Terms of Service

Effective date: July 14, 2026

These Terms of Service ("Terms") govern access to and use of the NDUSTRA platform, applications, and related services (the "Service") provided by NDUSTRA ("NDUSTRA," "we," "us"). By accessing or using the Service, you agree to these Terms on behalf of yourself and, if applicable, the company or organization you represent ("Customer").

1. The Service

NDUSTRA is a field management platform for industrial and construction businesses, including modules for workforce management, project controls, estimating, safety, procurement, fleet, and related functions. The Service is provided on a subscription basis under the plan selected by the Customer.

2. Accounts and Access

Customers are responsible for maintaining the confidentiality of account credentials and for all activity under their accounts. Each user login is for a single named individual and may not be shared. Customer administrators control which users have access to the Customer's data within the Service and are responsible for provisioning and deprovisioning users promptly.

3. Customer Data

All data submitted to the Service by or on behalf of a Customer ("Customer Data") remains the property of the Customer. NDUSTRA processes Customer Data solely to provide and support the Service, as described in our Privacy Policy. NDUSTRA does not sell Customer Data. The Customer represents that it has the rights and consents necessary to submit Customer Data — including employee and workforce information — to the Service.

4. Third-Party Integrations

The Service can connect to third-party services at the Customer's direction, such as QuickBooks Online and other accounting, payroll, or business systems. By enabling an integration, the Customer authorizes NDUSTRA to exchange data with that third-party service on the Customer's behalf. Use of a third-party service is governed by that provider's own terms and privacy policy, and NDUSTRA is not responsible for third-party services. The Customer may disconnect an integration at any time from within the Service or from the third-party provider's connected-apps settings.

5. Acceptable Use

The Customer agrees not to: (a) use the Service in violation of applicable law; (b) attempt to gain unauthorized access to the Service or the data of other customers; (c) interfere with or disrupt the integrity or performance of the Service; (d) reverse engineer or copy the Service or its components; or (e) resell or sublicense access to the Service without NDUSTRA's written consent.

6. Fees and Subscription

Fees, billing frequency, and plan terms are as stated in the applicable order or subscription agreement. Except as required by law or expressly stated otherwise, fees are non-refundable. NDUSTRA may suspend access for accounts with overdue balances after reasonable notice.

7. Availability and Support

NDUSTRA works to keep the Service available at all times but does not guarantee uninterrupted availability. We may perform maintenance, and we will use reasonable efforts to minimize disruption. Support is provided as described in the Customer's plan.

8. Confidentiality and Security

NDUSTRA maintains administrative, technical, and physical safeguards designed to protect Customer Data, including encryption in transit and at rest, tenant isolation, and access controls. Details are described in our Privacy Policy.

9. Intellectual Property

NDUSTRA retains all right, title, and interest in and to the Service, including all software, designs, and documentation. These Terms grant the Customer a limited, non-exclusive, non-transferable right to use the Service during the subscription term.

10. Termination

Either party may terminate as provided in the applicable subscription agreement. Upon termination, the Customer's right to access the Service ends. Upon written request made within thirty (30) days of termination, NDUSTRA will make Customer Data available for export in a commonly used format, after which NDUSTRA may delete Customer Data in accordance with its retention practices.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, NDUSTRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SERVICE SUPPORTS BUSINESS RECORDKEEPING BUT DOES NOT PROVIDE ACCOUNTING, TAX, LEGAL, OR PAYROLL ADVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS OR DATA, AND NDUSTRA'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE FEES PAID BY THE CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated to Customers, and continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, unless a signed subscription agreement between NDUSTRA and the Customer states otherwise.

15. Contact

Questions about these Terms: info@ndustra.com