Terms of ServiceTerms of Service

By accessing or using the Vortyk platform ("Service"), 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 Service.

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. In that case, "you" and "your" refer to both you as an individual and the organization you represent.

These Terms constitute a legally binding agreement between you and Vortyk. We may update these Terms from time to time. If we make material changes, we will provide at least 30 days notice via email or a prominent notice on the platform. Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of the revised Terms.

Vortyk is a field data collection and photo documentation platform that enables users to capture, organize, annotate, and share geotagged photos for inspection, construction, and field documentation purposes.

Core features include:

• Photo upload and organization into projects and surveys
• Automatic extraction and display of GPS coordinates and EXIF metadata from uploaded photos
• Photo markup and annotation tools
• Interactive map views showing photo locations
• PDF photo log report generation
• Password-protected client sharing links

The Service is provided as a cloud-based software-as-a-service (SaaS) application accessible at app.vortyk.com. Features and functionality may change over time as we continue to develop and improve the platform.

You must create an account to use the Service. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.

You are responsible for maintaining the confidentiality of your account credentials, including your password. You are fully responsible for all activities that occur under your account, whether or not authorized by you.

You must notify Vortyk immediately at support@vortyk.com if you become aware of any unauthorized use of your account or any other breach of security.

Vortyk reserves the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.

Vortyk offers a 14-day free trial of the Pro plan with full access to all Pro features. A valid credit card is required to start the trial.

Your credit card will not be charged during the trial period. At the end of the 14-day trial, your subscription will automatically convert to a paid Pro plan and your credit card will be charged the applicable subscription fee unless you cancel before the trial period ends.

You may cancel your trial at any time during the 14-day period through the billing portal. If you cancel during the trial, you will not be charged and your access will continue until the end of the trial period.

Vortyk reserves the right to modify, limit, or discontinue the free trial offer at any time without prior notice.

The Service is offered on a monthly subscription basis. Current pricing is available at vortyk.com/pricing. All prices are in US Dollars and do not include applicable taxes.

Pro Plan: $49 per month for individual users. Enterprise Plan: $59 per user per month for organizations. Storage add-ons are available at additional cost.

Subscriptions renew automatically each month. Your payment method on file will be charged automatically on each renewal date unless you cancel before the renewal date.

All payment processing is handled by Stripe. By subscribing, you agree to Stripe's terms of service. Vortyk does not store your full credit card information.

If your payment method fails, we may retry the charge and/or suspend your access to the Service until payment is received. You are responsible for ensuring your payment information is current and valid.

Vortyk may change subscription prices with at least 30 days written notice. Price changes will take effect at the start of your next billing cycle following the notice period. If you do not agree with a price change, you may cancel your subscription before the new price takes effect.

You may cancel your subscription at any time through the Stripe billing portal accessible from your account settings.

Upon cancellation, you will retain access to the Service through the end of your current billing period. After your billing period ends, your account will transition to a read-only state. You will be able to view and download your data but will not be able to upload new photos or generate new reports.

We do not provide prorated refunds for partial months. If you cancel mid-cycle, you will not receive a refund for the remainder of that billing period.

If you wish to permanently delete your account and all associated data, you may submit a deletion request to support@vortyk.com. Account deletion is permanent and cannot be reversed.

Data associated with cancelled accounts in read-only state will be retained for 90 days after the end of the last billing period. After 90 days, all data will be permanently deleted unless you reactivate your subscription or request earlier deletion.

You retain full ownership of all photos, captions, markups, reports, and other content you upload to or create within the Service ("User Content"). Vortyk does not claim any ownership interest in your User Content.

By uploading User Content to the Service, you grant Vortyk a limited, non-exclusive, worldwide, royalty-free license to host, store, process, display, reproduce, and transmit your User Content solely for the purpose of providing and improving the Service. This license includes generating thumbnails and optimized versions of your photos, displaying photos on maps and in reports, and transmitting content through client sharing links you create.

This license terminates when you delete your User Content or your account, except as necessary for backup retention (up to 90 days) and except for aggregated, anonymized data that cannot identify you or your content.

You represent and warrant that you own or have the necessary rights and permissions to upload all User Content, and that your User Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party.

Vortyk does not monitor, review, or endorse User Content. You are solely responsible for the content, accuracy, quality, legality, and appropriateness of all User Content you upload.

The Service extracts GPS coordinates and camera bearing data from the EXIF metadata embedded in photos by your device. This geolocation data originates entirely from your device's GPS hardware and operating system. Vortyk does not independently generate, calculate, verify, or correct GPS coordinates.

