Terms

Terms of Service

Version 2026-10-22. Last updated October 22, 2026.

These Terms of Service are a contract between CutFill Ltd, a Colorado limited liability company ("CutFill," "we," "us"), and the business that orders the service and each person who uses it ("you"). They cover the CutFill web application, the CutFill mobile application, the CutFill APIs, and the related sites and services we operate (the "Service").

The Service is business software for excavation, dirt-work, and grading contractors. It is not a consumer product. If you accept these terms for a company, you represent that you have authority to bind that company, and "you" includes that company and the people it allows to use the Service.

You must accept these terms before an invitation is completed and before you use the Service. Checking the acceptance box is your electronic signature. Opening a link, browsing cutfill.io, or receiving an email is not acceptance. If you do not agree, do not accept an invitation and do not use the Service.

The current version is posted at cutfill.io/terms and inside the Service. If we publish a new version, use of the Service stops until you accept that version. A signed order or other written agreement controls only where it expressly names a section of these terms and says that it overrides that section.

The Service, and what it is not

The Service helps a contractor run day-to-day work: jobs, crews, equipment, time, notes, maps, and the modules on the account. Records in the Service, including quantities, grade information, time, locations, weather, and map marks, are operational records. They come from what users enter and from third-party data. They are not certified pay quantities, a survey, a legal description, an engineered design, or professional advice.

CutFill is not your contractor, engineer, land surveyor, lawyer, accountant, payroll processor, safety manager, utility locator, or insurer. We do not control your jobsites, your means and methods, or your decisions. You are solely responsible for jobsite safety, for complying with law, and for any notice or consent required before you track location, time, photos, or other worker activity.

Time entries are not a payroll register and not a certified time clock. You will review them before you rely on them to pay anyone. You are solely responsible for wage-and-hour, prevailing-wage, union, tax, and employment-law compliance. Map marks, hazard notes, and weather shown in the Service are only as good as the input and the third-party source. They are not a substitute for a utility locate, an 811 request, or your safety program.

Accounts and security

An account is opened when CutFill provisions it for you or through another process we offer. Company administrators invite the people who use it. Each person must accept these terms before that invitation is completed. A company CutFill sets up at your request is covered by these terms when an authorized person accepts them. Nobody on the account may use the Service before that acceptance.

You are responsible for activity under your account, including employees, contractors, shared station devices, and anyone you allow onto a seat. Keep passwords and station codes confidential. Tell us at security@cutfill.io if you believe an account is being misused. We may refuse a name, suspend access, or require a credential change to protect the Service.

You must be at least 18, and the account must be for a business. You will keep the account email accurate. The Service is offered for use by United States businesses. You are responsible for local law if people access it from somewhere else.

Acceptable use

You will not:

• break the law, or use the Service to break employment, privacy, safety, or export law
• upload malware or content you do not have the right to upload
• probe, scan, or overload the Service, or reverse engineer it except where the law forbids that limit
• resell the Service or use it to build a competing product
• share seats in a way that hides who is using the Service, or let an unaccepted user in

We may investigate misuse and suspend or end access. We may remove content that we reasonably believe violates these terms or the law.

Fees and automatic renewal

Fees are the prices on your order, the pricing page you bought from, or your invoice, for the plan, modules, and seats on the account. Subscriptions are billed in advance monthly or yearly, as selected. Taxes are extra and you pay them. Payment is processed by our payment processor. You authorize us to charge the payment method on the account. If a charge fails, we may suspend the Service until it succeeds.

