Effective Date: July 27, 2026
These Terms of Service describe the terms and conditions on which Kinsman, a brand of SignalQuest, LLC (“Kinsman”, “we”, “us”, or “our”) offers our Platform (defined below) to users (“you”, “your”, or “users”). For clarity, equipment/hardware sold by Kinsman is governed by our Standard Terms and Conditions of Sale, whereas to the extent you use our Platform in conjunction with such equipment/hardware, your use of our Platform is governed by these Terms.
By signing a purchase order or similar ordering document, by clicking an account registration submission or similar button, or by otherwise registering for, accessing or using our Kinsman-branded websites (including www.kinsmanpro.com) and Kinsman-branded software applications (collectively, our “Platform”), or accessing any content provided through the Platform, you agree to enter into a legally binding contract with Kinsman comprised of these Terms of Service (including any modifications made from time to time, the “Terms”). By accessing or using the Platform on behalf of an entity, such as in your capacity as an owner, administrator, employee, agent or representative of such entity, you represent that you have the authority to bind that entity to these Terms. If you (including any entity on whose behalf you are acting) do not agree to be bound by the Terms, do not click any account registration submission or similar button or otherwise register for, access or use the Platform.
Please read these Terms and our Privacy Policy carefully, including with respect to the following points:
We may amend the Terms by posting the amended version via the Platform. You agree that the foregoing will constitute sufficient and effective notice. By continuing to use the Platform after we post an amended version, you confirm your acceptance of the Terms as amended. If you do not agree with any of the changes, you must immediately delete your account as provided within the Platform and stop using the Platform, and your license to use the Platform will immediately terminate.
We typically make our Platform available to users pursuant to our contractual arrangements with businesses, who may include earthworks, construction and other enterprises (each a “Business”). The Business-specific portions of our Platform (such as software applications and data fields and interfaces used to collect, analyze and display project and jobsite information) are generally organized around customer-specific accounts (each an “Account”). Each Business is responsible for establishing, configuring, and administering its Account(s) that we provide to that Business in accordance with a paid or free Subscription Plan (as defined in Section 2.3 below). Subject to any limitations included in the applicable Subscription Plan (such as a limited number of user accounts), you may enable one or more authorized Platform users (each an “Authorized User”) to access all or part of your Account(s), in accordance with access configuration options that may be available within the Platform.
IF YOU ARE A BUSINESS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE, AND KINSMAN IS NOT RESPONSIBLE, FOR (1) THE ACTS AND OMISSIONS OF YOUR AUTHORIZED USERS, INCLUDING YOUR AUTHORIZED USERS’ COMPLIANCE WITH THESE TERMS, (2) ESTABLISHING AND ENFORCING ANY AGREEMENTS AND POLICIES WITH AUTHORIZED USERS GOVERNING THEIR MAINTENANCE OF THE CONFIDENTIALITY, PRIVACY, AND SECURITY OF CONTENT SUBMITTED OR UPLOADED TO THE ACCOUNT, OR OTHERWISE HOSTED WITHIN THE ACCOUNT, (3) ENSURING THAT THE SUBMISSION OR UPLOADING OF CONTENT TO THE ACCOUNT(S) AND HOSTING AND PROCESSING OF CONTENT WITHIN THE ACCOUNT(S) IS IN COMPLIANCE WITH ALL APPLICABLE LAWS, INCLUDING BUT NOT LIMITED TO APPLICABLE INTELLECTUAL PROPERTY AND PRIVACY LAWS, WHICH MAY REQUIRE OBTAINING CONSENTS, AUTHORIZATIONS, AND OTHER RIGHTS FROM OR PROVIDING NOTICES TO EMPLOYEES, CONTRACTORS AND THIRD PARTIES (SUCH AS EMPLOYEES AND CONTRACTORS WORKING ON PROJECTS OR AT JOBSITES AND OWNERS AND OCCUPIERS OF THE RELEVANT JOBSITE), AND (4) RESPONDING TO, DEFENDING AND RESOLVING ANY DISPUTES BETWEEN YOU AND YOUR AUTHORIZED USERS, OR INVOLVING ANY THIRD PARTIES CONCERNING CONTENT SUBMITTED OR UPLOADED TO, OR HOSTED WITHIN, THE ACCOUNT(S) OR PROCESSED BY THE PLATFORM. YOU ALSO AGREE THAT YOUR INDEMNIFICATION OBLIGATION IN SECTION 8.3 BELOW INCLUDES THE OBLIGATION TO INDEMNIFY, DEFEND AND HOLD HARMLESS KINSMAN ENTITIES FROM AND AGAINST ALL CLAIMS AND DEMANDS MADE BY ANY OF YOUR AUTHORIZED USERS CONCERNING OUR PLATFORM.
