use, and protect personal information, available at /privacy-policy.
• "Service" means the NS Analytics web application, APIs, and all associated features, functionality, and services provided by Caskfive LLC, accessible at analytics.networksurvey.app and related domains.
• "Subscription" means a paid subscription plan that grants access to premium features of the Service.
• "User Data" means all data uploaded to the Service by you or your registered Devices, including but not limited to cellular network data (GSM, CDMA, UMTS, LTE, 5G NR), WiFi data, Bluetooth data, GNSS location data, phone state data, and device status data.
• "You" or "User" means the individual or organization that has registered for and uses the Service.

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3. Service Description

NS Analytics is a web-based platform that provides analytics and visualization tools for cellular network survey data collected from Android devices running the Network Survey application.

3.1 Core Features

The Service is designed to offer the following core features, subject to the limitations, disclaimers, and lack of warranties described in Sections 13, 14, and 15:

• Data Upload and Storage: Secure storage of cellular, WiFi, Bluetooth, GNSS, and device status data uploaded from registered Devices on a commercially reasonable efforts basis
• Data Visualization: Interactive maps and charts for analyzing network coverage and performance which may contain errors or inaccuracies
• Device Management: Tools for registering, managing, and monitoring data collection devices
• Analytics Dashboards: Customizable dashboards for visualizing network metrics and trends provided "as is" without warranty of accuracy
• Data Export: Ability to export your User Data in machine-readable formats

These feature descriptions are not warranties. Features may be modified, limited, or unavailable at any time. See Section 20 (Modifications to Service and Terms) for our right to change features.

3.2 Subscription Tiers

The Service is available in multiple tiers:

• Free Tier: Limited features for personal use
• Standard Tier: Enhanced storage
• Professional Tier: Enhanced storage and priority support
• Enterprise Tier: Enhanced storage and dedicated support

Current features for each tier are described on our pricing page.

3.3 Service Availability

We strive to make the Service available 24/7, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. See Section 13 (Service Level and Availability) for details.

3.4 Service Evolution

We continuously improve the Service and may add, modify, or remove features. We will attempt to notify you of material changes that significantly impact your use of the Service.

3.5 Service Provided "AS IS" - No Guarantees

We specifically DO NOT guarantee:

• Functionality: That any feature will work as described, meet your requirements, or achieve any particular result
• Accuracy: That any data, analytics, calculations, visualizations, or reports will be accurate, complete, reliable, or error-free
• Availability: That the Service will be available, accessible, or uninterrupted at any particular time
• Performance: Any specific performance metrics, response times, processing speeds, or uptime percentages
• Compatibility: That the Service will be compatible with your devices, systems, or use cases
• Results: That use of the Service will achieve any particular outcome or benefit
• Error-Free: That the Service will be free from bugs, errors, defects, or vulnerabilities
• Fitness for Purpose: That the Service is suitable for any particular purpose, even if you have informed us of that purpose

This is a fundamental term of this agreement. The pricing and availability of the Service is based on this allocation of risk. If you require warranties, guarantees, or service level commitments, you must negotiate an Enterprise agreement with specific SLA terms.

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4. Account Registration and Management

4.1 Account Creation

To use the Service, you must create an Account by providing accurate and complete information. We use Firebase Authentication (provided by Google) to manage user accounts. By creating an Account, you also agree to Google's terms of service for Firebase Authentication.

4.2 Account Information Accuracy

You must provide accurate, current, and complete information during registration and maintain the accuracy of this information. You must promptly update your Account information if it changes.

Providing false, inaccurate, or misleading information may result in immediate suspension or termination of your Account.

4.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your Account
• Immediately notifying us of any unauthorized access or security breach
• Using strong, unique passwords
• Enabling two-factor authentication if available

We are not liable for any loss or damage arising from your failure to protect your account credentials.

4.4 Email Verification

You must verify your email address to activate certain features of the Service. We may send important notices to your verified email address, and you are responsible for maintaining a valid, accessible email address.

4.5 Account Sharing Prohibited

You may not share your Account credentials with others or allow others to access your Account. Each individual user must maintain their own separate Account. Violation of this provision may result in immediate Account termination without refund.

4.6 Account Termination Rights

We reserve the right to suspend or terminate your Account at any time for violation of these Terms, as described in Section 17 (Term, Suspension, and Termination).

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5. Device Registration

5.1 Device Registration Process

The Service allows you to register Android devices to upload User Data without requiring user login. Device registration is accomplished through a QR code-based authentication system.

