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Ditch Terms of Service

Effective date: August 20, 2026

These Terms of Service are an agreement between you and Viacopia LLC (“Viacopia,” “we,” “us,” or “our”), which operates Ditch.

These Terms apply to the Ditch websites, web application, mobile applications, APIs, and related services, including features made available through ditch.pro and app.ditch.pro (collectively, the “Service”).

By creating an account, accepting an invitation, accessing a workspace, purchasing a subscription, or otherwise using the Service, you agree to these Terms.

1. Who is entering this agreement

If you use Ditch for yourself through a personal workspace, “Customer” means you.

If you use Ditch for a company, contractor, property owner, organization, or other entity, “Customer” means that entity, and you represent that you have authority to accept these Terms on its behalf.

An “Authorized User” is a person whom the Customer permits to use the Service, including workspace owners, administrators, members, viewers, and jobsite-only crew members.

A separate written order form, enterprise agreement, data processing addendum, or other agreement signed by Viacopia controls if it expressly conflicts with these Terms.

You must be at least 18 years old and legally able to enter into this agreement.

2. Accounts and access

You must provide accurate account information and keep your credentials secure. You are responsible for activity performed through your account unless caused by a breach of Viacopia’s obligations.

Customers control access to their workspaces and jobsites. Workspace owners and administrators may:

  • invite or remove Authorized Users;
  • assign and change roles;
  • control jobsites, albums, and workspace settings;
  • manage subscriptions;
  • access and manage Customer Content within the workspace; and
  • take other actions allowed by their assigned permissions.

Jobsite invitations, QR codes, access codes, and shared links should be treated as confidential access credentials. You are responsible for distributing them only to authorized people and disabling them when access is no longer appropriate.

We may require additional verification, suspend a session, or revoke credentials if we reasonably believe an account or access method has been compromised or misused.

3. The Service

Ditch provides tools for capturing, uploading, storing, organizing, searching, reviewing, sharing, and reporting on jobsite photos, videos, documents, notes, and related information.

Features may include:

  • mobile photo and video capture;
  • jobsite and team organization;
  • timestamps, location information, and camera metadata;
  • albums and shared links;
  • search, maps, and activity views;
  • AI-assisted tags, summaries, classification, and questions;
  • document and plan processing;
  • exports and job reports; and
  • subscription, storage, and workspace administration.

Features, limits, and availability may vary by plan, device, geography, or release stage. We may modify or discontinue features, provided that we will give reasonable notice when a change materially reduces a paid Service where practical.

Unless a separate written agreement says otherwise, the Service has no guaranteed uptime, support-response time, data-residency commitment, or service-level agreement.

Preview, beta, experimental, or early-access features may be incomplete, change without notice, or contain additional errors.

4. Customer Content

“Customer Content” means photos, videos, documents, plans, notes, captions, messages, metadata, reports, and other information submitted to or generated from the Service for a Customer.

As between Customer and Viacopia, Customer retains its ownership and other rights in Customer Content.

Customer grants Viacopia a limited, nonexclusive, worldwide license to host, copy, normalize, transmit, display, analyze, index, secure, back up, and otherwise process Customer Content only as reasonably necessary to:

  • provide and operate the Service;
  • make Customer Content available to Authorized Users and recipients selected by Customer;
  • provide support;
  • maintain security and reliability;
  • prevent abuse;
  • comply with law; and
  • use controlled service providers that assist us in those activities.

This license does not permit Viacopia to use Customer Content for advertising or to train generalized AI models.

Company and team workspaces

Content submitted to a company or team workspace remains controlled by that workspace when an individual Authorized User leaves, is removed, or deletes their personal account.

Deleting an individual account does not automatically delete company jobsite records. Historical records may continue to identify the person who uploaded or created an item when that attribution is reasonably necessary for the Customer’s business records.

Personal workspaces

An individual controls the content in their personal workspace. Deleting the personal account will also schedule the personal workspace and its content for deletion, subject to the deletion and retention provisions below.

