These Terms of Service (“Terms”) are a legal agreement between Stealth CRX, Inc., a Delaware corporation doing business as “StealthCRX” (“StealthCRX,” “we,” “us,” or “our”), and the business that subscribes to our service (“Customer,” “you,” or “your”). These Terms govern your access to and use of StealthCRX Jobsite Intelligence, including our cameras, software, reports, and related services (together, the “Service”).
By subscribing to the Service, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not subscribe to or use the Service.
1. The Service
1.1 StealthCRX Jobsite Intelligence is an AI-powered jobsite monitoring service. We provide weatherproof, cellular-connected cameras that capture continuous images (photographs) of active construction sites. Our AI analyzes those images, and you receive a “Daily Report” and, where applicable, a “Weekly Report” summarizing observations. Reports are delivered by SMS link.
1.2 The cameras capture still images, which we use to generate your reports. The cameras can also record video and audio. Video and audio are stored locally on the camera, are not routinely transmitted to our servers, and are not used to generate reports. We may retrieve locally stored video or audio remotely in connection with an investigation, such as a suspected safety incident, theft, property damage, a dispute, or a legal matter, or as required by law.
1.3 We may change the Service over time.
2. Eligibility
2.1 The Service is for business use only. You may not use the Service for personal, family, or household purposes.
2.2 You must be at least 18 years old. The person accepting these Terms represents that they are authorized to bind the Customer to these Terms.
3. Cameras and Equipment
3.1 Ownership. The cameras and any related hardware we provide (the “Equipment”) remain the property of Stealth CRX, Inc. at all times. You are subscribing to the Service, not buying the Equipment. Your use of the Equipment is a bailment (loaned equipment) for the duration of your subscription. You will not sell, lease, transfer, encumber, or grant any interest in the Equipment.
3.2 Self-installation. You install the Equipment yourself, following the instructions we provide. You are solely responsible for selecting mounting locations, installing, positioning, and physically placing the Equipment.
3.3 Care. You will keep the Equipment in good condition, ordinary wear and tear excepted. You will not open, modify, repair, reverse engineer, disassemble, or tamper with the Equipment.
3.4 No liability for installation, placement, or presence. StealthCRX is not liable for any property damage, personal injury, or other loss arising from the installation, mounting, positioning, placement, removal, or presence of the Equipment at any site. You retain sole control of the jobsite and are responsible for its safety and for compliance with all applicable safety requirements.
4. Equipment Return and Non-Return Fee
4.1 Return obligation. When your subscription is canceled or terminated for any reason, and regardless of how long you have subscribed, you must return all Equipment to us within 30 days. This return obligation never expires. We will provide a prepaid return label and return instructions.
4.2 Non-return fee. If you do not return all Equipment within 30 days, we may charge the payment method on file a non-return fee of $300 per camera not returned, plus applicable taxes. You authorize this charge. This fee reflects the value of unreturned Equipment and is not a penalty.
4.3 The return obligation and the non-return fee survive termination of these Terms.
5. Worker and Visitor Notice; Signage
5.1 You must notify workers, subcontractors, and site visitors that cameras and monitoring are in use, including that the cameras capture images and may record video and audio, and you must post signage and obtain any consents required by law. On request, we will provide recommended signage templates.
5.2 You are responsible for complying with all laws that apply to monitoring at your sites, including privacy, labor, and workplace notice laws. You indemnify StealthCRX for any claim arising from your failure to provide required notices or post required signage. (See Section 11.)
6. Data and Content
6.1 Our data. As between the parties, StealthCRX owns all data generated by or through the Service, including raw sensor streams; images and imagery; time-series and environmental data; sensor logs, telemetry, and diagnostics; metadata; derived, processed, or transformed datasets; and all models, analytics, and algorithms generated using such data (together, “Service Data”). You do not obtain any ownership interest in the Equipment, Service Data, or the models we build.
6.2 Your license. We grant you a non-exclusive, non-sublicensable, non-transferable license to use the reports and outputs we deliver to you for your internal business purposes, including sharing them with your employees, site supervisors, and subcontractors for the relevant project. You have no right to raw sensor data unless we separately agree in writing.
6.3 Model development and derivatives. We may use Service Data to develop, train, test, validate, and improve our AI models, analytics, and current and future products, services, and technologies. We may combine Service Data with other datasets, create anonymized and aggregated datasets, and use and commercialize models, analytics, and derivatives, provided they do not identify you or your project.
6.4 No identification of individuals. We do not seek to collect personal information through the cameras. We will not attempt to identify individuals captured in imagery, and we do not use facial recognition.
6.5 Your materials. Plans, drawings, specifications, schedules, addresses, and other materials or information you provide to us remain your property. You grant us a limited license to use them solely to provide and support the Service. Nothing in this Section 6 transfers ownership of your project documents or business information to StealthCRX.
7. Service Disclaimers
7.1 The reports and all outputs are provided “as is” and “as available.” They are AI-generated and may contain errors, omissions, or inaccuracies, and may miss events.
7.2 The Service is a monitoring and reporting tool. It is not a substitute for on-site supervision, safety programs, security services, code compliance, or professional judgment. We do not guarantee that any incident, hazard, theft, trespass, or other event will be detected, reported, or prevented.
7.3 StealthCRX is not a security service and is not a life-safety or alarm monitoring service. Do not rely on the Service for emergency response.
7.4 To the fullest extent permitted by law, we disclaim all warranties not expressly stated in these Terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. SMS Messages and Consent
8.1 By subscribing and providing a phone number, you consent to receive service-related SMS messages from us, including report links and service notices.