5.2 QR Code Authentication

When you generate a registration QR code through the Service:

1. A unique Device Token is created and encoded in the QR code
2. You scan the QR code using the Network Survey Android application on your Device
3. The Device uses the Device Token to authenticate and upload data to your Account

5.3 Device Token Security

You are responsible for:

• Keeping Device Tokens secure and confidential
• Not sharing registration QR codes with unauthorized parties
• Immediately deactivating compromised Device Tokens through the Service
• Monitoring Device activity through the Service

Device Tokens grant access to upload data to your Account. Anyone with a valid Device Token can upload data to your Account. You are responsible for all data uploaded using your Device Tokens.

5.4 Device Ownership and Responsibility

You represent and warrant that:

• You own or have authorization to use all Devices registered to your Account
• You have the legal right to collect and upload data from your Devices
• Your Devices comply with all applicable laws and regulations
• You will not register Devices for illegal surveillance or unauthorized data collection

5.5 Network Data Collection Compliance

You represent and warrant that your use of Devices to collect network data complies with:

• All applicable telecommunications regulations
• Federal, state, and local laws regarding electronic surveillance and data collection
• Privacy laws including GDPR, CCPA, and other applicable data protection regulations
• Restrictions on data collection in prohibited locations (military bases, secure facilities, private property without authorization)

You agree not to use the Service for illegal surveillance or to violate any third party's privacy rights.

5.6 Device Deactivation

You may deactivate a Device at any time through the Device management interface. Deactivating a Device revokes its Device Token and prevents further data uploads. Previously uploaded data is not automatically deleted when a Device is deactivated.

5.7 Device Limits

We may impose reasonable limits on the number of Devices that can be registered to your Account, which may vary based on your Subscription plan.

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6. License Grant and Restrictions

6.1 License Grant

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 personal or internal business purposes during the term of your Subscription.

6.2 License Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any part of the Service (except to the extent such restriction is prohibited by applicable law)
• Rent, lease, sell, sublicense, or transfer your rights to the Service
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Use the Service to develop competing products or services
• Access the Service through automated means (bots, scrapers) except through documented APIs with proper authorization
• Bypass or circumvent any security measures, rate limits, or access controls
• Access or use any non-public areas of the Service without authorization
• Frame or mirror any part of the Service without our express written consent
• Probe, scan, or test the vulnerability of the Service or breach security measures

6.3 Reservation of Rights

All rights not expressly granted to you in these Terms are reserved by NS Analytics. The Service and all related intellectual property rights remain the exclusive property of Caskfive LLC.

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7. Acceptable Use

Your use of the Service must comply with our Acceptable Use Policy, which provides detailed information about prohibited activities, enforcement procedures, and consequences for violations. The Acceptable Use Policy is incorporated into these Terms by reference.

7.1 Prohibited Activities

You may not use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Collect or upload data in locations where such collection is prohibited
• Conduct illegal surveillance or violate privacy laws
• Upload malicious code, viruses, or other harmful content
• Interfere with or disrupt the Service or other users' use of the Service
• Use the Service in a manner that exceeds reasonable request volume or constitutes excessive or abusive usage

7.2 Enforcement

We reserve the right to investigate any suspected violations of these Terms and to take appropriate action, including:

• Suspending or terminating your Account
• Removing content or data
• Reporting violations to law enforcement
• Seeking legal remedies for damages

Users whose accounts are terminated for violations forfeit any remaining subscription fees and are not entitled to refunds.

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8. Data Ownership and Intellectual Property

8.1 Your Data Ownership

You retain all ownership rights in your User Data. We do not claim any ownership interest in your User Data.

8.2 License to Process Your Data

By uploading User Data to the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to:

• Store, process, and display your User Data as necessary to provide the Service
• Perform backups and ensure data redundancy for service reliability
• Display your User Data in analytics dashboards and visualizations within your Account
• Process your User Data in accordance with your instructions through the Service
• Transmit your User Data to third-party service providers as necessary to provide the Service

This license exists solely to enable us to provide the Service to you and terminates when your User Data is deleted from our systems (subject to the backup retention period described in Section 18).

8.3 No Use of Aggregate or Anonymized Data

We do not use, analyze, or create aggregate or anonymized datasets from your User Data. Your data remains private to your Account and is used solely to provide the Service to you.

The only exception is for technical diagnostic purposes necessary to maintain and improve the Service's infrastructure and performance (e.g., error logs, system performance metrics), which do not include the substance of your User Data.

8.4 NS Analytics Intellectual Property

NS Analytics retains all right, title, and interest in and to:

• The Service, including all software, code, algorithms, and architecture
• The user interface, design, and user experience
• All trademarks, service marks, logos, and branding ("NS Analytics," "Network Survey," logos, etc.)
• Documentation and training materials
• All improvements, updates, and modifications to the Service
• Analytics methodologies and data processing techniques

You may not use NS Analytics's trademarks, logos, or branding without our prior written consent.

