Terms of Service

1. Acceptance of Terms

By accessing or using the Spatial Proof platform, website (spatialproof.com), mobile applications, API, verification certificates, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Services.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and the entities that operate Spatial Proof:

• Zenith Flow Innovations LLC, a limited liability company organized under the laws of the United States, located at 811 El Camino Real, Palo Alto, CA 94306, USA; and
• Pieske One LTDA, a company organized under the laws of Brazil, located in Rodeio, SC, Brazil

(collectively, "Spatial Proof," "we," "us," or "our").

By using our Services, you represent that you are at least 18 years of age and have the legal capacity to enter into binding agreements. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Spatial Proof operates a spatial-temporal verification infrastructure designed to prove that events, inspections, and field activities occurred at the claimed location and time. Our Services include, but are not limited to:

• Field Verification Platform: A mobile and web-based system that captures multi-layered spatial, temporal, and environmental data to create tamper-evident verification records.
• Trust Score Algorithm: A proprietary scoring system that analyzes multiple data signals — including GPS coordinates, network triangulation, device sensors, environmental metadata, and AI-powered image analysis — to assign a confidence score to each verification.
• Cryptographic Hashing: Each verification record is secured using cryptographic hash functions to ensure data integrity and prevent tampering after capture.
• Verification Certificates: Digitally signed certificates that provide an auditable, shareable proof of field activity, suitable for government compliance, insurance claims, and legal proceedings.
• API Access: RESTful API endpoints that enable third-party systems to create, retrieve, and validate verification records programmatically.
• Public Works and Government Compliance Tools: Specialized features for verifying infrastructure inspections, construction progress, environmental audits, and other government-mandated field activities.
• Insurance Verification: Tools for documenting and verifying insurance claims, property inspections, and damage assessments with spatial-temporal proof.

3. User Accounts

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during registration and keep your account information up to date.
• Maintain the security and confidentiality of your login credentials, API keys, and any other authentication tokens.
• Accept responsibility for all activities that occur under your account, whether or not authorized by you.
• Notify us immediately at brayon@spatialproof.org if you suspect any unauthorized use of your account or any security breach.

We reserve the right to suspend or terminate accounts that violate these Terms, remain inactive for an extended period, or pose a security risk to the platform.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Falsify Verification Data: Attempt to manipulate, spoof, or falsify location data, timestamps, sensor readings, or any other information submitted to the platform. The integrity of spatial-temporal verification is the foundation of our Services, and any attempt to undermine it constitutes a material breach of these Terms.
• Circumvent Security Measures: Attempt to bypass, disable, or interfere with any security features, anti-fraud mechanisms, Trust Score calculations, or cryptographic protections built into the platform.
• Reverse Engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code, algorithms, or data models underlying the Services, including the Trust Score algorithm.
• Unauthorized Access: Access or attempt to access any part of the Services, systems, or networks that you are not authorized to access, including other users' accounts or verification records.
• Abuse the Platform: Use the Services to facilitate fraud, misrepresentation, or any illegal activity, including but not limited to falsifying government compliance reports, insurance claims, or public works documentation.
• Excessive Load: Use automated systems, bots, or scripts to generate excessive requests or load on the platform beyond the limits of your subscription or API plan, or in a manner that degrades the Services for other users.
• Distribute Malware: Upload, transmit, or distribute any viruses, malware, or other harmful code through the platform.
• Misrepresent Affiliation: Impersonate any person or entity, or falsely claim an affiliation with any person, entity, or government body in connection with your use of the Services.

5. Intellectual Property

5.1 Our Intellectual Property

The Services, including all software, algorithms (including the Trust Score algorithm), designs, text, graphics, logos, icons, images, data compilations, APIs, documentation, and all other content and materials (collectively, "Spatial Proof Content") are owned by or licensed to Spatial Proof and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

The Spatial Proof name, logo, and all related product and service names, designs, and slogans are trademarks of Spatial Proof. You may not use these marks without our prior written permission.

5.2 Your Content

You retain ownership of the data, images, documents, and other content that you submit to the Services ("User Content"). By submitting User Content, you grant Spatial Proof a worldwide, non-exclusive, royalty-free license to use, process, store, and display your User Content solely as necessary to provide and improve the Services.

You represent and warrant that you have all necessary rights and permissions to submit User Content, and that your User Content does not infringe or violate any third party's intellectual property rights, privacy rights, or other legal rights.

5.3 Verification Certificates

Verification certificates generated by the platform are products of the Services. While you may share, distribute, and use certificates generated from your own verification records, you may not alter, forge, or misrepresent the contents of any certificate. The cryptographic signatures on certificates are the exclusive property of Spatial Proof.