AUTOMATIC RENEWAL. YOUR PAID SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH PAID TERM FOR ANOTHER TERM OF THE SAME LENGTH, UNLESS YOU CANCEL BEFORE THAT RENEWAL. A RENEWAL TERM WILL NOT BE LONGER THAN ONE YEAR UNLESS YOU GIVE SEPARATE EXPRESS WRITTEN CONSENT TO A LONGER RENEWAL. THE RECURRING CHARGE IS THE SUBSCRIPTION FEE THEN IN EFFECT FOR YOUR PLAN, ADD-ON MODULES, AND SEATS, PLUS TAXES. A PRICE CHANGE APPLIES ON THE NEXT RENEWAL AFTER WE GIVE YOU NOTICE. FEES ALREADY PAID ARE NOT REFUNDED EXCEPT WHERE THESE TERMS OR THE LAW REQUIRE A REFUND. CANCELLATION STOPS THE NEXT RENEWAL. IT DOES NOT END THE CURRENT PAID TERM EARLY AND IT DOES NOT REFUND THAT TERM. THE CURRENT PAID TERM STAYS AVAILABLE UNTIL IT ENDS, UNLESS WE END THE ACCOUNT FOR BREACH.

A company administrator can stop future billing while signed in, from Account, then Billing, then the stop-billing page. An administrator can also email support@cutfill.io from the account email and ask to stop future billing. We will email the account billing contact at least once each year, before a renewal is charged, stating that the subscription renews, when it renews, and how to cancel.

Your data

You keep ownership of the data you and your users submit ("Customer Data"). You grant CutFill a non-exclusive license to host, copy, process, transmit, display, and back up Customer Data only to provide, secure, and support the Service, to prevent abuse, and to meet legal duties. You represent that you have the rights and the permissions to submit Customer Data, including personal information about workers and photos from jobsites.

You are responsible for the accuracy of Customer Data and for the records the law requires you to keep. Retention, purge, and legal-hold settings on the account can delete or preserve data. Those settings are yours. Do not use the Service as the only copy of anything you cannot afford to lose.

While the account is active, and for 30 days after a cancellation that is not for your breach, you may export Customer Data with the export tools we make available. After that window we may delete Customer Data from active systems. Backups we keep for our own operations are not your archive. A backup may be incomplete, delayed, or already aged out. We do not promise that any record can be restored.

The privacy policy at cutfill.io/privacy describes the public website. Questions about account data go to legal@cutfill.io. We will keep administrative, technical, and physical safeguards appropriate to a business software service of this kind. We do not guarantee that unauthorized access will never happen. If we confirm unauthorized access to Customer Data that we host, we will notify the account owner without undue delay, unless the law or a law-enforcement request delays that notice.

Third-party services

The Service depends on third parties we do not control. That includes sign-in, payment processing, email delivery, hosting, file storage, maps and imagery, weather data, push notifications, app stores, and optional connections you turn on, such as accounting software. Those services have their own terms. An integration you enable is also an agreement between you and that provider.

We do not control, and we are not responsible for, a third-party service, its availability, its outages, its changes or shutdown, its security, its data practices, or the accuracy of data it supplies, including weather, maps, location, and accounting records. A third-party failure is not a breach by CutFill and is not downtime we owe you a remedy for. We may change or turn off an integration. To the extent the law allows, your remedy for a third-party failure is against that third party. We are not liable for decisions you make from third-party data shown in the Service.

Availability, maintenance, and downtime

We work to keep the Service available. We do not promise that it will be. The Service may be unavailable, slow, or wrong during maintenance, upgrades, emergency work, capacity limits, a failure of our providers, a failure of the internet, or an event outside our reasonable control. We may change, suspend, or discontinue a feature. Emergency maintenance may happen without notice.

The mobile app can be used with a weak or missing connection. An entry made offline can fail to sync, can conflict with another entry, and can be lost if the device is lost, reset, or the app is removed before a successful sync. You accept that risk.

UNLESS A SEPARATE WRITTEN SERVICE LEVEL AGREEMENT SIGNED BY CUTFILL SAYS OTHERWISE, CUTFILL HAS NO UPTIME COMMITMENT AND NO SERVICE-CREDIT OBLIGATION. CUTFILL IS NOT LIABLE FOR DOWNTIME, INTERRUPTION, DELAY, OR FOR DATA THAT IS LOST, DELAYED, OR UNSYNCED BECAUSE THE SERVICE OR A THIRD-PARTY SERVICE WAS UNAVAILABLE. IF YOU ARE NOT SATISFIED WITH AVAILABILITY, YOUR REMEDY IS TO STOP USING THE SERVICE AND CANCEL AS THESE TERMS ALLOW.

