Terms of Service

1.Acceptance, authority and updates

In plain words: You agree to these Terms by ticking the box when you sign up, or by using Diggit. If you set up a company, you agree for the company and promise you are allowed to. We may update these Terms; we will tell you, and using Diggit after the change means you accept it.

1.1 How you accept. You accept these Terms by (a) ticking the box or clicking the button that says you agree when you create an account, create a company, or are shown an updated version; (b) signing an Order Form that refers to these Terms; or (c) accessing or using the Services. If you do not agree, do not create an account and do not use the Services.

1.2 Records of acceptance. We record which version of these Terms you accepted, when, and from which IP address and device or browser. You agree that this record is valid evidence of your acceptance and is as binding as a handwritten signature.

1.3 Accepting for a company. If you create a company (called an “organization” in the app), accept these Terms when asked to do so for a company, or use the Services for an employer or other organization, then:

• (a) you accept these Terms on behalf of that organization, and “you” and “Customer” mean that organization;
• (b) you represent and warrant that you have the legal authority to bind that organization; and
• (c) if you do not have that authority, you personally accept these Terms and are personally responsible for complying with them and for any fees and liabilities that arise under them.

1.4 Users invited by a Customer. If a Customer invites you to its company, you agree to these Terms for your own use of the Services when you accept the invitation or first sign in. Your use is also subject to the Customer’s own rules and instructions. Your relationship with the Customer (for example, your employment) is between you and the Customer, not Diggit.

1.5 Age and eligibility. You must be at least 18 years old and able to form a binding contract. The Services are for business use only and are not offered to consumers for personal, family or household purposes. You may not use the Services if you are barred from doing so under the laws of the United States or any other applicable country.

1.6 Other documents. These Terms incorporate our Privacy Policy, any Order Form, and any feature-specific terms we show you in the Services (for example, terms for a beta feature). If they conflict, this order controls: (1) a signed Order Form, only for the items it expressly changes; (2) these Terms; (3) feature-specific terms; (4) the Privacy Policy, for how we handle personal information. Any purchase order or other document you send us that adds to or changes these Terms has no effect, even if we accept or pay against it.

1.7 Updates to these Terms. We may change these Terms. Each version has a version label and a “Last updated” date.

• (a) Notice. For a material change, we will give at least 30 days’ notice before it takes effect, by a notice in the Services, by email to an account owner or admin, or both. For other changes, the new version takes effect when posted.
• (b) Re-acceptance. We may ask you to accept the new version before you can continue using the Services.
• (c) Continued use. If you keep using the Services after a new version takes effect, you accept it.
• (d) If you do not agree. Your remedy is to stop using the Services and cancel before the change takes effect. If you cancel because of a material change that reduces your rights, and you prepaid for a period that extends past the change, you may ask for a pro-rated refund of the unused prepaid fees within 30 days of the notice.
• (e) Disputes and changes. A change to Section 11 (Disputes) does not apply to a dispute that you or we gave written notice of before the change was posted.

1.8 Changes to the Services. We may add, change or remove features at any time. If we remove a material feature of a paid plan for all customers on that plan, we will try to give advance notice.

2.Accounts, users, security and responsibility

In plain words: Your company is responsible for everyone it lets in, for what their permission levels allow, and for everything done under its account — including by AI agents and paid AI keys it connects. Keep sign-ins safe and tell us fast if something goes wrong.

2.1 Accurate information. You must give accurate, complete and current information when you sign up and keep it up to date.

2.2 Sign-in security. You are responsible for keeping your passwords, sign-in links and codes, passkeys, agent keys, API keys and devices secure. Do not share your sign-in with anyone. Tell us at support@diggit.ai right away if you believe your account, a device, or a key has been lost, stolen or used without permission. Until you tell us, you are responsible for activity under the compromised account or key, to the extent the law allows.

2.3 The Customer is responsible for its users. The Customer:

• (a) decides who to invite, who to remove, and what permission level and role each person has;
• (b) is responsible for every act and omission of its users, and of anyone who uses the Services through its account or credentials, as if they were the Customer’s own acts;
• (c) is responsible for setting permission levels, roles, departments and record access correctly, and for reviewing them when people change jobs or leave;
• (d) is responsible for promptly removing access for people who should no longer have it; and
• (e) ensures that its users comply with these Terms.