These Terms govern both paid and free subscription plans (“Subscription Plans”). Access to the Platform’s premium tools generally requires a paid Subscription Plan, although limited access may be provided on a free or reduced-cost basis for customers that purchase Kinsman hardware.
These Terms make reference to both our (or our licensors’) content that we provide and make available on the Platform (“Kinsman Content”) and any data, messages, relationships, text, numbers, formulas, documents, images, photos, audio, video and other information (including project and jobsite information) and materials uploaded to or stored, transmitted or otherwise processed by Platform users within the Platform (“User Content”).
All right, title and interest in and to our Platform, including Kinsman Content and related software tools, as well as Kinsman names, trademarks, logos, domain names, other distinctive brand features and other proprietary rights, but excluding User Content (collectively, “Kinsman IP”), are and will remain the exclusive property of Kinsman and its licensors. Kinsman IP is protected by copyright, trademark and other intellectual property laws. Except as expressly set forth in Section 6.2 of these Terms, nothing in these Terms gives you any right to use any Kinsman IP.
Users may upload User Content to the Platform, although we are not obligated to publish any content on our Platform and can remove it in our sole discretion, with or without notice. Each user is solely responsible for all User Content that they upload to the Platform, and represents and warrants: (i) that they are the owner of such User Content or otherwise have all necessary licenses, right, consents and permissions (including all permissions required under applicable privacy and intellectual property law) to upload such User Content to the Platform and to authorize us and other Platform users to access and use such User Content in connection with our providing the Platform and other users using the User Content on the Platform; and (ii) that such uploading, access and use does not and will not infringe, misappropriate or violate any third party’s intellectual property, privacy, publicity or other legal rights or violate any applicable law or regulation. Any use or reliance on any User Content accessed, used or obtained by you through the Platform is at your own risk. We do not endorse, support, represent or guarantee the appropriateness, validity, completeness, applicability, reliability or any other characteristic of any User Content uploaded to the Platform.
Availability: We will use commercially reasonable efforts to make the Platform available, excluding (a) scheduled downtime and (b) any unavailability caused by circumstances beyond our reasonable control.
Support: We may, at no additional charge, provide online documentation and tutorials about how to use the Platform.
Additional features and functionalities may depend on the specific terms of your Subscription Plan.
We reserve the right to restrict, suspend or terminate your access to or use of the Platform (including by restricting certain functionality or by removing, disabling or quarantining certain User Content) for any reason, including if we believe that you may be in breach of these Terms or applicable law or are otherwise misusing the Platform, or where we suspect or detect any such breach or misuse or any malicious software connected to your account or use of the Platform.
Your access to and use of the Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Platform or other actions that we, in our sole discretion, may elect to take, including discretionary changes to or discontinuation of all or any part of our Platform. In no event will we be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Platform, including any associated software or other materials supplied in connection with the Platform, shall be for us to use commercially reasonable efforts to effectuate an adjustment or repair.
You agree we may provide notices and messages to you, either within the Platform or sent to contact information you provide us. You agree to keep your contact information up to date. Where we make such settings available, please review your settings to adjust what messages you receive from us. We may need to provide you with certain communications, such as service announcements and administrative messages, that you are unable to opt-out of receiving.
You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. We shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
By providing your mobile number and requesting SMS communication, you consent to receive text messages regarding your support requests, orders, service inquiries, appointments, and other customer service communications.
By separately opting in to receive marketing SMS messages, you consent to receive recurring promotional text messages regarding Kinsman products, services, special offers, educational content, events, and company news.
Message frequency varies based on your interactions with us.
Message and data rates may apply. Carriers are not liable for any delayed or undelivered messages.
Consent to receive marketing text messages is not a condition of purchasing any goods or services.
For help, reply HELP or contact us at support@kinsmanpro.com. To opt out, reply STOP at any time. You will receive a confirmation message. No further messages will be sent.
Your privacy is important to us. Please review our Privacy Policy here: kinsmanpro.com/privacy-policy.
By opting in, you confirm you are the account holder or have the account holder’s permission to enroll and receive text messages.
Our Platform may allow sharing of content between and among Platform users. Content that you share or post may be seen by other Platform users or otherwise (including off of the Platform). Where we have made access-restriction settings available, we will honor the choices you make about who can see what content. Where certain content is specific to your Account(s), we will not knowingly share such content with Platform users who are not authorized to access such Account(s).