8.5 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use such feedback without any obligation to you. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback into the Service.

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9. Subscription Plans and Pricing

9.1 Subscription Tiers

The Service offers multiple subscription plans with different features and pricing. Current subscription plans and features are described on our pricing page.

9.2 Free Tier

We may offer a free tier with limited features. We reserve the right to modify or discontinue the free tier at any time with reasonable notice.

9.3 Paid Subscriptions

Paid Subscriptions grant access to premium features as described in your selected plan. Features may include:

• Increased data storage limits
• Extended data retention periods
• Advanced analytics and reporting
• Priority support
• Additional Device registrations
• API access

The specific features available in each tier are described on our pricing page and may change over time.

9.4 Subscription Changes

You may upgrade or downgrade your Subscription at any time through your Account settings.

• Upgrades: Take effect immediately. You will be charged a prorated amount for the remainder of your current billing cycle at the new rate.
• Downgrades: Take effect at the start of the next billing cycle. You will retain access to your current tier features through the end of the current billing period.

9.5 Pricing Changes

We reserve the right to change Subscription pricing at any time. Price changes will not affect your current billing cycle. We will notify you at least 30 days before any price change takes effect for your next renewal.

Your continued use of the Service after the price change constitutes acceptance of the new pricing. If you do not accept the new pricing, you may cancel your Subscription as described in Section 17.

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10. Payment Terms and Auto-Renewal

10.1 Payment Processing

All payments are processed by Stripe, a third-party payment processor. By providing payment information, you agree to Stripe's terms of service and privacy policy, available at stripe.com.

We do not store complete payment card information on our servers. Payment information is securely stored and processed by Stripe in compliance with PCI-DSS standards.

10.2 Billing Cycles

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Your billing cycle begins on the date you purchase your Subscription and renews on the same day of each month (for monthly plans) or the same date each year (for annual plans).

10.3 Automatic Renewal - Required Disclosure

This automatic renewal continues until you cancel your Subscription. You will not receive additional reminders or authorization requests before your payment method is charged.

How to Cancel to Avoid Charges

To cancel your Subscription and prevent future automatic charges:

1. Log in to your Account at analytics.networksurvey.app
2. Go to Account Settings > Subscription
3. Click "Manage Subscription"
4. Use the Stripe customer portal to cancel your Subscription

You may also cancel by emailing support@caskfive.com.

Cancellation Deadline: You must cancel at least 24 hours before your next renewal date to avoid being charged for the next billing period.

Renewal Reminders

We will send you email reminders before automatic annual renewals:

• For annual subscriptions: 30 days before renewal
• For free trial conversions: 3 days before the trial ends and billing begins

These reminders are courtesy notices only. You are responsible for canceling before the renewal date if you do not wish to continue your Subscription.

10.4 Auto-Renewal Consent

By purchasing a paid Subscription, you expressly acknowledge and consent that:

• Your Subscription will automatically renew at the end of each billing period
• Your payment method will be automatically charged the then-current Subscription fee (plus any applicable taxes) on each renewal date
• You authorize these recurring charges until you cancel your Subscription
• You are responsible for canceling your Subscription before the renewal date if you do not want to be charged
• Cancellation takes effect at the end of your current billing period (you retain access until then)
• No refunds are provided for subscription fees already charged

10.5 Failed Payments

If a payment fails (declined card, insufficient funds, expired card, etc.):

1. We will attempt to charge your payment method again within 3-7 days
2. We will send you an email notification requesting you update your payment information
3. We may suspend your access to premium features until payment is resolved
4. If payment fails for 30 days after notice, we may downgrade your Account to the free tier or terminate your Account

You remain responsible for all unpaid fees. We may attempt to collect unpaid fees through collections agencies or legal action.

10.6 Taxes

All fees are exclusive of applicable taxes (sales tax, VAT, GST, etc.). You are responsible for paying all applicable taxes associated with your use of the Service. If we are required to collect taxes, they will be added to your invoice.

10.7 Refund Policy

All fees are non-refundable. We do not provide refunds or credits for:

• Partial billing periods (if you cancel mid-cycle)
• Unused features or capacity
• Cancellation before the end of your billing period
• Dissatisfaction with the Service
• Account termination for violations of these Terms

Exception: If we make material changes to the Service that significantly reduce functionality (as described in Section 20.2), you may cancel and receive a pro-rata refund for the unused portion of your current billing period.

You will retain access to premium features through the end of your current billing period even if you cancel your Subscription.

