Earthwork AI Terms of Service

Effective Date: September 17, 2026

These Terms of Service ("Terms") are a legal agreement between Raiser Technologies DBA Earthwork AI ("Earthwork AI," "Earthwork," "we," "us," or "our") and the person or legal entity accessing or using the Earthwork AI website, software, applications, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you are using the Service on behalf of a company, business, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, "you" and "your" refer to both you and that entity.

If you do not agree to these Terms, you may not access or use the Service.

1. The Service

Earthwork AI provides cloud-based software designed primarily for excavation and earthwork contractors and other construction-related businesses.

The Service may include features such as: excavation and earthwork estimating; quantity calculations and takeoffs; material and production calculations; labor and equipment calculations; estimate and proposal generation; project management and organization tools; customer and project information management; reporting and analytics; artificial intelligence and machine-learning assisted features; document and file storage; account management; and other tools and functionality that we may make available from time to time.

Earthwork AI may add, modify, suspend, or remove features from the Service at any time. Certain features may be subject to additional terms, instructions, limitations, or requirements. Those additional terms are incorporated into these Terms by reference.

2. Eligibility and Account Registration

You must be at least 18 years old, or the age of majority in your jurisdiction, to create an account or use the Service. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for: maintaining accurate account information; maintaining the confidentiality of your login credentials; restricting access to your account to authorized users; all activity occurring through your account; and promptly notifying Earthwork AI if you believe your account has been accessed without authorization. You may not create an account using false information or impersonate another person or business.

3. Business Accounts and Authorized Users

If you create an Earthwork AI account on behalf of a business or organization, that business or organization is the account owner ("Account Owner"). The Account Owner is responsible for: managing authorized users; determining who may access the account; maintaining appropriate user permissions; ensuring authorized users comply with these Terms; protecting account credentials; and all subscription and payment obligations associated with the account. Account Owners may add employees, contractors, or other authorized individuals to their account where the applicable subscription permits. Each authorized user must use their own login credentials unless Earthwork AI expressly permits otherwise. You are responsible for removing access when an employee, contractor, or other authorized user is no longer permitted to access the account.

4. Subscription Plans, Fees, and Payment

Certain portions of the Service require payment of subscription fees. Subscription pricing, features, billing periods, user limits, usage limits, and other applicable charges will be presented to you during the purchase or subscription process. By subscribing to a paid Service, you authorize Earthwork AI or our third-party payment processor to charge the payment method associated with your account for applicable fees.

Stripe: Payments may be processed by Stripe, Inc. ("Stripe"). Your use of payment services provided through Stripe may also be subject to Stripe's terms and policies. Earthwork AI does not generally store complete credit card numbers or full payment credentials on its own systems.

Taxes: You are responsible for any applicable sales, use, value-added, or other taxes associated with your purchase of the Service, except taxes based on Earthwork AI's income.

Price Changes: We may change subscription pricing from time to time. If we increase the price of your subscription, we will provide reasonable advance notice where required by applicable law. Unless otherwise stated, a price change will take effect at the beginning of your next applicable billing period.

Failed Payments: If a payment is declined, reversed, or otherwise unsuccessful, we may suspend or restrict access to paid features until the outstanding balance is resolved.

5. Free Trials and Promotional Offers

Earthwork AI may occasionally offer free trials, promotional pricing, credits, or other introductory offers. Unless otherwise stated at the time of the offer: promotional offers are available only for eligible users; we may limit the number of promotional offers available to an individual or business; promotional offers may not be combined with other offers; we may modify or discontinue promotional offers at any time; and at the end of a free trial, continued access may require a paid subscription. Specific terms presented with a particular promotion will control if they conflict with these Terms.

6. Cancellation and Refunds

You may cancel your subscription in accordance with the cancellation process made available through the Service or by contacting Earthwork AI. Unless otherwise stated in your subscription agreement or required by applicable law, cancellation will generally take effect at the end of the current billing period. Unless otherwise required by applicable law or expressly stated by Earthwork AI, subscription fees are non-refundable and we do not provide refunds or credits for partially used billing periods. If you cancel your account, you may continue to have access to the Service through the end of your applicable paid billing period.

7. User Content and Business Data

The Service allows you to upload, enter, create, store, transmit, or otherwise provide information and materials, including: customer information; project information; jobsite information; estimates; pricing; material quantities; production rates; labor and equipment information; plans and documents; photos; notes; proposals; calculations; other business information; and information generated through your use of the Service. Collectively, this information is referred to as "User Content."