6. API Usage

Access to the Spatial Proof API is subject to the following additional terms:

• API Keys: You are responsible for safeguarding your API keys and access tokens. Do not share, publish, or embed API keys in publicly accessible code repositories or client-side applications. Compromised keys must be reported immediately to brayon@spatialproof.org.
• Rate Limits: API usage is subject to rate limits as specified in the API documentation. Exceeding rate limits may result in temporary or permanent suspension of API access.
• Permitted Use: The API may only be used to integrate with the Services as described in the documentation. You may not use the API to build a competing service, scrape data, or reconstruct the Trust Score algorithm.
• Service Level: While we strive to maintain high availability, API access is provided on an "as-is" basis. We do not guarantee uninterrupted or error-free API access and are not liable for any damages resulting from API downtime or errors.
• Versioning: We may update or deprecate API versions. We will make reasonable efforts to provide advance notice of breaking changes, but you are responsible for ensuring your integrations remain compatible with current API versions.

7. Data Accuracy and Liability Limitations

7.1 Verification Data

While Spatial Proof employs advanced technologies — including GPS, network triangulation, device sensors, cryptographic hashing, and artificial intelligence — to verify spatial-temporal claims, no verification system is infallible. The Trust Score and verification results represent a probabilistic assessment of data integrity, not an absolute guarantee.

Factors beyond our control, including GPS signal interference, device hardware limitations, network conditions, and environmental factors, may affect the accuracy of verification data.

7.2 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. SPATIAL PROOF DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

7.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPATIAL PROOF, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SPATIAL PROOF IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

7.4 Government and Compliance Use

If you use the Services for government compliance, public works verification, regulatory reporting, or similar purposes, you acknowledge that Spatial Proof's verification records are intended as supplementary evidence and do not replace official government inspections, certifications, or legal requirements. You are solely responsible for ensuring that your use of the Services meets all applicable regulatory and legal standards in your jurisdiction.

8. Indemnification

You agree to indemnify, defend, and hold harmless Spatial Proof, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of or access to the Services;
• Your violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Any User Content you submit to the Services;
• Any reliance by third parties on verification records or certificates generated through your use of the Services; or
• Any fraudulent, false, or misleading verification data you submit or attempt to submit through the platform.

9. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the following:

• For users located in the United States or any jurisdiction outside of Brazil: These Terms shall be governed by the laws of the State of California, United States, without regard to its conflict of law principles. Any disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.
• For users located in Brazil: These Terms shall be governed by the laws of the Federative Republic of Brazil, including the Marco Civil da Internet (Law No. 12.965/2014) and the Lei Geral de Protecao de Dados (LGPD, Law No. 13.709/2018). Any disputes shall be subject to the exclusive jurisdiction of the courts of the Comarca of Rodeio, State of Santa Catarina, Brazil.

10. Dispute Resolution

10.1 Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at brayon@spatialproof.org and attempt to resolve any dispute informally for a period of at least thirty (30) days. Most concerns can be resolved through good-faith communication.

10.2 Arbitration

If informal resolution is unsuccessful, any dispute arising out of or relating to these Terms or the Services (except for disputes that qualify for small claims court) shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English and shall take place in Palo Alto, California, unless the parties mutually agree to a different location or virtual proceedings.

10.3 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this waiver is found to be unenforceable for a particular claim, then the claim must be severed and litigated in court rather than arbitrated.

11. Modifications to Terms

Spatial Proof reserves the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms;
• Provide notice through the platform, via email to registered users, or by posting a prominent notice on our website;
• Where required by law, seek your explicit consent to the updated Terms.

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must stop using the Services and close your account.

12. Termination

12.1 Termination by You

You may terminate your account and stop using the Services at any time by contacting us at brayon@spatialproof.org. Upon termination, your right to access the Services will cease immediately.

12.2 Termination by Spatial Proof

We may suspend or terminate your access to the Services, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms or any applicable law;
• Fraudulent or illegal activity, including the submission of falsified verification data;
• Non-payment of applicable fees;
• Extended inactivity;
• Conduct that poses a security risk to the platform or its users; or
• Discontinuation of the Services or any part thereof.

12.3 Effect of Termination

Upon termination of your account:

• All licenses and rights granted to you under these Terms will immediately cease.
• You must immediately stop using the Services and delete any API keys or access tokens in your possession.
• We may delete your account data in accordance with our Privacy Policy, subject to any legal retention requirements.
• Previously issued verification certificates will remain valid and accessible through the public verification system, as they form part of the immutable verification record.

Sections relating to intellectual property, limitation of liability, indemnification, governing law, and dispute resolution shall survive termination of these Terms.

13. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spatial Proof regarding the Services and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. Spatial Proof may assign these Terms freely in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Spatial Proof shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, network failures, or third-party service disruptions.
• Notices: All notices to Spatial Proof should be sent to brayon@spatialproof.org or by mail to Zenith Flow Innovations LLC, 811 El Camino Real, Palo Alto, CA 94306, USA. Notices to you will be sent to the email address associated with your account.