Terms and Conditions

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Version: 1.3 
Effective Date: February 2, 2026 

1. Introduction 

These Terms and Conditions ("Agreement") govern the access to and use of Compactica’s intelligent compaction system, including all associated hardware (the "Compactica Box"), software platform, data processing, analytics, reporting tools, documentation, and support services (collectively, the "Product"). 

By installing, accessing, or using the Product, the client ("Client") agrees to be bound by this Agreement. If the Client does not agree, the Product must not be used. 

2. Scope of Service 

Compactica provides access to a software-as-a-service platform supported by field-installed hardware that collects, processes, and visualizes compaction-related data. The Product provides informational outputs only and does not replace professional judgment, construction means and methods, or regulatory compliance obligations. 

3. Term and Termination 

  • Term: The initial term is twelve (12) months commencing on the installation date and automatically renews thereafter on a monthly basis. 

  • Client Termination: Client may opt out at any time, with access continuing through the end of the current billing period. Fees already paid are non-refundable. 

  • Compactica Termination: Compactica may suspend or terminate access for non-payment, misuse, violation of this Agreement, or actions that compromise system integrity. 

  • Effect of Termination: Upon termination or expiration of this Agreement, Client must immediately cease all use of the Product and destroy any proprietary Compactica materials or documentation in its possession. 

  • Hardware Return: Upon termination, Client must return all Compactica hardware within seven (7) business days. Failure to return hardware may result in a non-return fee as specified in the applicable proposal or order form. 

4. Subscription Fees and Payment 

  • Fees: Pricing is defined in the applicable proposal or order form. 

  • Billing: Charges are processed automatically to the Client’s designated credit card. Credit card information must be provided prior to shipment or installation. 

  • Trials: Trial periods convert to paid subscriptions at the end of the trial unless terminated. 

  • Price Adjustments: Compactica may apply typical annual MSRP increases of approximately 7%. Client will be notified in advance of any pricing changes prior to renewal. 

  • Late Payments: Late payments may accrue interest at 1.5% per month. Accounts overdue for two consecutive months may be referred for collection. 

5. Hardware Ownership and Use 

All hardware remains the sole property of Compactica. Client is responsible for safeguarding, maintaining, and operating the hardware in accordance with provided instructions. Damage, loss, or misuse may result in additional charges. 

6. Intellectual Property 

All intellectual property rights, including patents, software, algorithms, methodologies, documentation, and system designs, remain the exclusive property of Compactica. Client may not copy, modify, reverse engineer, resell, or redistribute any portion of the Product. Any unauthorized use or infringement of Compactica’s IP will be legally pursued. 

7. Data Ownership, Usage, and Privacy 

  • Client Data Ownership: All project and compaction data generated through the Product remains the property of the Client. 

  • License to Compactica: Client grants Compactica a perpetual, royalty-free, non-exclusive license to access, use, analyze, and process Client data in aggregated and anonymized form for the purposes of operating the platform, improving Compactica’s technology, developing algorithms, and creating analytics. Identifiable project-level data shall be retained and handled in accordance with Compactica’s data retention policy. 

  • Confidentiality: Compactica will not disclose client-identifiable data to third parties without consent, except as required by law.  

  • Retention: Data is retained for twelve (12) months unless extended storage is purchased. 

  • Client Access: Clients may download or back up their data at any time during the retention period. 

  • Extended Storage: After 12 months, data may be deleted, but clients may purchase extended storage plans. 

  • Data Security: Compactica implements industry-standard security measures to protect stored data. 

8. Safety, Operational Control, and Assumption of Risk 

  • No Operational Control: Compactica does not control, supervise, or direct construction operations, roller operation, compaction methods, site safety, or personnel behavior. 

  • Client Responsibility: Client retains sole responsibility for equipment operation, jobsite safety, operator training, regulatory compliance, and all construction decisions. 

  • Informational Use Only: The Product provides informational and analytical outputs only. It does not provide instructions, commands, or guarantees regarding equipment operation or compaction outcomes. 

  • Not a Safety System: The Product is not designed or intended to function as a safety device, collision avoidance system, operator assistance system, or personnel protection system, and must not be relied upon for the safety of persons, equipment, or property. 

  • Assumption of Risk: Client acknowledges that construction and equipment operation involve inherent risks. Client assumes all risks associated with the installation and use of the Product on construction equipment. 

9. Limitation of Liability 

To the maximum extent permitted by law: 

  • Compactica shall not be liable for any injury, death, property damage, equipment damage, project delays, loss of Pay Factor, lost profits, or consequential damages arising from or related to the use or inability to use the Product. 

  • Explicit injury & death waiver: Client waives any claims against Compactica arising from bodily injury or death of any person related to the use of the Product. 

  • Compactica shall not be liable for any damages resulting from operator actions, equipment malfunction, site conditions, or reliance on Product outputs. 

  • Compactica’s total cumulative liability for any claim shall not exceed the fees paid by the Client for the Product in the twelve (12) months preceding the claim. 

10. Indemnification 

Client shall indemnify, defend, and hold harmless Compactica and its officers, directors, employees, contractors, and agents from any and all claims, losses, damages, liabilities, costs, and expenses arising out of or related to: 

  • Operation of construction equipment with the Product installed 

  • Jobsite safety incidents or accidents 

  • Client’s use or misuse of the Product 

  • Violation of laws or regulations 

Insurance: Client shall maintain commercially reasonable insurance coverage, including general liability and workers’ compensation insurance, sufficient to cover risks arising from construction operations and use of the Product. Client shall name Compactica as an additional insured on such policies and provide evidence of coverage. 

11. Warranties Disclaimer 

The Product is provided "as is" and "as available." Compactica disclaims all warranties, express or implied, including warranties of fitness for a particular purpose, merchantability, or accuracy of results. 

12. Support and Maintenance 

Compactica provides regular software updates. Standard support is available Monday–Friday, 9 AM–5 PM Eastern Time. 

Response times: 

  • Critical issues: within 24 hours 

  • Non-critical issues: within 48 hours 

Premium support plans may be offered separately. 

13. Acceptable Use 

Client may not use the Product for unlawful purposes, unauthorized data collection, system interference, or IP infringement. Violations may result in suspension or termination. 

14. Force Majeure 

Compactica shall not be liable for delays or failures caused by events beyond its reasonable control, including natural disasters, pandemics, labor disputes, government actions, or third-party service outages. 

15. Governing Law and Dispute Resolution 

This Agreement is governed by the laws of the Province of Newfoundland and Labrador, Canada. The parties submit to the exclusive jurisdiction of the courts located in St. John’s, NL, unless otherwise mutually agreed. 

16. General 

This Agreement constitutes the entire agreement between the parties regarding the Product and supersedes all prior terms. If any provision is found unenforceable, the remaining provisions remain in effect.  

No Third-Party Beneficiaries: This Agreement is solely for the benefit of the parties hereto. No third party shall have any rights under this Agreement, and Compactica owes no duty or obligation to any third party arising from or related to the Product. 

17. Contact Information 

Compactica Systems Inc. 
Email: support@compactica.com 
Phone: +1 (709) 766-7077