1. Acceptance of Terms

By accessing or using the ComplyStorm SWPPP Inspection platform and related services, by clicking "I Agree" (or similar), or by creating an account, you agree to comply with and be bound by these Terms and the Privacy Policy. If you do not agree, you may not access or use the Service.

If you are accessing the Service on behalf of a company, employer, or other legal entity, you represent and warrant that (a) you have full authority to bind that entity to these Terms, (b) you have read and understand these Terms, and (c) you agree to these Terms on behalf of that entity. In that case, "you" and "your" refer to both you individually and that entity.

2. Description of the Service

ComplyStorm provides a digital platform designed to assist construction professionals, environmental consultants, contractors, compliance managers, field staff, and related parties in creating, managing, storing, and transmitting SWPPP inspection reports, corrective action logs, dewatering forms, and related compliance documentation.

The Service may generate, host, and transmit inspection reports and related compliance documentation via secure download links. Such links may be accessible to designated recipients for a limited period of time.

The Service is a tool intended to support operational compliance activities. It is not a substitute for your own professional judgment, expertise, qualified inspection personnel, or compliance with applicable law. The Service does not constitute legal, regulatory, engineering, environmental, or professional advice. Users remain solely responsible for ensuring that all reports and documentation comply with applicable federal, state, and local regulations.

We may update, modify, enhance, suspend, or discontinue any part of the Service at any time and at our sole discretion.

4. User Responsibilities

Users are solely responsible for:

• Entering and maintaining accurate site and inspection data.
• Reviewing and verifying all generated reports, fields, signatures, certifications, and deadlines prior to submission, certification, signing, transmission, or any other use;
• Ensuring compliance with all applicable federal, state, tribal, and local environmental and stormwater laws, regulations, permits, and orders, including (without limitation) the federal Clean Water Act, the NPDES program, the EPA Construction General Permit, state-specific construction general permits and industrial general permits, MS4 permits, and county and municipal stormwater ordinances;
• Determining whether your project requires a SWPPP or related permit;
• Retaining qualified personnel to perform inspections where required by law;
• Maintaining the confidentiality of account credentials and notifying ComplyStorm promptly of any unauthorized use;
• Maintaining your own backups of all data, reports, and documentation; and
• All activities conducted under their account, whether or not authorized.

Each named user account is for use by a single individual. You may not share login credentials or use a single account for multiple individuals.

6. Payment & Subscription Terms

Certain features of the Service require payment of subscription fees.

By purchasing a subscription, you agree to:

• Pay all applicable fees in accordance with the pricing in effect at the time of purchase;
• Provide accurate billing information; and
• Authorize ComplyStorm and its third-party payment processor to charge your selected payment method on a recurring basis, if applicable.

Subscriptions are billed in advance (monthly or annually, as selected) and automatically renew at the then-current rate at the end of each billing cycle unless cancelled before the renewal date.

Unless otherwise specified:

• Subscription fees are non-refundable, including for unused portions of a billing period, accidental purchases, service interruptions, dissatisfaction, or any other reason except as expressly required by applicable law;
• Failure to make timely payment may result in suspension or termination of access without notice;
• You agree to reimburse ComplyStorm for all reasonable costs of collection, including attorneys" fees.

Fees are exclusive of all applicable taxes, levies, and duties, which are your responsibility.

ComplyStorm reserves the right to modify pricing upon reasonable notice. Continued use of the Service after the effective date of a price change constitutes acceptance.

All payments are processed through third-party providers. ComplyStorm does not store full payment card information.

7. Acceptable Use

You agree not to:

• Use the Service in any manner that violates applicable law or regulation;
• Submit, transmit, or store content that is unlawful, infringing, defamatory, obscene, harassing, threatening, fraudulent, or misleading;
• Use the Service to falsify, fabricate, backdate, alter, conceal, or misrepresent any inspection record, photograph, comment, signature, certification, deadline, weather observation, or any other content;
• Submit false, misleading, or fraudulent information to any regulatory authority, customer, contractor, employer, or other third party through the Service;
• Sign or certify an inspection report on behalf of a person who has not actually inspected the site or who is not qualified under applicable law;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying ideas of the Service, except to the extent expressly permitted by applicable law;
• Use the Service or any output to develop, train, benchmark, or improve a competing product, service, or machine learning model;
• Resell, sublicense, rent, lease, white-label, or otherwise commercially exploit the Service without our prior written consent;
• Upload viruses, malware, or any harmful or disruptive code;
• Interfere with, disrupt, overload, or impair the integrity, performance, or security of the Service;
• Attempt to gain unauthorized access to the Service, other accounts, or any related systems, networks, or data;
• Scrape, crawl, or harvest data from the Service through automated means without our prior written consent;
• Impersonate any person or misrepresent your affiliation with any organization.

ComplyStorm reserves the right (but has no obligation) to investigate suspected violations and to suspend or terminate access for any violation, in our sole discretion and without notice.

9. Intellectual Property

All content, software, features, designs, layouts, logos, trademarks, templates, forms, workflows, suggested field libraries, documentation, and functionality of the Service (other than Customer Data) are the exclusive property of ComplyStorm and are protected by applicable intellectual property laws.

Subject to your compliance with this Agreement and payment of applicable fees, ComplyStorm grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes.No other rights are granted to you, by implication, estoppel, or otherwise.

Users retain ownership of data they input into the Service, subject to ComplyStorm's rights necessary to operate, maintain, secure, and improve the Service. All inspection reports and uploaded data remain the property of the user. ComplyStorm acts solely as a technology service provider facilitating generation and transmission.