Trial and preview features

Features labeled beta, preview, trial, or evaluation are provided as-is. They may change or disappear, and they are outside any commitment we otherwise make. A free or discounted period can end or convert to a paid renewal as disclosed when it starts.

Intellectual property

CutFill and its licensors own the Service, the software, the designs, and the documentation. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during a paid term, for your internal operations, within the plan you bought. We grant no other rights. You will not copy the Service or remove proprietary notices.

If you send us feedback, we may use it without restriction or payment. We may use your company name and logo to identify you as a customer. You can opt out by emailing legal@cutfill.io.

If a third party claims that the unmodified Service infringes a United States copyright, trademark, or patent, we may obtain the right for you to keep using it, change it, or stop the affected part and refund prepaid unused fees for that part. That is your exclusive remedy for an infringement claim against the Service. We have no obligation for a claim caused by Customer Data, by combining the Service with something we did not provide, by a modification, or by continued use after we tell you to stop. Any other amount we owe for an intellectual-property claim is subject to the liability cap below.

Confidentiality

Each party will protect the other party's non-public business information with reasonable care and use it only to carry out these terms. Customer Data is your confidential information. This duty does not cover information that is public through no fault of the receiver, already known, independently developed, or rightfully received from someone else. A party may disclose information if the law compels it and, when legally allowed, will give the other party notice. This section survives termination.

Warranty disclaimer

THE SERVICE, INCLUDING ALL DATA, OUTPUT, FORECASTS, MAPS, LOCATIONS, TIME RECORDS, AND THIRD-PARTY SERVICES, IS PROVIDED "AS IS" AND "AS AVAILABLE." CUTFILL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CUTFILL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DATA WILL NOT BE LOST OR CORRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY OPERATING, SAFETY, OR FINANCIAL RESULT. YOU USE FIELD RECORDS, QUANTITIES, TIME, LOCATION, AND THIRD-PARTY DATA AT YOUR OWN RISK.

Limitation of liability

The plain-language summary of this section is: CutFill is not liable for indirect or consequential damages, including lost data, lost profits, downtime, and third-party failures, and CutFill's total liability is capped at the fees you paid for the Service in the 12 months before the claim. If this summary and the capitalized text differ, the capitalized text controls.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUTFILL AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND CONTRACTORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, FAILED BID, JOBSITE DELAY, WAGE CLAIM, OR SIMILAR LOSS, WHETHER OR NOT CUTFILL WAS ADVISED OF THE POSSIBILITY, AND WHETHER THE CLAIM IS IN CONTRACT, TORT, STATUTE, STRICT LIABILITY, OR OTHERWISE. THIS EXCLUSION INCLUDES LOSS, CORRUPTION, DELETION, FAILED SYNC, FAILED EXPORT, OR INABILITY TO RESTORE CUSTOMER DATA OR ANY OTHER DATA, AND IT INCLUDES DOWNTIME AND ANY ACT OR OMISSION OF A THIRD-PARTY SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUTFILL'S TOTAL LIABILITY ARISING OUT OF THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID CUTFILL FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE CLAIM. IF YOU PAID NOTHING DURING THAT PERIOD, THE CAP IS ONE HUNDRED U.S. DOLLARS. THE CAP IS AN AGGREGATE CAP FOR ALL CLAIMS TOGETHER. IT APPLIES TO DOWNTIME, LOST DATA, SECURITY INCIDENTS, THIRD-PARTY SERVICES, AND EVERY THEORY OF RECOVERY. IT IS NOT ENLARGED BY MULTIPLE CLAIMS. THESE LIMITS ARE A BASIS OF THE BARGAIN, AND THE FEES REFLECT THEM.