Typical smartphone GPS accuracy ranges from 5 to 30 meters in open sky conditions and may exceed 50 meters or more indoors, in dense urban areas, near tall structures, or in areas with limited satellite visibility. GPS accuracy is affected by numerous factors including but not limited to: device hardware capabilities and age, satellite constellation geometry and availability, atmospheric and ionospheric interference, building, terrain, and vegetation obstructions, multipath signal errors and reflections, device software and firmware settings, and network connectivity at the time of photo capture. All of these factors are entirely outside Vortyk's control.

Vortyk displays GPS data exactly as received from your device. Vortyk does not verify, validate, correct, calibrate, or guarantee the accuracy, precision, reliability, or completeness of any GPS coordinates, camera bearing data, or other geolocation information.

You are solely responsible for verifying the accuracy of all GPS and geolocation data before relying on it for any purpose, including but not limited to: professional documentation, OSHA compliance or other regulatory filings, insurance claims or adjustments, legal proceedings or evidentiary submissions, construction documentation or progress tracking, environmental monitoring or compliance, permit applications or inspections, and any other business, legal, or regulatory purpose.

The Service is not a substitute for professional land surveying, certified inspection services, or any other professional measurement or verification services. If precise location accuracy is critical to your use case, you should use professional-grade GPS equipment and independently verify all coordinates.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VORTYK SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY INACCURACIES, ERRORS, OR OMISSIONS IN GPS DATA, INCLUDING BUT NOT LIMITED TO ANY CONSEQUENCES ARISING FROM RELIANCE ON GPS COORDINATES FOR INSURANCE CLAIMS, COMPLIANCE DOCUMENTATION, REGULATORY FILINGS, LEGAL PROCEEDINGS, OR ANY OTHER PURPOSE.

EXIF metadata (including timestamps, GPS coordinates, camera settings, device model, and image dimensions) is generated by your device or camera at the time of photo capture, before photos are uploaded to Vortyk.

Vortyk reads and displays EXIF metadata to provide platform features such as photo organization, map views, timeline views, and report generation. Vortyk does not modify, alter, validate, verify, or guarantee the accuracy of any EXIF metadata.

Photo timestamps are derived from your device's internal clock. If your device clock is set incorrectly, timestamps on your photos will be inaccurate. Vortyk has no ability to detect or correct device clock errors.

Certain EXIF data fields can be modified through device settings, third-party software, or file manipulation before or after upload. Vortyk has no way to detect whether EXIF metadata has been modified by you or any third party.

When photos are transferred through third-party services such as email, messaging apps, or social media platforms, EXIF metadata may be stripped, compressed, or corrupted by those services. Vortyk is not responsible for metadata integrity outside of the Vortyk platform.

If you intend to use photos or their metadata for compliance documentation, insurance claims, legal proceedings, or any regulatory purpose, you are solely responsible for independently verifying the accuracy of all metadata through supplementary documentation, professional inspection, witness statements, or other independent means. Vortyk does not certify photos or metadata for evidentiary, legal, or regulatory use.

The Service allows you to create password-protected sharing links that grant third parties ("Recipients") read-only access to view photos, metadata, maps, and reports within a designated project.

You are solely responsible for:

• Determining what content to share and with whom
• Setting appropriate passwords and expiration dates for sharing links
• Ensuring that shared content does not violate any confidentiality agreements, privacy rights, or legal obligations
• Revoking sharing links when access is no longer appropriate

Vortyk is not responsible for how Recipients use, store, copy, forward, screenshot, or distribute information accessed through client sharing links. Once data is viewed or downloaded by a Recipient, it is outside Vortyk's control.

Recipients access shared content under a limited, read-only license. Recipients are not authorized to modify, redistribute, or use shared content for any purpose other than reviewing the project documentation you have chosen to share.

When sharing projects containing GPS coordinates, timestamps, or other metadata, you should inform Recipients that metadata originates from the photographer's device and should be independently verified before being relied upon for any business, legal, insurance, or compliance decision.

You agree not to use the Service to:

• Upload, store, or share content that is illegal, defamatory, obscene, threatening, harassing, or that violates the rights of any third party
• Upload content that you do not have the right to upload, including content that infringes copyrights, trademarks, or other intellectual property rights
• Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Use automated scripts, bots, scrapers, or other automated means to access the Service
• Interfere with or disrupt the Service, its servers, or networks connected to the Service
• Attempt to gain unauthorized access to other user accounts, computer systems, or networks
• Use the Service for surveillance, stalking, or tracking individuals without their knowledge and consent
• Use the Service in any manner that violates applicable local, state, national, or international law
• Impersonate any person or entity or falsely claim an affiliation with any person or entity
• Transmit viruses, malware, or other harmful code through the Service

Vortyk reserves the right to investigate suspected violations and to suspend or terminate accounts that violate this Acceptable Use Policy without prior notice or refund.