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11. Privacy and Data Protection

11.1 Privacy Policy

Our Privacy Policy describes how we collect, use, store, and protect your personal information and User Data. The Privacy Policy is incorporated into these Terms by reference.

You must read and agree to our Privacy Policy to use the Service.

11.2 Data We Collect

In addition to account information (name, email, password), the Service collects and stores User Data uploaded from your Devices, which may include:

• Cellular network data: GSM, CDMA, UMTS, LTE, and 5G NR cell information, signal strength, frequency, and related metrics
• WiFi data: SSID, BSSID, signal strength, frequency, and security information
• Bluetooth data: Device addresses, signal strength, and device class
• GNSS location data: Latitude, longitude, altitude, and accuracy information
• Phone state data: Network connection status, SIM information, and device state
• Device status data: Battery level, device identifiers, and timestamps

11.3 Location Data - Important Privacy Notice

By using the Service and registering Devices:

• You explicitly consent to the collection, storage, and processing of precise location data from your Devices
• You understand that location data is necessary for the core functionality of the Service (network coverage mapping and analysis)
• You acknowledge that you have authority to collect and upload location data from your Devices
• You agree to comply with all applicable privacy laws and regulations regarding location data collection
• You represent that you have obtained any necessary consents from individuals whose location data may be collected

11.4 How We Use Your Data

We use your data solely to:

• Provide, maintain, and improve the Service
• Display analytics and visualizations within your Account
• Communicate with you about your Account and the Service
• Provide customer support
• Process payments and prevent fraud
• Comply with legal obligations
• Protect the security and integrity of the Service

We do not sell, rent, or share your User Data with third parties for their marketing purposes.

11.5 Third-Party Data Sharing

We share data with third-party service providers only as necessary to provide the Service:

• Firebase (Google): User authentication
• Stripe: Payment processing
• Mapbox: Map tile rendering for visualization (location data is processed client-side in your browser)
• Cloud hosting provider: Infrastructure and data storage

These providers are contractually obligated to protect your data and use it only to provide services to us.

We may also disclose data when required by law, legal process, or to protect our rights and safety.

11.6 Your Privacy Rights

Depending on your location, you may have rights regarding your personal data under laws such as GDPR (European Union) or CCPA/CPRA (California), including:

• Access: Request a copy of your personal data
• Rectification: Correct inaccurate personal data
• Deletion: Request deletion of your personal data (see Section 18)
• Data portability: Export your data in a machine-readable format
• Objection: Object to certain processing activities
• Restriction: Restrict certain processing of your data
• Withdrawal of consent: Withdraw consent for location data collection
• Non-discrimination: Not be discriminated against for exercising privacy rights

To exercise these rights, contact us at support@caskfive.com. We will respond within the timeframes required by applicable law (typically 30-45 days).

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12. Data Security

12.1 Security Measures

We currently implement commercially reasonable technical and organizational security measures on a best efforts basis to protect your User Data against unauthorized access, disclosure, alteration, and destruction. These measures may change at any time at our discretion. Current measures include:

• Encryption in transit: All data transmitted between your devices/browser and our servers is encrypted using TLS 1.3/HTTPS
• Encryption at rest: User Data stored in our databases is encrypted using AES-256
• Access controls: Role-based access controls limit access to your data on a need-to-know basis
• Authentication: Strong authentication requirements including password complexity and optional multi-factor authentication
• Monitoring: Security monitoring, logging, and intrusion detection to identify potential threats
• Database security: PostgreSQL database hardening, network isolation, and access logging
• Regular updates: Timely security patches and updates to all systems

IMPORTANT: These security measures are described for transparency but are NOT WARRANTIES OR GUARANTEES. See Section 12.2 (Security Limitations) and Section 14.1 (Disclaimer of Warranties) for important limitations. We do not warrant that these measures will prevent all security incidents.

12.2 Security Limitations

While we implement industry-standard security measures, no system is completely secure. We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.

12.3 Your Security Responsibilities

You are responsible for:

• Maintaining the security of your account credentials and Device Tokens
• Using strong, unique passwords (minimum 12 characters, mix of letters, numbers, symbols)
• Enabling two-factor authentication if available
• Not sharing account credentials or Device Tokens
• Promptly notifying us of any suspected security breach or unauthorized access
• Keeping your devices and software updated with security patches

12.4 Security Incident Notification

In the event of a data breach that affects your User Data, we will:

• Notify you as required by applicable law, typically within 72 hours of discovering the breach
• Provide information about the nature of the breach, data affected, and steps we are taking
• Recommend steps you should take to protect yourself
• Notify appropriate regulatory authorities as required by law

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13. Service Level and Availability

13.1 Uptime Target

We strive to maintain 99.9% uptime for the Service, measured monthly. Uptime is calculated as the percentage of time the Service's core functionality (data upload, data access, visualization) is available and accessible.

