These Terms of Service ("Terms") are an agreement between NEOVEKK LLC, a Michigan limited liability company ("Neovekk", "we", "us"), and the business that uses Neovekk ("Customer"). They also apply to each person who uses Neovekk through an invite ("you"). They cover the Neovekk website, the Neovekk app and related services (together, the "Service").
By accepting an invite or using the Service you agree to these Terms and to our Privacy Policy. If you use the Service for a company, you confirm that you are allowed to do so on its behalf. If you do not agree, do not use the Service.
1. The Service
Neovekk helps teams keep a visual record of buildings: equipment and its QR labels, photos and 360° Photo Spheres, documents, floor plans, notes, Projects and the history of work. We set up each commercial Customer during a controlled rollout. Residential features described on our website are a future direction and are not part of the Service unless an Order says otherwise.
We may change, improve or remove features. We will not materially reduce the core features of a paid subscription during its paid term without telling the Customer first.
2. Orders, pilots and fees
- Orders. A Customer's access, pilot terms and fees are set in an order form, proposal, statement of work or invoice that we agree with the Customer (an "Order"). If an Order conflicts with these Terms, the Order controls for that Customer.
- Pilots. A pilot may be free or reduced in price. Its scope and length are set in the Order. Unless the Order says otherwise, either party may end a pilot at any time, and pilots are provided as they are, without any commitment of availability or support.
- Fees and payment. The Customer pays the fees in its Order. Unless the Order says otherwise, invoices are due within 30 days, and fees do not include taxes, which the Customer pays (other than taxes on our income). The website does not take payments or renew subscriptions automatically; renewals follow the Order.
- Late payment. If an invoice is more than 30 days overdue, we may suspend the Customer's access after giving written notice, until it is paid.
3. Accounts and invites
- Invitation only. We set up each Customer's first owner. The Customer's owners and administrators invite everyone else (staff, contractors and viewers) and decide what each person can access.
- Agreement at invite. To accept an invite you must agree to these Terms and the Privacy Policy. We record which version you agreed to and when.
- Your account. Give accurate information, use your own account only, keep your password private, and tell us promptly at support@neovekk.com if you think someone else has used your account. We recommend turning on two-step sign-in. You must be at least 18 years old to use the Service.
- The Customer's responsibilities. The Customer is responsible for the people it invites and what they do in the Service, for the access it grants (including contractor and temporary access), for what its QR labels show to people who are not signed in, and for removing access when someone no longer needs it.
4. Acceptable use
You and the Customer must not:
- break the law or anyone's rights, or upload content you do not have the right to share;
- upload viruses, malware or other harmful code;
- access, or try to access, records, accounts or systems you are not authorized to use, or bypass access controls, rate limits or usage limits;
- probe or test the Service for vulnerabilities except under the guidelines on our Security page;
- interfere with or overload the Service, or collect data from it with automated tools other than the exports and features we provide;
- copy, resell or reverse engineer the Service (except as the law allows), or use it to build a competing product;
- store payment card numbers, government identification numbers or health records in the Service, which is not designed for them;
- use a Neovekk label or public page as a safety sign, a lockout/tagout device or the only source of safety information.
We may remove content or suspend accounts that break these rules.
5. Customer data
- Ownership. "Customer Data" means the records, files and other content the Customer and its users put into the Service. The Customer owns its Customer Data. Records a user creates for a Customer belong to that Customer and stay with it when the user leaves or deletes their account.
- Our permission to use it. The Customer gives us a non-exclusive, worldwide permission to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, to follow the Customer's instructions and to comply with the law. We process Customer Data on the Customer's behalf.
- The Customer's responsibilities. The Customer is responsible for the accuracy of its Customer Data and for having the rights, notices and permissions needed to put it into the Service, including photos of people and building information covered by other agreements.
- Technical data. We may use technical and usage information that does not identify the Customer or any person, such as page-speed measurements, to operate and improve the Service.
- Personal information. Our Privacy Policy describes how we handle personal information.
6. Export and deletion
- Users. Each user can download their own account data and delete their account at /account/data.
- Customers. Location administrators can export a location's records (as CSV files in a ZIP) and download its files from the app at any time during the term.
- When a Customer leaves. If the Customer asks within 30 days after its access ends, we will help it export its Customer Data. After that we may delete Customer Data, except copies the law requires us to keep. Copies in our providers' backups are deleted on their normal schedule.
7. Confidentiality
Each party will keep the other's non-public information that it receives through the Service or the Order confidential, use it only for this agreement, and share it only with people who need it for this agreement and are bound to keep it confidential. Customer Data is the Customer's confidential information. This does not apply to information that is or becomes public through no fault of the receiving party, that it already knew or developed independently, or that it received lawfully from someone else without a duty of confidentiality. A party may disclose confidential information when the law requires it, after telling the other party first where the law allows.