Your responsibilities

You represent that you have the rights, permissions, notices, and lawful basis required to submit and process Customer Content through Ditch.

This includes authority to capture or upload, where applicable:

  • people at a workplace;
  • private property and jobsite interiors;
  • precise location information;
  • plans, drawings, and copyrighted materials;
  • client or contractor information;
  • license plates, equipment identifiers, and addresses; and
  • workplace notes, incident information, or audio.

Do not upload Social Security numbers, complete payment-card information, protected health information regulated by HIPAA, export-controlled information, or other specially regulated data unless Viacopia has agreed in writing that the Service may be used for that purpose.

5. Shared albums and public links

Ditch allows Customers to create albums that may be accessed through a share link without requiring the recipient to create an account.

A shared album may display:

  • jobsite and album names;
  • team or company name;
  • the identity of the person who shared or uploaded content;
  • dates and timestamps;
  • jobsite location;
  • photo location information; and
  • downloadable jobsite records.

Albums may support optional password protection. A password reduces unauthorized access risk but does not guarantee confidentiality.

Anyone who receives a working share link or password may be able to view the album. Recipients may copy, download, screenshot, save, or forward content outside Ditch.

Customer is responsible for:

  • selecting content appropriate for sharing;
  • confirming that recipients are authorized;
  • protecting and revoking links and passwords;
  • understanding what information appears in the shared album; and
  • complying with contractual, confidentiality, privacy, and legal obligations.

Revoking a link prevents future access through Ditch but cannot retrieve copies already downloaded, captured, or forwarded by a recipient.

6. Stored records, location information, and AI features

Ditch stores normalized, full-resolution jobsite records. These files are not guaranteed to be byte-identical copies of the source file originally submitted by a device.

Ditch may separately retain structured information extracted from a source file, including timestamps, camera details, location, and other metadata.

Ditch does not guarantee that any record:

  • is original, unaltered, or complete;
  • establishes chain of custody;
  • is legally admissible;
  • proves that work was completed;
  • proves compliance with a code, contract, law, plan, or specification;
  • detects every defect, hazard, event, person, or condition; or
  • accurately represents the time, location, identity, or circumstances of capture.

AI and automated features may classify content, identify visible objects, generate tags or descriptions, summarize activity, answer questions, suggest reports, or identify possible safety or site conditions.

Automated outputs may be inaccurate, incomplete, misleading, or outdated. They are not legal, engineering, architectural, accounting, safety, code-compliance, inspection, employment, or other professional advice.

You must use qualified human judgment before relying on Ditch for safety, compliance, payment, contractual, engineering, legal, or other consequential decisions.

Viacopia does not use Customer Content to train generalized AI models and does not knowingly opt Customer Content into third-party provider training programs.

7. Acceptable use

You may not use the Service to:

  • violate a law, regulation, contract, court order, or third-party right;
  • upload content you do not have authority to use;
  • invade privacy or conduct unauthorized surveillance;
  • harass, discriminate against, threaten, or exploit another person;
  • make unlawful fully automated high-impact employment or worker decisions;
  • upload malware, destructive code, or harmful files;
  • probe, scan, test, or bypass security without written permission;
  • obtain access to another account, workspace, jobsite, album, or object without authorization;
  • scrape, copy, or extract data at unreasonable scale;
  • overload, disrupt, damage, or interfere with the Service;
  • misrepresent Ditch output as a certification or professional conclusion;
  • resell or provide the Service as a competing hosted product without permission; or
  • use the Service in a manner that creates material security, legal, operational, or reputational risk.

We may investigate suspected misuse and take proportionate action, including removing content, restricting a feature, disabling a link, suspending access, or terminating an account.

8. Fees, plans, and subscriptions

Some features require a paid subscription.

Prices, included features, storage limits, jobsite limits, album limits, and billing intervals are shown when you subscribe or change plans.