This is a target, not a guarantee. We do not currently offer service level agreements (SLAs) with credits or penalties for the Free, Standard, or Professional tiers. Enterprise customers may negotiate SLAs separately.

13.2 Planned Maintenance

We will make reasonable efforts to:

• Schedule maintenance during low-traffic periods (typically nights/weekends in U.S. timezones)
• Provide at least 48 hours notice for planned maintenance via email and service status page
• Minimize the duration of maintenance windows (typically 1-4 hours)
• Communicate expected duration and impact

Emergency maintenance for security vulnerabilities or critical issues may be performed with little or no advance notice.

13.3 Third-Party Dependencies

The Service relies on third-party services and infrastructure:

• Firebase/Google Cloud (authentication, analytics)
• Stripe (payment processing)
• Mapbox (map rendering)
• Cloud hosting providers (servers, databases, storage)
• Internet service providers and content delivery networks

We are not responsible for outages, performance issues, or data breaches caused by these third-party providers.

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14. Warranties and Disclaimers

14.1 Disclaimer of Warranties

14.2 No Warranty Regarding Data Accuracy

We do not warrant the accuracy, completeness, or reliability of User Data collected by your Devices or displayed in the Service. User Data is subject to:

• Device hardware limitations and calibration errors
• Network conditions, interference, and signal propagation effects
• GPS/GNSS accuracy limitations (typically 5-10 meters, but may be worse)
• Software bugs in data collection applications
• Environmental factors (weather, buildings, terrain)
• Timing and synchronization errors
• Incomplete network information due to device or carrier limitations

You are solely responsible for:

• Verifying the accuracy of User Data for your intended purposes
• Interpreting data correctly
• Not relying on User Data for safety-critical or mission-critical purposes
• Understanding the limitations of the data collection methodology

14.3 No Professional or Expert Advice

The Service does not provide professional advice of any kind, including but not limited to:

• Engineering or technical advice
• Telecommunications or network planning advice
• Regulatory compliance advice
• Legal advice
• Financial or business advice
• Safety or risk assessment advice

We are not professionals in your field. The Service is a software tool that processes and displays data. Any insights, recommendations, patterns, or conclusions suggested by the Service are:

• Generated by automated software algorithms
• Not reviewed by human experts
• Potentially incorrect or inappropriate for your situation
• Not a substitute for professional judgment

You must consult qualified professionals before making any decisions based on Service data. We assume no responsibility for decisions you make based on Service output.

We have no duty to warn you about potential errors, misinterpretations, or inappropriate uses of the Service.

14.4 Best Efforts; No Guaranteed Results

The Service is provided on a "best efforts" basis. We will use commercially reasonable efforts to:

• Maintain Service availability
• Process and store your data
• Provide the features described in these Terms

However, we make no guarantees regarding:

• Specific performance metrics, uptime percentages, or response times
• Accuracy of any data processing, calculations, analytics, visualizations, or reports
• Achievement of any particular result or outcome
• Compatibility with your specific use case or requirements
• Error-free operation or that defects will be corrected
• That the Service will meet your expectations

"Best efforts" does not mean "guaranteed results." We do not warrant that our efforts will be successful or achieve any particular outcome.

14.5 No Warranty of Calculation or Analytics Accuracy

We do not warrant the accuracy of any:

• Statistical calculations or aggregations
• Signal strength averages or distributions
• Coverage area estimations
• Network performance metrics
• Comparative analytics or benchmarking
• Trend analysis or predictions
• Data filtering or sorting operations
• Geospatial calculations or distance measurements
• Coordinate transformations or projections
• Any mathematical operations performed by the Service

Calculation errors may occur due to:

• Software bugs or algorithmic errors
• Floating-point arithmetic limitations
• Data type overflow or underflow
• Incorrect formula implementation
• Third-party library bugs
• Database query errors
• Data synchronization issues

You are solely responsible for validating all calculations before using them for any purpose. We recommend independently verifying critical calculations using alternative tools or methods.

14.6 Beta Features

We may offer beta, experimental, preview, or "early access" features marked as such in the Service. These features are provided "AS IS" WITHOUT WARRANTY of any kind and may:

• Be incomplete, unstable, or unreliable
• Contain bugs or errors
• Change significantly or be removed without notice
• Not be supported by customer service
• Result in data loss or corruption

Use beta features at your own risk. Do not rely on beta features for production use or critical applications.