8. Security
We protect Customer Data with the safeguards described on our Security page and will keep reasonable safeguards in place during the term. If we learn of a security incident affecting a Customer's data, we will tell that Customer's administrators without undue delay and share what we know. No system is perfectly secure.
9. Our property and feedback
We own the Service, its software, designs and the Neovekk name and logo. During its term the Customer and its users may use the Service under these Terms; no other rights are granted. If you send us ideas or feedback, we may use them without any obligation to you.
10. Other services
The Service relies on providers such as Supabase and Vercel, and may link to websites run by others. We are not responsible for other websites or services we do not control.
11. What Neovekk is, and is not
- Neovekk records what people captured and supplied: photos, files, notes and their dates and authors. It is not a building information model (BIM), a survey, an inspection, an engineering analysis, a code review or an as-built certification, and it is not engineering, architectural, legal or safety advice.
- We do not guarantee that any record is complete, accurate or current, that anything shown is safe, compliant with codes or reusable, or that using Neovekk will save time or money.
- Photos and their details (such as time and location) come from users' devices and can be wrong. We do not verify them.
- Qualified professionals must inspect and verify conditions before anyone relies on them for design, construction, maintenance or safety decisions. Always follow lockout/tagout and other safety rules.
- Work saved on a device for offline use can be lost if the device or its storage is lost or cleared before it uploads.
- We do not guarantee the durability of printed labels or that they can be scanned in every condition.
12. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy. We do not promise that the Service will be uninterrupted, error-free or free of harmful components, or that data will never be lost.
13. Limitation of liability
To the fullest extent the law allows:
- neither Neovekk nor its members, employees or providers will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if told they were possible; and
- our total liability arising out of or relating to the Service or these Terms will not exceed the greater of the fees the Customer paid us for the Service in the 12 months before the event that gave rise to the claim, or US$100.
These limits do not apply where the law does not allow them to.
14. Indemnity
The Customer will defend Neovekk against claims by third parties arising from its Customer Data or from its or its users' breach of section 4, and will pay the resulting damages, costs and reasonable attorneys' fees that a court awards or that the Customer agrees to in a settlement. We will tell the Customer promptly about the claim and let it control the defense, and the Customer will not settle a claim in a way that admits fault for us without our consent.
15. Suspension and termination
- Suspension. We may suspend all or part of the Service if needed to prevent harm or a security risk, to comply with the law, if an account seriously breaks these Terms, or as described in section 2 for late payment. We will give notice when we reasonably can and restore access once the problem is resolved.
- Termination. The Customer's subscription ends as its Order says. Either party may end the agreement if the other materially breaches it and does not fix the breach within 30 days after written notice. Pilots may end as described in section 2.
- Users. Customer administrators can remove a user's access at any time, and users can delete their own account.
- After termination. Access ends, fees already owed remain due, the export period in section 6 applies, and sections 5 through 7 and 9 through 17 continue to apply.
16. Governing law and disputes
These Terms are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws rules. Before filing a claim, each party will try in good faith to resolve the dispute by contacting the other for at least 30 days. Any lawsuit must be brought in the state or federal courts located in Michigan, and each party consents to their jurisdiction. Either party may ask any court for urgent relief to protect its confidential information or intellectual property.
17. Changes to these Terms
We may update these Terms. We will post the new version here with a new effective date and, for changes that materially affect Customers, tell Customers' administrators at least 30 days before the change takes effect. We may ask you to agree to the new version. Continuing to use the Service after a change takes effect means accepting it. If a Customer does not accept a material change, it may end its subscription before the change takes effect, and we will refund any prepaid fees for the remaining period.
18. General
- Entire agreement. These Terms, the Order and the Privacy Policy are the whole agreement about the Service and replace earlier discussions about it.
- Assignment. Neither party may transfer this agreement without the other's consent, except to a successor in a merger, acquisition or sale of substantially all of its business or assets.
- Events beyond control. Neither party is liable for delays or failures caused by events beyond its reasonable control, other than the Customer's obligation to pay.
- Notices. Notices to us go to support@neovekk.com or to the mailing address below. Notices to a Customer go to the email address of its account owner or the contact in its Order.
- Other terms. If a provision cannot be enforced, the rest still applies. Not enforcing a provision is not a waiver of it. The parties are independent contractors, and these Terms give no rights to anyone else. Each party will comply with export control and sanctions laws that apply to its use of the Service.
Contact us
- NEOVEKK LLC, 13166 Imlay City Rd, Emmett, MI 48022, United States
- support@neovekk.com