8.2 Message and data rates may apply. Message frequency varies.
8.3 You can reply STOP to opt out of SMS messages. Opting out may impair or prevent delivery of your reports.
8.4 SMS and email delivery of reports is also governed by the communications consent and messaging terms presented in our app. If those terms conflict with this Section 8 on SMS or email delivery, the in-app terms control.
9. Fees, Billing, and Renewal
9.1 Pricing. Fees are shown at checkout, priced per camera or site per month. The price shown at checkout controls.
9.2 Billing in advance. You subscribe and pay through Stripe Checkout. Subscriptions are billed in advance for each billing period. You authorize us to charge your payment method for all fees and applicable taxes.
9.3 Month-to-month; auto-renewal. Subscriptions are month-to-month and renew automatically each month until canceled. There is no long-term commitment on the subscription itself. (Your Equipment return obligation under Section 4 still applies when you cancel.)
9.4 Cancellation. You may cancel at any time through your account or by emailing support@stealthcrx.com. Cancellation takes effect at the end of the current billing period.
9.5 No refunds. Fees paid in advance are non-refundable.
9.6 Failed payments. If a payment fails, we may suspend the Service until payment is resolved.
9.7 Price changes. We may change pricing on 30 days’ notice. Changes take effect at your next renewal after the notice period.
10. Limitation of Liability
10.1 To the fullest extent permitted by law, StealthCRX will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or relating to the Service or these Terms.
10.2 To the fullest extent permitted by law, StealthCRX’s total liability arising out of or relating to the Service or these Terms will not exceed the total fees you paid to us in the 12 months preceding the event giving rise to the claim.
10.3 Carve-outs. The limitations in Sections 10.1 and 10.2 do not apply to: (a) your obligation to return Equipment or pay the non-return fee under Section 4; (b) your indemnification obligations under Section 11; or (c) your misuse of StealthCRX intellectual property.
11. Indemnification
11.1 By you. You will defend, indemnify, and hold harmless StealthCRX and its officers, directors, employees, and agents from any third-party claim, loss, or expense (including reasonable attorneys’ fees) arising out of or relating to: (a) your failure to provide required worker or visitor notices, or any violation of privacy, labor, or safety law at your sites; (b) your installation, mounting, positioning, placement, or presence of the Equipment; or (c) your breach of these Terms.
11.2 By us. We will defend, indemnify, and hold harmless Customer from any third-party claim that the Service, as provided by us, infringes that third party’s intellectual property rights, and will pay damages finally awarded (or amounts we agree in settlement). This is your sole remedy for infringement claims.
12. Intellectual Property
12.1 All intellectual property in and to the Service, including the cameras, software, AI models, reports, and StealthCRX names and logos, is and remains the property of StealthCRX. These Terms do not transfer any ownership to you, and we grant no licenses except those expressly stated in these Terms.
12.2 Use restrictions. You will not, and will not allow any third party to: (a) reverse engineer, disassemble, decompile, or tamper with the cameras or software, or attempt to derive their source code, data structures, or design; (b) copy, modify, distribute, sell, or lease any part of the Service or create derivative works from it; (c) use the Service, the reports, or any outputs to develop, train, or improve a product or service that competes with the Service, including any machine learning or AI model; or (d) access the Service by scraping, bots, or other automated means outside its normal interfaces.
12.3 Non-public information. Non-public information we make available to you about the Service, including technical details, documentation, and security information, is StealthCRX confidential information. Use it only in connection with the Service and do not disclose it to third parties.
12.4 Feedback. If you give us feedback, suggestions, or ideas about the Service, we may use them freely, without restriction or obligation to you.
13. Term, Suspension, and Termination
13.1 These Terms apply while you have an active subscription and continue to apply to any obligations that survive.
13.2 Either party may terminate by canceling the subscription as described in Section 9.4 or by written notice.
13.3 We may suspend or terminate the Service, in whole or in part, if you breach these Terms or fail to pay.
13.4 On termination, your right to use the Service ends, and your Equipment return obligation under Section 4 applies.
13.5 Survival. Sections 3.1, 4, 6, 7, 10, 11, 12, 14, and 15, and any other provision that by its nature should survive, will survive termination.
14. Dispute Resolution
14.1 Informal resolution first. Before starting arbitration, the parties will try to resolve any dispute informally. The party with the dispute will send written notice to the other, and the parties will negotiate in good faith for 30 days.
14.2 Binding arbitration. If the dispute is not resolved within 30 days, it will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be seated in Charlotte, North Carolina.
14.3 Class action waiver. Disputes will be resolved on an individual basis only. You and StealthCRX each waive any right to bring or participate in a class, collective, or representative action.
14.4 Carve-outs. Either party may bring a claim in small claims court, and either party may seek injunctive or other equitable relief in court for actual or threatened misuse or infringement of its intellectual property.
15. General
15.1 Governing law. These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules.
15.2 Entire agreement. These Terms are the entire agreement between the parties about the Service and supersede all prior discussions and agreements on the subject.
15.3 Assignment. We may assign these Terms, in whole or in part, including in connection with a merger, acquisition, or sale of assets. You may not assign these Terms without our prior written consent.
15.4 Severability. If any provision is found unenforceable, the rest of these Terms remain in effect, and the unenforceable provision will be modified to the minimum extent needed to make it enforceable.
15.5 Notices. We may send notices to you by email or through the Service. You may send notices to us at support@stealthcrx.com.
15.6 Changes to these Terms. We may update these Terms from time to time. We will post the updated Terms and change the “Last Updated” date, and we will give notice of material changes. Your continued use of the Service after changes take effect means you accept the updated Terms.
15.7 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including acts of God, natural disasters, network or carrier outages, power failures, labor disputes, or government action.
15.8 Contact. Questions about these Terms: support@stealthcrx.com.