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15. Limitation of Liability

15.1 Liability Cap

15.2 Exclusion of Consequential Damages

15.3 Exceptions to Limitations

The limitations in Sections 15.1 and 15.2 do not apply to:

• Your breach of the license restrictions in Section 6 (intellectual property violations)
• Your violation of NS Analytics's intellectual property rights
• Your indemnification obligations under Section 16
• Our gross negligence or willful misconduct
• Death or personal injury caused by our negligence (to the extent such limitation is prohibited by law)
• Fraud or fraudulent misrepresentation
• Liability that cannot be limited or excluded under applicable law

15.4 User Assumes All Risk

YOU AGREE THAT:

• We have clearly disclosed the risks and limitations of the Service
• You have had the opportunity to evaluate the Service through free trials or demonstrations
• You have made an informed decision to use the Service despite these risks
• You will not hold us responsible for any negative outcomes resulting from your use
• You accept full responsibility for all consequences of your use of the Service

This risk allocation is a material part of this agreement. Without your acceptance of these risks, we would not provide the Service at the current pricing.

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16. Indemnification

16.1 Your Indemnification of NS Analytics

You agree to indemnify, defend, and hold harmless NS Analytics, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use or misuse of the Service
• Your User Data, including any claims that User Data infringes or violates third-party rights
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third-party rights, including privacy, intellectual property, or other proprietary rights
• Your Devices, Device Tokens, or data collection activities
• Your negligence or willful misconduct

This indemnification obligation survives termination of these Terms.

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17. Term, Suspension, and Termination

17.1 Term

These Terms begin when you create an Account and continue until terminated by you or NS Analytics as described in this Section.

Your Subscription term begins on the date you purchase a Subscription and continues for the billing period selected (monthly or annual), renewing automatically as described in Section 10.3 unless canceled.

17.2 Termination by You

You may terminate these Terms at any time by:

1. Canceling your Subscription (if applicable) through your Account settings or by contacting support@caskfive.com
2. Requesting deletion of your Account

Cancellation takes effect at the end of your current billing period. You will retain access to premium features through the end of the period you have paid for. No refunds will be provided for the current billing period.

17.3 Account Deletion Wait Period

When you request account deletion, your account enters a 7-day waiting period before permanent deletion. During this period:

• You cannot log in to your Account
• Your User Data is retained in our systems but not accessible to you
• Data uploads from your Devices are suspended
• If you log in within 7 days, your Account is automatically reactivated and the deletion request is canceled
• If you do not log in within 7 days, your Account and User Data are permanently deleted as described in Section 18.3

17.4 Termination by NS Analytics

We may suspend or terminate your Account immediately, without notice or refund, if:

• You materially breach these Terms
• You violate the Acceptable Use Policy (Section 7)
• You engage in fraudulent activity, payment disputes, or chargebacks we determine are invalid
• We suspect your Account has been compromised or is being used for unauthorized purposes
• Your Account has been inactive for 2 or more years (with 30 days' prior notice)
• We are required to terminate by law, court order, or legal process
• You fail to pay fees for 30 days after notice of non-payment

We may also terminate your Account for convenience with 30 days' advance notice and a pro-rata refund of prepaid fees.

17.5 Effect of Termination

Upon termination or expiration of these Terms:

• Your license to use the Service immediately terminates
• You must immediately stop using the Service and uninstall any software
• You will lose access to your Account, User Data, and all Service features
• You should export your User Data before termination or within 7 days after termination (see Section 18)
• We will delete your User Data after the retention periods specified in Section 18
• You remain responsible for all fees incurred prior to termination (no refunds except as required by law)

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18. Data Export and Deletion

18.1 Data Export

You may export your User Data at any time while your Account is active. The Service provides self-service export functionality that allows you to download your data in machine-readable formats (JSON, CSV).

Data export includes:

• All uploaded network survey data (cellular, WiFi, Bluetooth, GNSS)
• Device registrations and metadata
• Account information
• Subscription and billing history (where applicable)

You are responsible for regularly backing up your data. We are not responsible for data loss due to your failure to export data before Account deletion.

18.2 Export After Termination

After you terminate your Account or we terminate your Account, you have 7 days to request and download an export of your User Data.

To request a post-termination export:

1. Email support@caskfive.com with subject "Data Export Request"
2. Include your account email and any relevant account identifiers
3. We will verify your identity and provide download links within 7 business days

After the 7-day period, we may permanently delete your User Data and may not be able to provide an export.