Unless otherwise stated:

  • paid plans are billed in advance;
  • applicable taxes are added where required;
  • subscriptions automatically renew at the selected monthly or annual interval;
  • you authorize Viacopia and its payment processor to charge the selected payment method for each renewal;
  • renewals continue until canceled;
  • plan changes may change the price, limits, and features shown before confirmation; and
  • exceeding a plan limit may restrict uploads, sharing, creation of new resources, or other functionality.

If we materially increase a recurring subscription price, the new price will apply at a future renewal after any notice required by law.

Trials and promotions

If we offer a trial, introductory price, discount, or promotion that converts to a paid subscription, the enrollment screen will state the conversion date and amount. The subscription will renew until canceled as disclosed at enrollment.

Cancellation

Workspace owners may cancel a web subscription through the online billing-management flow.

Cancellation stops future renewal and generally takes effect at the end of the current paid billing period. Paid access ordinarily continues through that date.

Canceling a subscription does not delete an account, workspace, jobsite, album, or Customer Content.

Refunds

Fees are generally non-refundable and we do not provide prorated refunds or credits, except:

  • where required by law;
  • where expressly included in an offer;
  • where required by an applicable app store; or
  • where Viacopia grants a refund or credit in its discretion.

Purchases made through an app store are also subject to that store’s billing, cancellation, and refund processes.

9. Third-party services

The Service relies on third-party providers for functions such as authentication, hosting, storage, analytics, payment processing, communications, maps, mobile distribution, and AI processing.

Your use of certain third-party features may also be governed by the provider’s terms.

Viacopia is not responsible for a third-party service outside our reasonable control, but we remain responsible for our obligations under these Terms and the Ditch Privacy Policy.

10. Confidentiality and security

We treat nonpublic Customer Content as Customer’s confidential information and use it only as described in these Terms and the Privacy Policy.

This obligation does not apply to information that:

  • Customer makes public, including through a shared album;
  • was lawfully known to us without a confidentiality obligation;
  • is received lawfully from another source;
  • is independently developed without Customer’s confidential information; or
  • must be disclosed by law.

We use reasonable administrative, technical, and organizational safeguards. No online service is completely secure, and we cannot guarantee that unauthorized access, loss, or misuse will never occur.

Enhanced security, audit, residency, retention, insurance, or incident-response commitments require a separate written agreement.

11. Viacopia property and feedback

Viacopia and its licensors own the Service, including its software, designs, interfaces, workflows, documentation, trademarks, and other technology.

These Terms give you a limited, nonexclusive, nontransferable right to use the Service during the applicable subscription or permitted free-use period.

Except where law prohibits restriction, you may not reverse engineer, copy, modify, distribute, sublicense, or create a competing service from protected portions of Ditch.

If you provide ideas, suggestions, or feedback, you grant Viacopia a perpetual, worldwide, royalty-free right to use that feedback without restriction or payment. This does not transfer ownership of Customer Content.

12. Suspension, termination, export, and deletion

You may stop using the Service at any time.

We may suspend or terminate access if:

  • you materially breach these Terms;
  • payment is overdue;
  • use is unlawful or unauthorized;
  • use creates a material security or operational risk;
  • suspension is required by law; or
  • continued service could harm Viacopia, a Customer, another user, or a third party.

Where practical, we will provide notice and an opportunity to resolve a curable issue.

Eligible Customers may request a practical export before ordinary workspace deletion or termination. Exports may contain Ditch’s normalized stored files rather than byte-identical source uploads.

Account deletion

An account-deletion request disables access and begins a 30-day reversal period. Unless canceled during that period, the deletion request is processed at the end of the period.

For company workspaces, personal account data is deleted or minimized while company-controlled business records may remain with the workspace, including necessary historical attribution.

For personal workspaces, account deletion also deletes the personal workspace and associated Customer Content.

Encrypted backups may retain deleted information until they age out through the normal backup cycle, generally within 90 days. Deleted accounts are not intentionally restored into production from backup.