Vortyk respects the intellectual property rights of others and expects users to do the same.

If you believe that content hosted on Vortyk infringes your copyright, you may submit a Digital Millennium Copyright Act (DMCA) takedown notice to our designated agent.

Filing a Takedown Notice

Your notice must include:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to be infringed
• Identification of the material to be removed with sufficient information to locate it
• Your contact information (name, address, telephone number, email)
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
• A statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf

Counter-Notice

If you believe your content was removed in error, you may submit a counter-notice containing:

• Your physical or electronic signature
• Identification of the removed material and its former location
• A statement under penalty of perjury that the material was removed by mistake or misidentification
• Your name, address, and telephone number
• A statement consenting to the jurisdiction of the federal court in your district

Send DMCA notices to: legal@vortyk.com with the subject line "DMCA Takedown Notice" or "DMCA Counter-Notice."

Repeat Infringer Policy

Vortyk will terminate the accounts of users who are found to be repeat infringers of copyright. We define a repeat infringer as any user who has been the subject of two or more valid DMCA takedown notices.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. VORTYK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VORTYK DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY GPS COORDINATES, EXIF METADATA, TIMESTAMPS, OR OTHER DATA EXTRACTED FROM YOUR DEVICE OR DISPLAYED THROUGH THE SERVICE.

Vortyk does not warrant that the Service will meet your specific requirements or expectations.

Vortyk does not warrant that any GPS coordinates, photo metadata, or reports generated through the Service are suitable for any particular use, including but not limited to compliance documentation, legal evidence, insurance claims, regulatory filings, or professional inspections.

The Service relies on third-party infrastructure and services (including Stripe for payments, Vercel for hosting, and your device for GPS and metadata). Vortyk is not responsible for failures, outages, or errors caused by third-party services or your device.

Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the above exclusions apply to the maximum extent permitted by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VORTYK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF VORTYK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Aggregate Liability Cap

Vortyk's total aggregate liability arising out of or related to these Terms or the Service shall not exceed the total amount you have paid to Vortyk in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any fees, Vortyk's maximum liability shall be one hundred dollars ($100).

Specific Exclusions

Without limiting the foregoing, Vortyk specifically disclaims all liability for:

• Inaccuracies in GPS coordinates, geolocation data, or camera bearing data, regardless of cause
• Errors in photo metadata, EXIF data, or timestamps, whether caused by device settings, hardware limitations, or environmental factors
• Any consequences arising from reliance on GPS data, metadata, or reports for insurance claims, compliance documentation, regulatory filings, legal proceedings, or any other professional, legal, or business purpose
• Data loss or corruption resulting from device malfunction, network interruption, or third-party service failures
• Actions taken by recipients of client sharing links, including unauthorized use, distribution, or modification of shared content
• Service interruptions, downtime, or data unavailability, whether planned or unplanned

Acknowledgment

You acknowledge that the fees charged for the Service reflect the allocation of risk set forth in this limitation of liability. You agree that the limitations and exclusions in this section are reasonable given the nature of the Service and the fees charged.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. In such jurisdictions, Vortyk's liability is limited to the maximum extent permitted by applicable law.

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

• Your use of the Service or any violation of these Terms
• User Content you upload, store, or share through the Service
• Any claim that your User Content infringes the intellectual property, privacy, or other rights of any third party
• Your reliance on GPS coordinates, photo metadata, or other device-provided data for any purpose
• Your sharing of project data with clients or third parties through the Service
• Your failure to comply with applicable laws, regulations, or industry requirements in connection with your use of the Service
• Any dispute between you and a third party (including clients, contractors, or regulatory bodies) relating to content, data, or reports accessed through the Service

This indemnification obligation survives the termination of your account and these Terms.

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact Vortyk at legal@vortyk.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved without formal proceedings.

Binding Arbitration

If we cannot resolve a dispute informally, you and Vortyk agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver

YOU AND VORTYK AGREE THAT EACH PARTY 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the jurisdictional limits of small claims court.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any litigation not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware.

Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@vortyk.com within 30 days of first accepting these Terms. Your notice must include your name, account email, and a clear statement that you wish to opt out of arbitration.

Force Majeure

Vortyk shall not be liable for any failure or delay in performing its obligations under these Terms caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, power outages, cyberattacks, pandemics, or labor disputes.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Vortyk regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

Assignment

You may not assign or transfer your rights or obligations under these Terms without Vortyk's prior written consent. Vortyk may assign its rights and obligations without restriction.

No Waiver

Vortyk's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Vortyk.

Notices

We may provide notices to you via email to the address associated with your account or by posting on the platform. You may provide notices to Vortyk by email to legal@vortyk.com.

Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.