You understand that by using the Platform you may be exposed to content, including User Content, that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We generally do not review content provided by our users or others. You agree that we are not responsible for others’ (including other users’) content. We cannot always prevent misuse of our Platform, and you agree that we are not responsible for any such misuse. For additional terms concerning content uploaded by users, please see the “User Content” section above.
You are responsible for deciding if you want to access or use third-party sites or apps that link from our Platform. Third-party sites and apps have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, we are not responsible for these other sites and apps – use these at your own risk.
Any comments, suggestions and other feedback regarding the operation, usefulness and functionality of and potential improvements to or any other aspect of the Platform (collectively, “Feedback”) are entirely voluntary. We will be free to use, but not required to use, such Feedback as we see fit and without any obligation to you. Nothing in these Terms or in the dealings arising out of or related to these Terms will restrict in any way, or require us to compensate or credit you with respect to, our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback.
From time to time, we may offer access to beta, pilot, early-access, limited release, and other pre-release features or services (collectively, “Beta Features”). Beta Features are provided “as is” and “as available” without any warranties, support, maintenance, or service level commitments. We may change, suspend, or discontinue any Beta Feature at any time without notice or liability. Beta Features may contain bugs, errors, or other defects, and your use of any Beta Feature is at your sole risk. We make no representations that Beta Features will ever be made generally available, and we reserve the right to charge fees for Beta Features if and when they are made generally available. Any feedback you provide regarding Beta Features will be treated in accordance with Section 5.6 above. By using any Beta Feature, you agree that (a) you will not publicly disclose any information about the Beta Feature (including its existence, functionality, or your experience with it) without our prior written consent, and (b) any additional terms we provide with the Beta Feature will also apply to your use.
You are not eligible to use our Platform if: (1) you are under 13 years old; (2) we previously disabled your account for violations of our terms or policies; (3) you have not purchased or otherwise been granted authorized access to our Platform; or (4) you are prohibited from using our Platform under applicable laws. By agreeing to these Terms, you represent and warrant that you are not in violation of any of these eligibility requirements.
As long as you comply with these Terms, we grant you a non-exclusive, limited, revocable, personal, non-transferable right to access and use the Platform solely in connection with your accessing the content and using the software tools contained in the Platform for your personal and/or educational use only (“Permitted Uses”). If you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit or otherwise use any portion of the Platform, you may only do so using the interfaces (e.g., APIs, embed code features) and instructions that we provide, or, if we do not provide any such interfaces and instructions, then you may not do so at all. Otherwise, these Terms do not provide you with a license to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform or otherwise use or provide access to any portion of the Platform on third-party websites or otherwise.
Subject to the restrictions set forth in these Terms, you may view, copy, save, print, fax and email information from the Platform only as necessary for Permitted Uses.
To access certain Platform features, you will need to create a Platform user account. You are responsible for all action taken via your account.
When you register for an account, you may be required to provide us with some information about yourself, such as your name, email, role and contact information. We may use such information to validate your user profile, identity or Business affiliation, including by contacting your Business.
If you accept an invitation to join an Account that has been created within the Platform by a Business, you grant permission for your account information to be shared with the Business and, when you take certain actions within the Account, with other Authorized Users in connection with such actions.
You are responsible for safeguarding your login credentials. If you become aware of or suspect any unauthorized use of your account or unauthorized access to your login credentials, you must notify us immediately. You are also responsible for updating your account information.
To access some Platform features and functionalities, you may be required to pay fees in accordance with your Subscription Plan. All fees are in U.S. dollars and are non-refundable. If we change the fees for all or part of the Platform, including by adding fees or charges, we will provide you advance notice of those changes. If you do not accept the changes, we may discontinue providing the applicable part of the Platform to you. Our authorized third-party payment processor will charge the payment method you specified at the time of purchase. You authorize us to charge all fees as described in these Terms and the applicable Order Form to that payment method. If you pay any fees with a credit card, we may seek pre-authorization of your credit card account before your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
The Platform may include features that allow for automatically recurring payments for periodic charges (“Subscription Service”). If you decide to activate a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The Subscription Service will continue unless and until you cancel it or we terminate it. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). We may change the subscription fee for any subsequent subscription period but will provide you advance notice of any increase before it applies. You may cancel a Subscription Service through the settings for your Subscription Plan.
