Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Ilystics LLC ("we," "us," or "our"), a limited liability company organized under the laws of the Commonwealth of Virginia, concerning your access to and use of the ilystics.com website. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. Nature of Service & Disclaimers

2.1 No Professional Advice

You acknowledge and agree that:

• No Meteorological Guarantee: The Service relies on third-party historical data. We do not guarantee the accuracy of this data nor do we forecast future weather conditions.
• No Geotechnical Engineering: Our "Smart Soil" and drying time algorithms are mathematical models based on general Unified Soil Classification System (USCS) parameters. They do not account for site-specific density, compaction, groundwater tables, or unique microclimates.
• No Legal Advice / AIA Affiliation: Reports generated by Ilystics LLC are for informational purposes only and do not constitute legal proof of delay. Ilystics LLC is not affiliated with the American Institute of Architects (AIA). Any reference to AIA standards (such as A201) is for formatting convenience to assist users in preparing their own documentation. Final determination of adverse weather claims remains the sole responsibility of the claimant.

2.2 Assumption of Risk

You expressly agree that your use of the Service is at your sole risk. Decisions made based on our estimates—including bidding, scheduling, and contract negotiation—are your sole responsibility. We are not liable for any business losses, liquidated damages, or project delays resulting from reliance on our data.

3. Subscription, Billing, and Cancellation

3.1 Subscription Fees

Access to advanced features (including "Project Protection" tiers) requires payment of subscription fees. By signing up for a paid plan, you authorize us to charge your payment method on a recurring basis (monthly or annually) until canceled.

3.2 Cancellation Policy

You may cancel your subscription at any time through your account dashboard. Cancellation will take effect at the end of the current billing cycle. You will retain access to paid features until the cycle ends.

3.3 Strict "No Refund" Policy

ALL PAYMENTS ARE NON-REFUNDABLE. We do not provide refunds or credits for any partial subscription periods or unused services. This policy applies strictly to prevent abuse of our reporting tools for one-time projects.

4. Intellectual Property Rights

The Service and its original content (including the "Unified Soil Scientist Formula" algorithms, code, design, and "Ilystics" trademark) are the exclusive property of Ilystics LLC and are protected by United States and international copyright laws.

Your Data License: You retain ownership of the project data you upload. You grant Ilystics LLC a non-exclusive, worldwide, royalty-free license to use, reproduce, and process your data to provide the Service and to improve our algorithms (in anonymized aggregate form).

5. User Responsibilities & Prohibited Activities

You agree to use the Service only for lawful purposes. You specifically agree NOT to:

• Resell, sublicense, or redistribute the Service or its data to third parties.
• Use automated scripts, scrapers, or bots to extract data from the Service.
• Misrepresent the source or accuracy of estimates generated by the Service.
• Reverse engineer or attempt to derive the source code of our algorithms.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ILYSTICS LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

SPECIFIC EXCLUSIONS: WE SHALL NOT BE LIABLE FOR ANY COSTS INCURRED DUE TO WEATHER DELAYS, LIQUIDATED DAMAGES ASSESSED AGAINST YOU, OR BIDDING ERRORS RESULTING FROM THE USE OF OUR ESTIMATES.

LIABILITY CAP: IN NO EVENT SHALL ILYSTICS LLC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS.

7. Indemnification

You agree to defend, indemnify, and hold harmless Ilystics LLC, its owners, members, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from:

• Your use of or access to the Service;
• Your violation of any term of these Terms;
• Your reliance on any estimates or data provided by the Service;
• Any claim that your content caused damage to a third party.

8. Governing Law & Dispute Resolution

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

8.1 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be determined by binding arbitration. The seat, or legal place, of arbitration shall be Fairfax County, Virginia.

8.2 Class Action Waiver

YOU AND ILYSTICS LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

9. Contact Us

If you have questions or comments about these Terms, please contact us at:

support@ilystics.com