2.4 Everything done under the account. The Customer is responsible for all activity under its company and its users’ accounts, whether or not the Customer authorized it, including all records created, changed, deleted, submitted, signed, exported, emailed, texted or sent to another system. Diggit may treat any instruction received through a properly authenticated account, session, key or connection as authorized by the Customer.

2.5 AI agents the Customer connects. The Services let a user connect an outside AI agent (for example ChatGPT, Claude, Codex or Cursor) through the AI agents connector, using an agent key or similar credential. When a user does this:

• (a) the agent acts as that user, within that user’s permission level and the scopes granted, and everything the agent does is treated as done by that user and the Customer;
• (b) the Customer is responsible for choosing to connect the agent, for the scopes granted, for the agent’s actions and outputs, and for revoking the key when it is no longer needed;
• (c) the outside agent is a Third-Party Service (Section 6), and the agent’s provider, not Diggit, is responsible for it; and
• (d) Diggit is not responsible for any act of an outside agent, including records it creates, changes or deletes, data it reads or copies out of the Services, or messages it sends.

2.6 The Customer’s own AI keys. If the Customer supplies its own key or account for an AI, speech or other provider (“Customer Keys”):

• (a) the Customer is responsible for all fees that provider charges, for keeping the key valid and secure, and for complying with that provider’s terms;
• (b) data processed with a Customer Key is processed under the Customer’s agreement with that provider, including that provider’s rules on data use, retention and training; and
• (c) Diggit is not responsible for that provider’s acts, outages, charges, data practices or output.

2.7 Diggit setup help. Diggit staff may, at the Customer’s request or as part of onboarding, set up or change forms, fields, workflows, dashboards, templates and other configuration in the Customer’s company (“Setup Work”). The Customer is responsible for reviewing and approving Setup Work before relying on it, and for confirming that forms and workflows ask the right questions, route to the right people and meet the Customer’s legal and contractual requirements. Setup Work is part of the Services and is covered by Sections 3, 9 and 10.

2.8 Company ownership. A company must always have at least one owner. If ownership is disputed (for example, after an employee leaves), Diggit may rely on the Customer’s billing contact, signed Order Form or other reasonable evidence to decide who controls the company, and is not liable for acting on that decision in good faith.

2.9 Devices and offline work. You are responsible for your own devices, internet connection, phone plan, and data charges. The mobile app may save work on the device when there is no signal and send it later. Work stored only on a device can be lost if the device is lost, damaged, reset, or the app is removed before the work is sent. Diggit is not responsible for that loss.

3.Field safety and professional disclaimer

In plain words: Diggit is a recordkeeping and workflow tool. It is not a safety system, an inspector, an engineer, a lawyer, an HR or payroll provider, or a compliance adviser. Never rely on it to keep anyone safe or to make you compliant. You check everything.

3.1 What Diggit is. Diggit is software for capturing, organizing, storing, routing and reporting business records, such as forms, daily reports, inspections, time entries, photos and signatures. It helps people do paperwork faster. It does not do the work the paperwork describes.

3.2 What Diggit is not. Diggit is not, and does not act as:

• (a) a safety system, safety program, safety officer, “competent person,” “qualified person,” or emergency or alarm system;
• (b) an inspector, engineer, surveyor, architect, locator, or any other licensed or certified professional;
• (c) a legal, human-resources, employment, payroll, tax, accounting, insurance, environmental, or regulatory compliance adviser;
• (d) a payroll provider, payroll processor, payroll service bureau, professional employer organization, or employer of record; or
• (e) a party to, or a participant in, any of your construction projects or contracts.

3.3 No reliance for safety or compliance. You must not rely on the Services, or on any record, reminder, checklist, alert, AI output, template, form or report from the Services, as the means of meeting any safety, legal, regulatory or contractual duty, including duties under or relating to:

• (a) workplace safety and health laws and regulations (including OSHA, state-plan OSHA programs such as Cal/OSHA, and MSHA);
• (b) excavation, trenching, confined-space, utility-locate and “call before you dig” (811) rules;
• (c) DOT, FMCSA, PHMSA and other transportation, vehicle, driver, hours-of-service and pipeline-safety rules;
• (d) wage-and-hour, prevailing-wage, Davis-Bacon and related acts, certified payroll, apprenticeship, and fringe-benefit rules;
• (e) environmental, stormwater, spill, hazardous-material and waste rules;
• (f) permits, licenses, inspections, bonds, and owner, general-contractor or agency reporting requirements; and
• (g) employment, immigration, workers’ compensation, tax and record-retention rules.

