Terms of Service

What SiteSetter is

SiteSetter is a web-based tool for preliminary site planning and feasibility analysis: tracing parcels, testing building layouts, and estimating metrics such as building area, parking, coverage, detention and earthwork (the "Service"). We may add, change or remove features at any time, and we may suspend or discontinue the Service, in whole or in part, without notice.

A screening tool, not a stamped plan

SiteSetter output is a preliminary estimate. It is not an engineering, surveying, architectural, legal, zoning or financial work product.

Layouts, quantities, setbacks, parcel boundaries, flood, utility, traffic, workforce and other figures are generated automatically, often from third-party data, and may be incomplete, outdated or wrong. You are solely responsible for verifying anything you rely on with qualified, licensed professionals and the authorities having jurisdiction before making any investment, purchase, design, permitting or construction decision.

Your account

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to give accurate sign-up information, keep your credentials confidential, and tell us promptly about any unauthorized use of your account. You are responsible for everything done under your account. If you use the Service for a company, you represent that you are authorized to accept these terms on its behalf, and "you" includes that company.

We may refuse, suspend or close any account at our discretion, including for a breach of these terms.

What you put in stays yours

You keep ownership of the projects, drawings, files, notes, comments and other material you create or upload ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display Your Content only as needed to operate, secure and improve the Service and to provide it to you and the people you choose to share it with (for example, teammates or a share link).

You represent that you have the rights needed to upload Your Content and that it does not infringe anyone's rights or break any law. You are responsible for backing up anything important; we do not guarantee that Your Content will never be lost.

What stays ours

The Service, including its software, source and object code, algorithms, layout and solving logic, designs, text, graphics, logos and the SiteSetter name, is owned by Austin Anfinson and protected by copyright, trade secret and other laws. Subject to these terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service through its normal interface for your own business purposes. All rights not expressly granted are reserved.

Plans, exports and reports you generate are yours to use in your own work, but that does not give you any right in the software that produced them.

What you may not do

You agree not to, and not to help anyone else to:

• Copy the software. Copy, download for reuse, modify, translate or create derivative works of the Service or any part of its code.
• Reverse engineer it. Decompile, disassemble, deobfuscate or otherwise try to derive the source code, algorithms or structure of the Service, except where the law expressly allows it despite this restriction.
• Build a competitor. Use the Service, its code or its output to build, train or benchmark a competing product or service.
• Scrape or overload it. Access the Service by automated means other than the interfaces and connectors we provide, or interfere with or overload its servers.
• Get around its limits. Bypass access controls, feature restrictions, rate limits or security measures, or access accounts or data that are not yours.
• Resell it. Sell, rent, sublicense or offer the Service to third parties as a service.
• Misuse it. Upload malware, or use the Service for anything unlawful, infringing, fraudulent or harmful.

Data and services from others

The Service displays and uses data and services from third parties, including county and state parcel records, OpenStreetMap contributors (© OpenStreetMap contributors, available under the Open Database License), the U.S. Census Bureau, FEMA, USGS, the Railroad Commission of Texas, and map and imagery providers. That material belongs to its owners, is subject to their terms, and is provided without any warranty from us. We are not responsible for its accuracy, availability or changes.

If you connect the Service to your own AI assistant (for example, Claude or ChatGPT) or sign in with a third-party account, your use of that product is governed by its provider's terms, and you are responsible for what you direct it to do in the Service.

Suggestions

If you send us ideas, suggestions or feedback, you agree we may use them freely, without any obligation to you.

No warranties

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, secure or error-free, or that any result will be accurate or suitable for any purpose.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SITESETTER AND AUSTIN ANFINSON WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR INVESTMENT OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM AND ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Claims caused by your use

You agree to defend, indemnify and hold harmless SiteSetter and Austin Anfinson from any claims, damages, losses and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Service, any decision made in reliance on its output, or your breach of these terms.

Ending the agreement

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including a breach of these terms. You keep ownership of Your Content after termination, and sections 5, 6 and 8 through 14 survive it.

Governing law

These terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules. Any dispute arising out of or relating to these terms or the Service will be brought exclusively in the state or federal courts located in Texas, and you consent to their personal jurisdiction and venue.

The rest

We may update these terms from time to time. When we do, we will change the effective date above, and material changes will be announced in the Service or by email. Continuing to use the Service after a change means you accept the new terms.

These terms, together with our Privacy Policy, are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets.

Questions about these terms: use the contact form on the home page.