We may retain limited records where reasonably necessary for security, fraud prevention, dispute resolution, legal compliance, billing, or tax obligations.

Removing a team member, deleting an account, canceling a subscription, deleting an album, deleting a project, and deleting a workspace are separate actions.

13. Copyright complaints

If you believe content available through Ditch infringes your copyright, send a notice to [email protected] that includes:

  • identification of the copyrighted work;
  • identification and location of the allegedly infringing material;
  • your contact information;
  • a statement that you have a good-faith belief the use is unauthorized;
  • a statement that the information in the notice is accurate and that you are authorized to act; and
  • your physical or electronic signature.

We may remove or restrict access to material and may terminate repeat infringers where appropriate.

14. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available.”

Viacopia disclaims implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, and any warranty arising from course of dealing or usage of trade.

We do not warrant that:

  • the Service will always be uninterrupted, secure, or error-free;
  • Customer Content will never be lost;
  • automated output will be accurate;
  • every upload will contain usable time or location information;
  • Ditch will detect every problem or condition;
  • a shared recipient will keep content confidential; or
  • Ditch will satisfy a Customer’s legal, contractual, safety, evidentiary, insurance, or regulatory requirements.

Some jurisdictions do not allow certain warranty disclaimers, so some exclusions may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law, Viacopia and its officers, employees, contractors, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, loss of goodwill, or loss of data, arising from or related to the Service.

Viacopia’s total aggregate liability arising from or related to the Service will not exceed the greater of:

  1. the amount Customer paid Viacopia for the Service during the 12 months before the event giving rise to the claim; or
  2. $100 if Customer used only a free Service.

These limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose.

They do not limit liability that cannot legally be limited, including liability for fraud or willful misconduct where applicable.

16. Indemnification

To the extent permitted by law, Customer will defend, indemnify, and hold harmless Viacopia and its officers, employees, and contractors from third-party claims, damages, judgments, liabilities, and reasonable legal expenses arising from:

  • Customer Content;
  • Customer’s violation of these Terms;
  • Customer’s violation of another person’s privacy, intellectual-property, property, or contractual rights; or
  • Customer’s unlawful or unauthorized use of the Service.

Viacopia will promptly notify Customer of a covered claim and reasonably cooperate in the defense. Customer may not settle a claim in a manner that admits wrongdoing by Viacopia or imposes an obligation on Viacopia without written consent.

17. Governing law and disputes

California law governs these Terms, without regard to conflict-of-law principles.

Before filing a claim, each party will provide written notice describing the dispute and requested resolution and will attempt in good faith to resolve it for at least 30 days.

If the dispute is not resolved, it must be brought in a state or federal court with jurisdiction over Nevada County, California, unless applicable law requires another location.

These Terms do not require mandatory arbitration and do not include a class-action waiver.

Either party may seek immediate injunctive or equitable relief where necessary to prevent unauthorized access, misuse, or infringement.

18. General terms

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.

You may not assign these Terms without our written consent, except in connection with a merger, reorganization, or sale of substantially all relevant assets. Viacopia may assign these Terms as part of a merger, reorganization, financing, or sale of the business or Service.

If a provision is unenforceable, it will be modified only as much as necessary, and the remaining provisions will remain effective.

Failure to enforce a provision is not a waiver.

Sections concerning Customer Content, fees, intellectual property, confidentiality, disclaimers, liability, indemnification, disputes, and general terms survive termination where their nature requires.

These Terms, the Privacy Policy, applicable order materials, and any signed written agreement form the entire agreement concerning the Service.

Electronic communications and records satisfy requirements that communications be in writing where permitted by law.

19. Changes and contact

We may update these Terms to reflect changes in the Service, law, security, or business practices.

We will provide reasonable notice of material changes when practical and may require recorded acceptance before continued use. Urgent legal or security changes may take effect sooner.

Questions and legal notices may be sent to:

Viacopia LLC
11260 Donner Pass Road, Suite C1, PMB 152
Truckee, CA 96161
Email: [email protected]