You alone are responsible for knowing and meeting these duties, for running your own safety program, for providing competent supervision on every jobsite, and for verifying every record before you rely on it or send it to anyone.

3.4 Missed reminders and alerts. Reminders, notifications, due-date tracking, “owed form” lists, dashboards and alerts are conveniences. They may be late, missing, duplicated or wrong (for example, because of a phone setting, a network problem, a configuration mistake or a Third-Party Service). Diggit is not liable for any consequence of a reminder or alert that was not sent, not received, or not acted on.

3.5 Time clock, location and payroll records. If the Customer uses the time clock, timesheets, location, payroll, certified payroll or similar features:

• (a) the Customer is the employer and is solely responsible for accurate time and pay records, for paying its workers correctly and on time, for meal and rest breaks, overtime, classifications, rates, deductions and fringe benefits, and for keeping records for as long as the law requires;
• (b) the Customer must review and correct all time entries and reports before using them to pay anyone or to file anything;
• (c) any certified payroll report or statement of compliance (for example, Form WH-347 or a state equivalent) is the Customer’s document, prepared, verified and signed by the Customer, and the person who signs it is responsible for its truth; Diggit does not certify anything; and
• (d) location data may be inaccurate, delayed, or unavailable, and must not be the only basis for a pay, disciplinary or compliance decision.

3.6 Templates and starter content. Templates, example forms, starter packs, sample checklists and suggested wording that Diggit provides are general examples only. They may be incomplete or out of date and may not fit your work, location, or contracts. You must review and adapt them before use.

3.7 Emergencies. Never use the Services to report or respond to an emergency or injury. Call 911 or your local emergency number and follow your emergency plan.

3.8 Jobsite responsibility. You are solely responsible for your jobsites, your work, your workers, subcontractors, equipment and vehicles, and for every injury, death, property damage, utility strike, environmental release, delay or defect connected with your work, whether or not information about it was entered into, missed by, or reported through the Services.

4.AI, voice and recordings

In plain words: Buck, the assistant, and other AI features can mishear, misunderstand, leave things out, or make things up. A person must check every AI-filled record before it is filed, signed, sent or used to pay anyone. Diggit is not liable for AI mistakes. If your workers are recorded, you must get any consent the law requires — including in states where everyone on a call must agree.

4.1 What the AI features do. The Services use artificial intelligence and speech technology (together, “AI Features”) to transcribe speech, understand requests, fill in forms, read back reports, translate, summarize, suggest answers, build forms, workflows and dashboards, and take actions a user asks for. This includes Diggit’s voice agent (“Buck”) and the in-app assistant. Some AI Features are provided by Third-Party Services.

4.2 AI output can be wrong. AI output (“Output”) is generated by probability, not certainty. Output may be inaccurate, incomplete, misheard, mistranslated, placed in the wrong field, attached to the wrong job, record or person, out of date, inconsistent, or stated with confidence while false. The same input can produce different Output at different times. Output may resemble content that others receive.

4.3 Human review is required. Before any Output, or any record created or changed with an AI Feature, is submitted, filed, signed, approved, exported, emailed, texted, sent to another system, used to pay or bill anyone, or relied on for any decision, a qualified person on the Customer’s side must review it and confirm that it is accurate and complete. The person who submits, signs or sends a record is responsible for its content, regardless of whether an AI Feature drafted it. This is especially important for safety, incident, injury, inspection, permit, environmental, time, payroll, billing, change-order and legal records, and for anything sent to an owner, general contractor, insurer, agency or regulator.

4.4 Actions the AI takes for you. When a user asks an AI Feature to take an action (for example, file a form, send an email, change a record, or build a form or dashboard), the action is taken on that user’s and the Customer’s behalf and is treated as their act. Where the Services ask a user to confirm an action, the user is responsible for checking before confirming.

4.5 No liability for AI errors. To the fullest extent the law allows, Diggit is not liable for any Output, for any error or omission in Output, or for any action taken, record filed, payment made, or decision made based on Output. Section 10 applies fully to AI Features.