You agree that you will not engage in unacceptable use of the Platform. As part of that promise, you agree that in using the Platform you will not do any of the following, which is not an exhaustive list: violate any law (whether local, state, national, or international) or legal right, whether or not intentionally; harm, threaten to harm, stalk or otherwise harass any person or entity; upload any User Content that is unlawful, false or misleading, offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; falsely state or otherwise misrepresent your identity or your affiliation with any person or entity; “frame” or “mirror” any part of the Platform or otherwise engage in simulating the appearance or function of the Platform; upload anything that contains software viruses, worms, or any other harmful code; interfere with the operation of, or place an unreasonable load on, the Platform; override any security feature or bypass or circumvent any access controls or use limits of the Platform; forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt the Platform, or servers or networks connected to the Platform; reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source; rent, lease, loan, trade, sell/re-sell or otherwise monetize the Platform or related data or access to the same, without our consent; develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Platform or otherwise copy account information and other data from the Platform; monitor the Platform’s availability, performance or functionality for any competitive purpose; remove any copyright, trademark or other proprietary rights notices contained in the Platform; or engage in any other activity we deem to conflict with the spirit or intent of these Terms or that might endanger or violate the rights of others or give rise to liability.
Our Privacy Policy describes how we handle personal information that we collect through the Platform. You acknowledge and agree that through your use of the Platform you consent to the practices outlined in our Privacy Policy.
YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY CONTENT AVAILABLE THROUGH THE PLATFORM ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE PLATFORM AND ALL INFORMATION, DATA, FEATURES, CONTENT, SERVICES AND PRODUCTS ASSOCIATED WITH OR PROVIDED OR AVAILABLE THROUGH THE PLATFORM (COLLECTIVELY REFERRED TO IN THIS SECTION 8 AS THE “PLATFORM”) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. KINSMAN AND ITS AFFILIATES AND THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, LICENSORS, DISTRIBUTORS AND SUPPLIERS (COLLECTIVELY, THE “KINSMAN ENTITIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PLATFORM; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PLATFORM, INCLUDING HARM THAT MAY RESULT FROM VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS (INCLUDING USER CONTENT) MAINTAINED BY KINSMAN; AND (IV) MEETING ANY REQUIREMENTS YOU MAY HAVE THAT THE PLATFORM BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THE KINSMAN ENTITIES EXPRESSLY DISCLAIM ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE KINSMAN ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING TO (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM, INCLUDING ANY CONTENT AND OTHER COMMUNICATIONS (INCLUDING USER CONTENT) MAINTAINED BY KINSMAN; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY (INCLUDING, OTHER REGISTERED USERS) ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; (III) ANY CONTENT PROVIDED OR AVAILABLE THROUGH THE PLATFORM (INCLUDING USER CONTENT); OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE KINSMAN ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FOR THE PLATFORM, IF ANY, IN THE PAST SIX MONTHS FOR THE SUBSCRIPTION PLAN ASSOCIATED WITH THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE KINSMAN ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Kinsman Entities from and against any and all claims and demands made by any third party due to or arising out of: (a) your access to or use of the Platform; (b) your breach of these Terms; (c) your violation of any law or the rights of a third party; (d) any dispute or issue between you and any third party (including other Registered Users and Visitors); (e) any User Content you upload to, or otherwise make available through, the Platform; (f) your negligence and willful misconduct; and (g) any other party’s access to and/or use of the Platform using your account or login credentials. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
Businesses may end their legal agreement with us in accordance with any termination, cancellation or non-renewal rights set forth in the purchase order or similar ordering document that incorporates these Terms.
Individual users may end their legal agreement with us at any time by deactivating their account and discontinuing their use of the Platform.
We may suspend or terminate your account or cease providing you with all or part of the Platform at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Platform to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your Account or the next time you attempt to access your account, depending on the circumstances.
Sections 2.2, 3, 4, 5.5, 5.6, 5.7, 6.5, 8 and 10 will survive termination of these Terms.
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will be posted at kinsmanpro.com/terms-conditions. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Platform after revisions become effective, you agree to be bound by the revised Terms.
You and we agree that these Terms and any dispute of any nature that might arise between you and us will be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to its conflict or choice of laws principles. You and we agree that any action at law or in equity that relates to the subject matter of these Terms shall be filed, and that venue properly lies, only in the federal or state courts located in the State of New Hampshire, respectively, and you and we expressly consent and submit to the exclusive and personal jurisdiction of such courts for the purposes of litigating such action.
In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Nothing in these Terms restricts our ability to assign or otherwise transfer any of our rights, or delegate or otherwise transfer any of our obligations or performance, under these Terms.
These Terms are an agreement between you and Kinsman. Should you have questions regarding these Terms, please contact us at support@kinsmanpro.com.