18.3 Data Deletion Process

When your Account is deleted (after the 7-day wait period or immediately upon your explicit request):

1. Within 7 days: Your Account and User Data are marked for deletion and removed from our primary production systems
2. Within 90 days: Your User Data is permanently deleted from backup systems and disaster recovery archives
3. After 90 days: Your User Data is permanently and irreversibly deleted from all systems

Deletion includes:

• All User Data (cellular, WiFi, Bluetooth, GNSS, device status data)
• Account information and profile data
• Device registrations and tokens
• Analytics and visualization data

18.4 Right to Request Deletion

You may request immediate deletion of your User Data at any time by:

1. Using the Account deletion feature in Account Settings
2. Emailing support@caskfive.com with subject "Data Deletion Request"

We will process your request within 30 days, subject to the backup retention period described in Section 18.3 (90 days maximum).

18.5 Exceptions to Deletion

We may retain certain data after deletion if:

• Required by law: Tax records (7 years), financial transaction records, records subject to legal hold
• Necessary for legal defense: Data necessary to establish, exercise, or defend legal claims (retained until resolution)
• Fraud prevention: Information about fraudulent or abusive accounts (hashed identifiers, not full data) to prevent re-registration

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19. Third-Party Services

19.1 Third-Party Service Providers

The Service uses the following third-party service providers to deliver functionality:

Firebase Authentication (Google LLC)

• Purpose: User account authentication and management
• Data Shared: Email address, name, authentication credentials, IP address, device information
• Terms: Firebase Terms of Service
• Privacy Policy: Google Privacy Policy

Stripe, Inc.

• Purpose: Payment processing and subscription management
• Data Shared: Name, email, billing address, payment card information, transaction data
• Terms: Stripe Services Agreement
• Privacy Policy: Stripe Privacy Policy

Mapbox, Inc.

• Purpose: Map visualization, tile rendering, and geographic data
• Data Shared: Map queries, viewport location (processed client-side in browser)
• Terms: Mapbox Terms of Service
• Privacy Policy: Mapbox Privacy Policy

19.2 Third-Party Terms Apply

Your use of third-party services through or in connection with the Service is subject to those providers' terms of service and privacy policies. We encourage you to review them.

You must comply with third-party terms. Violations of third-party terms may result in termination of your Account even if you have not violated our Terms directly.

19.3 No Responsibility for Third Parties

NS Analytics is not responsible for:

• The availability, performance, accuracy, or reliability of third-party services
• Any changes to third-party services, features, APIs, or pricing
• Any data breaches, security incidents, or privacy violations by third-party services
• Any disputes between you and third-party service providers

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20. Modifications to Service and Terms

20.1 Service Modifications

We reserve the right to modify, update, suspend, or discontinue any feature or functionality of the Service at any time, with or without notice, for reasons including:

• Improving performance, security, or user experience
• Complying with legal or regulatory requirements
• Addressing technical or operational challenges
• Reducing costs or reallocating resources
• Responding to user feedback

We are under no obligation to provide any particular feature or functionality, even if previously offered.

20.2 Material Changes to Service

For material changes that significantly impact your use of the Service (such as removing major features or changing core functionality), we will:

• Provide at least 30 days' advance notice by email to your registered email address
• Post a notice through the Service or on our website
• Allow you to cancel your Subscription and receive a pro-rata refund for the unused portion of your current billing period

20.3 Terms Modifications

As stated in Section 1.2, we may modify these Terms at any time.

For material changes (changes that significantly affect your rights or obligations), we will:

• Post the updated Terms on our website with a new "Last Updated" date
• Send email notification to your registered email address at least 30 days before the changes become effective
• Provide a summary of material changes

Your options if you disagree with changes:

• If you do not agree to modified Terms, you must stop using the Service and may cancel your Account before the changes become effective
• Your continued use of the Service after the effective date constitutes binding acceptance of the modified Terms

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21. Dispute Resolution

21.1 Informal Resolution Requirement

Before initiating arbitration or litigation, you must first attempt to resolve any dispute informally.

To initiate informal resolution:

1. Send a written notice to support@caskfive.com with subject "Legal Dispute Notice"
2. Include your name, Account email, description of the dispute, desired resolution, and supporting facts
3. Provide sufficient detail for us to understand and investigate the dispute

We will:

• Acknowledge receipt within 5 business days
• Investigate the dispute
• Attempt to resolve the dispute through good-faith negotiation
• Respond with our position and proposed resolution within 60 days

You agree to negotiate in good faith during this 60-day period. Either party may terminate negotiations and proceed to arbitration after 60 days.

21.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with NS Analytics shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

The Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration agreement.