4.6 Translations and languages. AI Features may work in, or translate between, languages other than English. Translations and non-English transcriptions are provided as a convenience only, are not guaranteed to be accurate, and are not certified translations. The Customer is responsible for making sure each worker understands the forms, instructions, safety information and records the worker is asked to complete or sign, in a language the worker understands. If these Terms are translated, the English version controls.

4.7 Recordings and consent. Voice features capture audio from the device microphone, and may capture the voices of people other than the user (for example, nearby coworkers, members of the public, or people on a phone call). The Customer:

• (a) is solely responsible for giving every notice and obtaining every consent the law requires before anyone’s voice is recorded, transcribed, or processed through the Services, including under federal and state wiretap and eavesdropping laws (including states that require the consent of all parties to a conversation, such as California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington), and under employee-monitoring and workplace-privacy laws;
• (b) is responsible for the same notices and consents for location data, photos (including location data stored inside photos), signatures, and any monitoring of workers;
• (c) must comply with any collective-bargaining agreement, union notice or bargaining obligation that applies to recording or monitoring workers;
• (d) must instruct its users not to record anyone without the required consent, and not to use voice features in places or situations where recording is unlawful; and
• (e) is responsible for any claim that a recording, transcription or monitoring through its account was unlawful.

4.8 No voiceprints. Diggit does not use voice features to identify people by their voice and does not create voiceprints or other biometric identifiers from audio. The Customer must not use the Services to create or collect biometric identifiers or information.

4.9 How audio is used. Audio is used to provide the AI Features. Our speech providers are configured so that they do not use your audio to train their models. Further detail is in the Privacy Policy.

4.10 AI safeguards. You must not try to make an AI Feature ignore its safeguards, reveal its instructions, access data outside the user’s permissions, or produce unlawful or harmful content. We may monitor, filter, limit or block requests and Output to protect the Services and other customers.

5.Customer Data

In plain words: Your company owns its data. You let us use it to run, protect, support, back up and improve Diggit. Speech providers never train on your audio. We keep logs for up to 30 days, and we back up your data every night and keep each backup copy for up to 35 days. We send you a copy on request within 30 days. A closed company’s data is deleted when you ask, not automatically. We do not share your data with Paulus or anyone else beyond what your own company sees and the providers that run Diggit.

5.1 Ownership. As between you and Diggit, the Customer owns all data, content, records, forms, photos, files, audio, transcripts, signatures and other materials that the Customer and its users put into the Services, and the Output generated from them for the Customer (“Customer Data”). Diggit claims no ownership of Customer Data.

5.2 License to Diggit. The Customer grants Diggit and its Subprocessors a worldwide, non-exclusive, royalty-free, fully paid license, for the term of these Terms and for the retention periods in Section 5.6, to host, copy, store, transmit, process, translate, analyze, modify (for formatting and display), display and back up Customer Data as needed to:

• (a) provide, maintain, operate and support the Services, including carrying out the instructions of the Customer and its users (and of AI agents they connect);
• (b) secure the Services and prevent, detect and investigate fraud, abuse, security incidents and violations of these Terms;
• (c) back up and restore data;
• (d) improve the Services, including by finding and fixing errors and measuring and improving the quality of features, subject to Section 5.3; and
• (e) comply with law and enforce these Terms.

5.3 AI training limits. Diggit does not allow its speech providers to use Customer audio to train their models, and does not sell Customer Data. Diggit does not permit the third-party AI providers it engages under its own accounts to train their general models on Customer Data. Diggit may use Customer Data to train, tune and improve Diggit’s own AI features for the Services, unless the Customer opts out by emailing support@diggit.ai or using the setting Diggit provides; the opt-out applies from the time it is received. Diggit does not use Customer Data to train models it offers to third parties outside the Services. Customer Keys are governed by Section 2.6(b).

5.4 Aggregated and de-identified data. Diggit may create and use data that is aggregated or de-identified so that it does not identify the Customer, any user, or any individual (“Aggregated Data”), and data about how the Services are used and perform (for example, feature use, errors, response times and usage counts) (“Usage Data”). Diggit owns Aggregated Data and Usage Data and may use them for any lawful purpose, including to operate, analyze, improve and market the Services, during and after the term. Diggit will not attempt to re-identify Aggregated Data, and will not disclose Usage Data outside Diggit in a form that identifies the Customer or any individual.

