Terms of Service

These Terms of Service ("Terms") are a binding agreement between Earthmover ("Earthmover", "we", "us") and the company or individual that creates an organization on the Service ("Customer", "you"). By creating an account, creating or joining an organization, or otherwise using Earthmover (the "Service"), you agree to these Terms and to our Privacy Policy.

If you accept on behalf of a company, you represent that you have authority to bind it. If you were invited into an organization by your employer, your employer is the Customer and these Terms govern your use of the Service on its behalf.

Earthmover is cloud-based field-operations software for excavating and site-work contractors: crew and equipment scheduling, GPS-verified time tracking, daily reports and safety records, job costing, bids, and related tools. We may add, change, or retire features over time; we will not materially reduce core functionality during a paid term without notice.

You must provide accurate information when creating an account and keep it current. You are responsible for safeguarding your login credentials and for all activity under your account.

The user who creates an organization becomes its owner. Owners and administrators control who is invited, what role each member holds, and what data members can see. The Customer is responsible for its members' use of the Service and for promptly removing access for people who leave.

Earthmover is currently offered free of charge during its early-access period. When paid subscriptions are introduced, we will notify organization owners by email at least 30 days in advance. Continued use after that date will require an active paid subscription under the pricing then published on our site.

Once subscriptions apply: fees are billed in advance for each billing period and are non-refundable except where required by law; you may cancel at any time and cancellation takes effect at the end of the current billing period; we may suspend access for non-payment after reasonable notice; and prices may change with at least 30 days' notice before your next billing period.

"Customer Data" is everything you and your members enter into or upload to the Service — projects, time entries, GPS clock-in/out points, daily reports, photos, documents, equipment records, bids, and employee records such as pay rates, licenses, certifications, and emergency contacts.

You own your Customer Data. You grant us a limited license to host, process, transmit, and display it solely to provide, secure, support, and improve the Service. We will not sell Customer Data or use it to build profiles of your employees.

You are the controller; we are the processor. As between the parties, the Customer decides what Customer Data is collected and why. The Customer represents and warrants that it has all rights, consents, and lawful bases needed to enter Customer Data into the Service, and in particular that it has given its employees any notice — and obtained any consent — required by applicable law before collecting their location at clock-in and clock-out (including, where applicable, employee-monitoring notice statutes such as those in Connecticut, Delaware, New Jersey, and New York). The Customer is solely responsible for its own wage-and-hour, payroll, prevailing-wage, and safety compliance; the Service is a tool, not legal or accounting advice.

Audit records. The Service keeps an immutable audit log of changes to sensitive records (time, pay, budgets). These records exist to protect the Customer and its employees and are retained for the life of the organization.

You agree not to:

• Use the Service for any unlawful purpose or in violation of another person's rights
• Attempt to access another organization's data or any part of the Service you are not authorized to use
• Probe, scan, overload, or interfere with the Service or its infrastructure
• Upload malicious code or content you do not have the right to share
• Resell, sublicense, or provide the Service to third parties, or use it to build a competing product
• Use automated means to extract data beyond the export features we provide

The Service relies on infrastructure and service providers acting on our instructions. Today these are:

• Clerk — authentication, user accounts, and organization membership
• Convex — application database, file storage, and backend hosting
• Vercel — web hosting and cookieless site analytics
• Resend — transactional email delivery (invites, notifications)
• Anthropic — optional AI features — only the data you choose to analyze is sent
• Sentry — error monitoring — error reports include the account email and device details
• Open-Meteo — weather autofill on daily reports — receives job-site coordinates
• OpenStreetMap / Nominatim — turning job-site addresses into map coordinates

Optional features that call third-party services (for example weather autofill or AI parsing) send only the data needed for that feature. When paid subscriptions launch, payments will be processed by Stripe and we will not store full card numbers.

We work to keep the Service available around the clock but do not guarantee uninterrupted or error-free operation. We may perform maintenance, with advance notice where practical. Support is provided through our contact page.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARTHMOVER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT GPS READINGS, COST CALCULATIONS, OR REPORTS WILL BE ACCURATE OR COMPLETE; THE CUSTOMER REMAINS RESPONSIBLE FOR VERIFYING PAYROLL AND FINANCIAL RECORDS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF THESE TERMS OR THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS. THESE LIMITS DO NOT APPLY TO A PARTY'S INDEMNIFICATION OBLIGATIONS OR TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

The Customer will defend and indemnify Earthmover against third-party claims — including claims by the Customer's employees — arising from Customer Data, the Customer's use of the Service in violation of these Terms or applicable law, or the Customer's failure to provide legally required notices to its workers. We will defend and indemnify the Customer against third-party claims that the Service, as provided by us, infringes a U.S. patent, copyright, or trademark.

You may stop using the Service or delete your organization at any time. We may suspend or terminate access for a material breach of these Terms, for non-payment once subscriptions apply, or where required by law, with notice where practical.

For 30 days after termination or closure you may request an export of your Customer Data. After that window we may delete it, except for records we must keep by law and for de-identified operational data. Sections 5, 9, 10, 11, 12, and 14 survive termination.

We may update these Terms. For material changes we will notify organization owners by email or in the Service at least 14 days before they take effect. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service and request an export.

These Terms are governed by the laws of the state in which Earthmover is organized, without regard to its conflict-of-law rules. The parties will try in good faith to resolve any dispute informally for 30 days before starting a proceeding. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Questions about these Terms? Reach out through our contact page.