21.3 Class Action Waiver

Unless both parties expressly agree otherwise in writing:

• The arbitrator may not consolidate more than one party's claims
• The arbitrator may not preside over any form of class, consolidated, or representative proceeding
• The arbitrator may not award relief to anyone other than you individually
• You may not participate as a class member in a class action against NS Analytics

21.4 Opt-Out of Arbitration

You may opt out of this arbitration agreement by following these steps:

1. Send written notice to support@caskfive.com within 30 days of first accepting these Terms
2. Include in the notice:
   • Subject line: "Arbitration Opt-Out"
   • Your full name
   • Your Account email address
   • Clear statement: "I opt out of the arbitration agreement in the Terms of Service"
3. Send from the email address associated with your Account

If you timely opt out:

• Sections 21.2-21.3 (arbitration provisions) will not apply to you
• Disputes will be resolved exclusively in courts as described in Section 22
• All other Terms remain in full effect
• You may not opt out after the 30-day period

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22. Governing Law and Jurisdiction

22.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Service (whether contractual, tortious, statutory, or otherwise) shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.

Not governed by:

• United Nations Convention on Contracts for the International Sale of Goods (explicitly excluded)
• Uniform Computer Information Transactions Act (UCITA) (explicitly excluded)

22.2 Jurisdiction and Venue for Court Proceedings

For disputes not subject to arbitration (including if you opt out of arbitration under Section 21.4, or if the arbitration agreement is found invalid), you agree that:

• Exclusive jurisdiction and venue shall be in the state and federal courts located in the county where NS Analytics's principal office is located in North Carolina
• You consent to personal jurisdiction in these courts
• You waive any objection to venue in these courts
• You waive any claim that these courts are an inconvenient forum

22.3 Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND NS ANALYTICS WAIVE ANY RIGHT TO A JURY TRIAL IN ANY COURT PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

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23. General Provisions

23.1 Entire Agreement

These Terms, together with:

• Our Privacy Policy
• Our Acceptable Use Policy
• Any other policies referenced herein

constitute the entire agreement between you and NS Analytics regarding the Service and supersede all prior or contemporaneous agreements, understandings, communications, and proposals (whether oral, written, or electronic) between you and NS Analytics.

23.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator, the remaining provisions will remain in full force and effect to the maximum extent possible.

23.3 Assignment

You may not assign these Terms or your Account without our prior written consent. Any attempted assignment in violation of this section is null and void.

We may assign these Terms, in whole or in part, to any third party without your consent or notice, including in connection with a merger, acquisition, consolidation, sale of assets, or corporate reorganization.

23.4 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and NS Analytics (and our respective permitted successors and assigns). These Terms do not create any third-party beneficiary rights.

23.5 Force Majeure

NS Analytics will not be liable for any delay or failure to perform any obligation under these Terms if the delay or failure is due to events beyond our reasonable control, including natural disasters, acts of war, terrorism, government actions, internet failures, strikes, or cyberattacks.

23.6 Export Control and Sanctions Compliance

The Service, and the transmission of data through the Service, may be subject to export control laws and economic sanctions laws of the United States and other jurisdictions.

You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions
• You are not listed on any U.S. government list of prohibited or restricted parties
• You will not use the Service in violation of any export control or sanctions laws

23.7 Electronic Communications

You consent to electronic communications:

• You agree to receive electronic communications from us, including emails, notifications, and postings on our website
• You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing
• You agree that your electronic acceptance of these Terms constitutes a legally binding signature

23.8 Notices

Notices to you:

We may provide notices to you:

• By email to your registered email address (deemed received when sent)
• By posting on the Service or our website (deemed received upon posting)

You are responsible for maintaining a current email address and checking your email regularly.

Notices to us:

You must send legal notices to:

• Email: support@caskfive.com (with subject "Legal Notice")
• Mail: Caskfive LLC, North Carolina

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24. Contact Information

24.1 Customer Support

For questions about the Service, your Account, billing, or general support:

• Email: support@caskfive.com
• Response Time: We aim to respond within 2-3 business days (priority support for Professional and Enterprise tiers)

24.2 Legal Notices and Disputes

For legal notices required under these Terms (dispute notices, copyright infringement claims, subpoenas):

• Email: support@caskfive.com (with subject "Legal Notice")
• Mailing Address: Caskfive LLC, North Carolina

24.3 Privacy and Data Protection Inquiries

For privacy-related questions, data subject rights requests (access, deletion, portability), or GDPR/CCPA inquiries:

• Email: support@caskfive.com (with subject "Privacy Request")

We will respond to data subject rights requests within the timeframes required by law (typically 30-45 days).

24.4 Security Vulnerability Reports

For responsible disclosure of security vulnerabilities:

• Email: support@caskfive.com (with subject "Security Vulnerability")
• Please provide detailed information to help us reproduce and fix the issue
• Do not publicly disclose vulnerabilities before we have had reasonable time to address them

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Acknowledgment and Acceptance

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

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Effective Date: November 18, 2025
Caskfive LLC
NS Analytics
analytics.networksurvey.app