Ownership of User Content: As between you and Earthwork AI, you retain your ownership rights in User Content that you provide to the Service. You grant Earthwork AI a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, modify as technically necessary, and otherwise use User Content as reasonably necessary to: provide and operate the Service; provide customer support; maintain and secure the Service; perform calculations and other functions requested by you; develop, test, maintain, and improve the Service; improve estimating functionality and AI-assisted features; detect and prevent fraud or abuse; create aggregated or de-identified information; and comply with applicable law. This license continues for as long as necessary for us to perform these purposes and, where applicable, for reasonable backup, legal, security, and recordkeeping purposes.

Your Responsibility for User Content: You represent and warrant that you have all rights, permissions, and authority necessary to provide User Content to Earthwork AI and permit us to process it as described in these Terms and our Privacy Policy. You are responsible for ensuring that your User Content: is accurate to the extent accuracy is necessary for your intended use; does not violate applicable laws; does not infringe the intellectual property, privacy, or other rights of another person or entity; and does not contain information that you are prohibited from sharing.

8. Product Improvement and Use of Customer Information

Earthwork AI may use information submitted to or generated through the Service to improve our products and technology. This may include business, customer, project, estimating, usage, and other information submitted through the Service. We may use such information for: product development; testing; quality assurance; troubleshooting; analytics; improving estimating calculations; identifying estimating patterns; improving system accuracy; developing new features; improving AI-assisted functionality; training and validating models or algorithms; evaluating system performance; and developing other products and functionality. Where reasonably appropriate, we may combine information from multiple accounts or users to identify trends and improve the Service. We may also create aggregated or de-identified information that cannot reasonably be used to identify an individual or particular customer or account. We will not publicly disclose your confidential business information, individual customer information, project information, pricing information, or other identifiable information solely for product improvement purposes. Our use of Personal Information is also governed by the Earthwork AI Privacy Policy.

9. Artificial Intelligence and Automated Features

Earthwork AI may provide artificial intelligence, machine-learning, or other automated features ("AI Features"). AI Features may assist with tasks such as: generating or modifying estimates; analyzing project information; calculating quantities; generating recommendations; organizing information; identifying patterns; generating written content; assisting with estimating decisions; and other functions made available through the Service.

AI Outputs: AI-generated content, estimates, calculations, recommendations, and other outputs ("Outputs") may contain errors, omissions, inaccuracies, or assumptions that are not appropriate for your particular project. Outputs may also be incomplete or based on information that you provide that is incomplete or inaccurate. You are solely responsible for reviewing and verifying Outputs before relying on them. Earthwork AI does not guarantee that AI-generated estimates, quantities, calculations, recommendations, or other Outputs will be accurate, complete, or appropriate for any particular project. You should independently verify information before using it for construction, estimating, bidding, purchasing, financial, legal, safety, or other important decisions.

AI Training and Improvement: Information processed through AI Features may be used by Earthwork AI to improve, test, train, validate, and develop AI Features and other functionality, as described in these Terms and our Privacy Policy. Where third-party AI or technology providers are used, information may also be processed by those providers as necessary to provide the applicable feature.

Prohibited AI Use: You may not use AI Features to: circumvent security controls or usage restrictions; attempt to extract confidential information belonging to another user; submit information that you do not have the right to submit; infringe another person's intellectual property or privacy rights; attempt to reverse engineer or discover underlying models or systems; manipulate or interfere with safeguards designed to protect the Service; or use AI Features for unlawful purposes.

10. Estimating and Professional Responsibility

Earthwork AI is a software tool designed to assist with estimating and related business activities. Earthwork AI does not provide engineering, surveying, legal, accounting, tax, financial, construction, or other professional services. Estimates, quantities, calculations, production rates, material assumptions, pricing, and other information generated by the Service are tools to assist users and are not guarantees of actual project costs, quantities, production, profitability, or project performance. You are responsible for reviewing estimates and determining whether assumptions, quantities, rates, pricing, measurements, and other information are appropriate for your project. You are also responsible for obtaining any required professional services, permits, surveys, engineering, geotechnical information, site evaluations, or other project-specific information. Earthwork AI is not responsible for losses resulting from your failure to independently verify information or assumptions.

11. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may not: (1) use the Service in violation of any applicable law or regulation; (2) attempt to gain unauthorized access to the Service, another account, or our systems; (3) circumvent authentication, security, or access controls; (4) interfere with or disrupt the Service or its underlying infrastructure; (5) introduce malware, viruses, or other harmful code; (6) reverse engineer, decompile, disassemble, or attempt to discover the source code of the Service, except where expressly permitted by applicable law; (7) copy, reproduce, resell, lease, sublicense, distribute, or commercially exploit the Service except as expressly permitted; (8) use automated systems to scrape or extract information from the Service without our written permission; (9) use the Service to develop a competing product by systematically copying or replicating its functionality, content, or design; (10) impersonate another person or entity; (11) upload content that infringes another party's rights; (12) use the Service to transmit spam, malicious communications, or unlawful material; (13) attempt to access another customer's data without authorization; (14) share account credentials in a manner that circumvents subscription or user limits; (15) use the Service to facilitate fraudulent activity; or (16) encourage or assist another person in violating these Terms.

12. Intellectual Property

The Service, including its software, technology, interfaces, designs, graphics, trademarks, logos, documentation, features, and other materials provided by Earthwork AI, are owned by or licensed to Earthwork AI and are protected by applicable intellectual property laws. Except for the limited rights expressly granted under these Terms, Earthwork AI does not grant you any ownership interest or other rights in the Service. You may not use the Earthwork AI name, logo, trademarks, or other branding without our prior written permission.

Feedback: If you provide suggestions, ideas, recommendations, or other feedback regarding the Service ("Feedback"), you grant Earthwork AI the right to use, reproduce, modify, and incorporate that Feedback into our products and services without compensation or attribution to you.

13. Confidentiality

Each party may receive non-public information from the other party in connection with the Service that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will: use Confidential Information only as reasonably necessary to perform its obligations or exercise its rights; protect Confidential Information using reasonable care; limit access to people who need to know the information; and not disclose Confidential Information except as permitted by these Terms or required by law. Confidential Information does not include information that: is or becomes publicly available through no fault of the receiving party; was already lawfully known to the receiving party; is independently developed without use of the other party's Confidential Information; or is lawfully obtained from a third party without a confidentiality obligation.

14. Third-Party Services

The Service may integrate with or rely upon third-party products and services, including payment processors, analytics providers, hosting providers, artificial intelligence providers, and other technology providers. Your use of third-party services may be subject to the third party's separate terms and privacy policies. Earthwork AI is not responsible for the availability, functionality, security, or performance of third-party services that are outside our control. If a third-party service becomes unavailable, Earthwork AI may be unable to provide certain functionality that depends on that service.

15. Privacy

Our collection, use, storage, and disclosure of Personal Information is described in the Earthwork AI Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. By using the Service, you acknowledge that you have reviewed the Privacy Policy.

16. Security

We maintain reasonable administrative, technical, and organizational safeguards designed to protect information processed through the Service. However, no internet-based service can be guaranteed to be completely secure. You are responsible for maintaining appropriate account security, including protecting your passwords and controlling access to your account. You should notify Earthwork AI promptly if you believe your account or credentials have been compromised.

17. Service Availability and Modifications

We will use reasonable efforts to keep the Service available, but we do not guarantee that the Service will always be available, uninterrupted, error-free, or secure. The Service may be temporarily unavailable due to: maintenance; updates; security issues; hardware or software failures; internet or telecommunications problems; third-party service interruptions; natural disasters; cyberattacks; or other circumstances beyond our reasonable control. We may modify, suspend, or discontinue any portion of the Service at any time. We may also release updates, upgrades, improvements, or modifications that change the functionality of the Service.

18. Suspension and Termination

You may stop using the Service at any time. Earthwork AI may suspend or terminate your access to the Service if: you materially violate these Terms; you fail to pay applicable fees; your use creates a security risk; your use exposes Earthwork AI or another user to legal liability; we reasonably suspect fraud or unlawful activity; you abuse or threaten Earthwork AI personnel or other users; we are required to do so by law; or we discontinue the applicable Service. Where reasonably practical, we may provide notice before suspension or termination. We may immediately suspend access where necessary to protect the Service, our users, or others.

Effect of Termination: Upon termination, your right to access the Service will end. You remain responsible for any unpaid amounts incurred before termination. Sections that by their nature should survive termination will survive, including provisions concerning intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and outstanding payment obligations.