THE CAP AND THE DAMAGE EXCLUSIONS DO NOT APPLY TO YOUR OBLIGATION TO PAY FEES, YOUR INDEMNITY OBLIGATIONS, A PARTY'S FRAUD OR WILLFUL MISCONDUCT, OR A LIABILITY THAT THE LAW DOES NOT ALLOW TO BE LIMITED. IF A COURT DOES NOT ALLOW A DAMAGE EXCLUSION, THE CAP STILL APPLIES TO THAT CLAIM TO THE MAXIMUM EXTENT THE LAW ALLOWS. IF A LIMIT IN THESE TERMS IS HELD UNENFORCEABLE, THE REST OF THESE TERMS, INCLUDING THE REMAINING LIMITS, STAY IN EFFECT.

Your indemnity

You will defend CutFill and its members, managers, employees, and contractors against any third-party claim, and you will pay the damages, losses, and reasonable legal fees, arising out of Customer Data, your use of the Service, your jobsites, your employment or wage practices, your location or monitoring practices, your violation of these terms or the law, a connection you enable, or a dispute between you and your workers or customers. We will give you prompt notice of the claim. You will not settle a claim in a way that admits fault by CutFill or puts a duty on CutFill without our prior written consent. This indemnity is not limited by the liability cap.

Suspension and termination

You may cancel as the fees section describes. We may suspend or end the Service for nonpayment, a threat to the Service or to other customers, a material breach that you do not cure within 15 days after notice (or immediately if the breach cannot be cured), or a legal requirement. When the Service ends, your license ends. Sections that by their nature should survive do survive, including fees owed, data, intellectual property, confidentiality, disclaimers, liability limits, indemnity, and disputes. We may delete Customer Data after the export window.

Force majeure

Neither party is liable for a delay or failure caused by something beyond its reasonable control, including a third-party outage, an internet or hosting failure, a utility failure, a labor dispute, an act of God, or government action. Your duty to pay fees is not excused. If a force-majeure event keeps us from providing the Service for 30 days in a row, you may cancel and we will refund prepaid unused fees for the remaining days of that term.

Disputes

Before filing a claim, you will email legal@cutfill.io and try to resolve the dispute for 30 days. That wait does not apply to a request for an injunction to stop misuse or infringement of intellectual property.

Colorado law governs these terms, without regard to conflict-of-law rules. The state courts of Colorado sitting in the City and County of Denver, and the federal courts for the District of Colorado, have exclusive jurisdiction, and you consent to personal jurisdiction there. CutFill may seek injunctive relief in any court of competent jurisdiction.

EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS. NO PARTY MAY BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. TO THE EXTENT THE LAW ALLOWS, A CLAIM ARISING OUT OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM ACCRUES, OR IT IS BARRED.

Copyright complaints

If you believe content in the Service infringes a copyright you own, email legal@cutfill.io with your contact information, the work you claim is infringed, the material you want removed and where it appears, a statement that you have a good-faith belief the use is not authorized, and a statement under penalty of perjury that the notice is accurate and that you are the owner or the owner's agent. We may remove the material and, where appropriate, end the accounts of repeat infringers.

Other terms

These terms are the entire agreement on their subject, except for an order or other writing that expressly overrides a named section. You may not assign these terms without our consent, except to a successor of all or substantially all of your business. We may assign them to an affiliate or a successor. A waiver must be written. There are no third-party beneficiaries. The Service is commercial computer software. You will comply with export law and will not use the Service in a sanctioned country or for a prohibited end use.

Notices to CutFill go to legal@cutfill.io and to CutFill Ltd, PO Box 400, Bailey, CO 80421. Notices to you go to the email on the account. You consent to electronic records and electronic signatures under the federal E-SIGN Act and the Colorado Uniform Electronic Transactions Act. Headings are for convenience.

Questions about these terms go to legal@cutfill.io. Product support goes to support@cutfill.io. Sales questions go to sales@cutfill.io.