If you provide any suggestion, idea, enhancement request, feedback, recommendation, or report related to the Service ("Feedback"), you grant ComplyStorm a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable license to use, modify, exploit, and incorporate the Feedback into the Service or any other product or service without restriction or compensation to you.

10. Data Access After Termination

Upon termination of an account:

• Access to the Service will be disabled.
• Users may request export of their available data within thirty (30) days of termination.

After this period, ComplyStorm may delete account data in accordance with its data retention policies, unless otherwise required by law.

Generated reports may remain available for download for a limited period as determined by ComplyStorm (e.g., up to 18 months).ComplyStorm reserves the right to modify retention periods at its discretion.

ComplyStorm is not obligated to retain data indefinitely following account termination.

11. Indemnification

You agree to defend, indemnify, and hold harmless ComplyStorm, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, demands, actions, proceedings, damages, liabilities, losses, judgments, awards, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and litigation costs) arising out of or related to:

• Your use of, or access to (or inability to access or use), the Service;
• Your violation of this Agreement, the Privacy Policy, or any applicable law;
• Your failure to comply with applicable federal, state, tribal, or local laws or regulations;
• Any data, content, or information submitted through your account, including any claim that such content infringes, misappropriates, or violates any third-party right;
• Your distribution of inspection reports or designation of report recipients, including transmission to incorrect or unauthorized recipients;
• Any regulatory action, audit finding, fine, penalty, work stoppage, enforcement proceeding, civil suit, or other adverse outcome arising from inspection, certification, signature, notification, reporting, or other activities you conduct using the Service, including any claim based on the accuracy or sufficiency of any output you used, accepted, certified, signed, or transmitted;
• Your reliance on any suggested field, auto-populated value, deadline, schedule, weather datum, notification, or other output of the Service without independent verification;
• Your negligence, willful misconduct, fraud, or breach of representation or warranty.

This indemnification obligation survives termination of this Agreement and your use of the Service.

ComplyStorm will provide you with reasonable notice of any claim subject to indemnification, will allow you to control the defense and settlement of the claim (provided that you may not enter into any settlement that imposes any obligation on ComplyStorm or admits any wrongdoing without ComplyStorm's prior written consent), and will provide reasonable cooperation at your expense. ComplyStorm reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

12. Termination

ComplyStorm may suspend, restrict, or terminate access to the Service at any time, with or without notice, in its sole discretion,including (without limitation) for:

• Violation of this Agreement;
• Non-payment;
• Misuse of the platform;
• Security concerns;
• A requirement to do so under applicable law or legal process;
• Inactivity for an extended period;
• Discontinuation of the Service or a feature;
• Any other reason ComplyStorm reasonably determines may expose ComplyStorm to legal liability or regulatory action, or that termination is otherwise appropriate.

Termination does not relieve users of payment obligations incurred prior to termination.ComplyStorm will have no liability to you or any third party for any suspension, restriction, or termination of access to the Service.

13. Governing Law & Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

Informal Resolution

Before initiating any legal proceeding, you agree to attempt in good faith to resolve any dispute informally by contacting support@complystorm.com and providing a written description of the dispute, the relief sought, and your contact information. You agree to allow at least thirty (30) days for good-faith discussions before initiating any formal proceeding.

Venue

Subject to the informal resolution requirement above, any dispute arising out of or relating to this Agreement or the Service shall be resolved exclusively in the state or federal courts located in the State of California. Users consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COMPLYSTORM EACH AGREE THAT ANY DISPUTE WILL BE RESOLVED ON AN INDIVIDUAL BASIS, AND EACH OF YOU AND COMPLYSTORM WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING.

Jury Trial Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE.

Statute of Limitations

Any claim arising out of or related to this Agreement or the Service must be filed within one (1) year after the cause of action arose, or it is permanently barred (except for claims that, by law, cannot be subjected to a shortened limitations period).

Equitable Relief

Nothing in this Section prevents ComplyStorm from seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

14. Changes to This Agreement

ComplyStorm may update or modify this Agreement from time to time, in its sole discretion. When we make material changes, we will post the updated Agreement on the Site with a revised effective date and, where appropriate, notify you by email or in-Service notice. Your continued use of the Service after the effective date constitutes your acceptance of the revised terms. If you do not agree to a change, your sole remedy is to stop using the Service.

15. General Provisions

Entire Agreement

This Agreement, together with the Privacy Policy and any order forms or written agreements between you and ComplyStorm, constitutes the entire agreement between you and ComplyStorm regarding the Service and supersedes all prior or contemporaneous oral or written agreements, communications, representations, or understandings.

Assignment

You may not assign or transfer this Agreement, or any of your rights or obligations, without ComplyStorm"s prior written consent. Any attempted assignment in violation of this provision is void. ComplyStorm may assign this Agreement freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

Severability

If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed from this Agreement. The remaining provisions will remain in full force and effect.

Waiver

No waiver of any provision or breach of this Agreement is effective unless in writing and signed by an authorized representative of ComplyStorm. Failure to enforce any provision will not constitute a waiver.

Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, governmental action, labor disputes, internet or telecommunications failures, utility outages, third-party service outages, or cybersecurity incidents.

Electronic Communications and Signatures

You consent to receive communications from ComplyStorm electronically. Electronic signatures, click-to-accept actions, and other electronic indications of assent are legally binding.

Survival

Sections that by their nature should survive termination will survive, including (without limitation) Sections 3, 4, 5, 8, 9, 10, 11, 13, and 15.

Headings

Section headings are for convenience only and do not affect interpretation.