19. Data Following Termination

You are responsible for maintaining appropriate backups of your User Content. Following cancellation or termination, Earthwork AI may retain or delete User Content in accordance with our Privacy Policy, applicable retention practices, and legal obligations. Where technically and legally appropriate, we may provide a reasonable opportunity to retrieve your data following cancellation. We do not guarantee that User Content will remain available indefinitely after an account is terminated.

20. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARTHWORK AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT: THE SERVICE WILL MEET YOUR PARTICULAR REQUIREMENTS; THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; ESTIMATES, CALCULATIONS, QUANTITIES, OR OTHER OUTPUTS WILL BE ACCURATE OR COMPLETE; AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR APPROPRIATE; THE SERVICE WILL PRODUCE A PARTICULAR FINANCIAL OR BUSINESS RESULT; THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME; OR ANY DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR DETERMINING WHETHER THE SERVICE AND ITS OUTPUTS ARE APPROPRIATE FOR YOUR PARTICULAR BUSINESS AND PROJECTS.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARTHWORK AI AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EARTHWORK AI'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (1) THE TOTAL AMOUNT YOU PAID TO EARTHWORK AI FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (2) ONE HUNDRED DOLLARS ($100). These limitations apply regardless of the legal theory on which the claim is based, including contract, tort, negligence, strict liability, or otherwise. Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

22. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Earthwork AI and its owners, officers, employees, contractors, affiliates, and service providers from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: your use of the Service; your User Content; your violation of these Terms; your violation of applicable law; your violation of another person's rights; or claims arising from your business activities or your use of estimates, calculations, or Outputs generated through the Service. Earthwork AI will provide reasonable notice of any claim subject to indemnification. You may not settle an indemnified claim in a manner that imposes an obligation or admission of liability on Earthwork AI without our prior written consent.

23. Dispute Resolution

Before initiating a formal legal proceeding, the parties agree to make a good-faith effort to resolve disputes informally. If you have a dispute with Earthwork AI, please first contact us at support@earthworkAI.com. If the dispute cannot be resolved informally, any dispute arising out of or relating to these Terms or the Service will be resolved in accordance with the laws and procedures described below.

Governing Law: These Terms are governed by the laws of the State of Washington, without regard to its conflict-of-law rules.

Venue: To the extent a dispute is permitted to proceed in court, the parties agree that state or federal courts located in Snohomish County, Washington, or another mutually appropriate Washington venue having jurisdiction, will have jurisdiction over the dispute.

Nothing in this section prevents either party from seeking temporary or injunctive relief where necessary to protect intellectual property, confidential information, security, or other rights.

24. Class Actions

To the maximum extent permitted by applicable law, you and Earthwork AI agree that any claim or dispute arising out of or relating to the Service or these Terms will be brought on an individual basis and not as part of a class, collective, consolidated, or representative action. Nothing in this section limits rights that cannot legally be waived.

25. Third-Party Beneficiaries

Except where expressly stated otherwise in these Terms, these Terms do not create any rights for third parties.

26. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may provide notice through the Service, our website, email, or another reasonable method. The updated Terms will become effective on the date specified in the updated Terms. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of the updated Terms, to the extent permitted by applicable law. If you do not agree with updated Terms, you must stop using the Service.

27. General Terms

These Terms, together with the Earthwork AI Privacy Policy and any additional terms expressly incorporated into these Terms, constitute the entire agreement between you and Earthwork AI concerning the Service. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision of these Terms does not constitute a waiver of that provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except in connection with a permitted sale or transfer of substantially all of your business assets. Earthwork AI may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or similar transaction. Neither party will be liable for failure or delay in performing obligations caused by circumstances beyond its reasonable control, including natural disasters, fires, floods, epidemics, war, terrorism, civil disturbances, governmental actions, utility failures, telecommunications failures, internet outages, cyberattacks, or failures of third-party providers. Section headings are for convenience only and do not affect the interpretation of these Terms.

28. Electronic Communications

By using the Service, you consent to receiving communications from Earthwork AI electronically, including by email, through the Service, or through other electronic means. Electronic communications satisfy any legal requirement that such communications be provided in writing, to the extent permitted by applicable law. You are responsible for maintaining a current email address associated with your account.

29. Contact Us

If you have questions about these Terms or the Service, please contact us:

Raiser Technologies DBA Earthwork AI
Attn: Legal / Terms of Service
Email: support@earthworkAI.com
Mailing Address: PO Box 1282, Snohomish, WA 98291

BY CREATING AN ACCOUNT OR USING EARTHWORK AI, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.