5.5 No sharing beyond your company. Diggit does not share Customer Data with Paulus or any other company, except (a) with the Customer’s own users, according to the Customer’s permission settings; (b) with Subprocessors and Third-Party Services as described in these Terms and the Privacy Policy; (c) as the Customer or its users direct (for example, through an integration, export, email or AI agent); (d) as required by law under Section 12.3; or (e) to a successor under Section 12.6.

5.6 Retention, backups and deletion.

• (a) Server logs are kept for up to 30 days. Backups. Diggit backs up Customer Data every night and keeps each backup copy for up to 35 days.
• (b) Closed companies. When a company is closed or a subscription ends, Customer Data is not deleted automatically. The company may be suspended or read-only. Diggit deletes Customer Data by hand when an owner or admin of the company asks at support@diggit.ai, after verifying the request. Deleted data may remain in backups until those backups expire under Section 5.6(a).
• (c) Legal holds. Diggit may keep Customer Data longer where the law requires it, to resolve a dispute, or to enforce these Terms.
• (d) Your retention duties. Diggit is not your record-retention system of record for legal purposes. You are responsible for keeping your own copies of any records you are legally or contractually required to keep, for as long as you must keep them.
• (e) After deletion, Customer Data cannot be recovered. Diggit is not liable for deleting Customer Data under a request it reasonably believed came from the Customer.

5.7 Data copies and export. The Customer may ask for a copy of its Customer Data at any time by emailing support@diggit.ai. Diggit will provide a copy in a commonly used machine-readable format within 30 days of a verified request. The Services may also let users download certain records (for example, PDF or spreadsheet exports). Diggit has no obligation to keep Customer Data after a company is deleted at the Customer’s request.

5.8 Customer responsibilities for Customer Data. The Customer represents and warrants that it has, and will keep, all rights, notices and consents needed for Diggit to process Customer Data as described in these Terms, and that Customer Data and its use in the Services do not violate any law or any person’s rights. The Customer is responsible for the accuracy, quality, legality and backup of Customer Data. The Customer must not put into the Services: protected health information regulated by HIPAA, payment card numbers (other than through Stripe’s checkout), Social Security numbers or government ID numbers except in fields designed for them, or information about children under 13, unless Diggit has agreed in writing.

5.9 Security. Diggit uses reasonable administrative, technical and physical safeguards designed to protect Customer Data. No system is completely secure, and Diggit does not guarantee that Customer Data will never be accessed, lost or disclosed without authorization. If Diggit confirms a security breach that leads to unauthorized access to Customer Data, Diggit will notify the Customer without undue delay and as required by law.

5.10 Personal information. Diggit handles personal information as described in the Privacy Policy. Where Diggit processes personal information in Customer Data on the Customer’s behalf, Diggit acts as the Customer’s service provider or processor and processes it on the Customer’s instructions, which are these Terms and the Customer’s use of the Services. A data processing addendum is available on request.

6.Third-party services and integrations

In plain words: Procore, Samsara, ComputerEase, Stripe, speech and AI providers, email and text providers, app stores and AI agents are other companies. Their terms apply. When you turn on a connection, you tell us to send your data there, and what happens to it after that is not on us.

6.1 Third-Party Services. The Services work with products and services that Diggit does not own or control (“Third-Party Services”), including construction, fleet, accounting and payroll systems (for example Procore, Samsara and ComputerEase), payment processing (Stripe), speech, voice and AI providers, email and text-message delivery providers, hosting and infrastructure providers, mapping and location services, app stores, push-notification services, and outside AI agents.

6.2 Their terms apply. Your use of a Third-Party Service is governed by your agreement with its provider and its terms and privacy policy. You are responsible for having any account, license or subscription it requires.

6.3 Data sent at your direction. When the Customer or a user turns on an integration, connects an account, exports, emails, texts, shares a link, or connects an AI agent, the Customer instructs and authorizes Diggit to send the relevant Customer Data to that destination and to receive data from it. After data leaves the Services at your direction, Diggit is not responsible for it, including how the recipient uses, stores, secures, changes or discloses it.

6.4 Diggit is not responsible for Third-Party Services. Diggit does not warrant or support Third-Party Services and is not liable for their acts, omissions, outages, errors, security, data practices, price changes or discontinuation, or for any data they send to or receive from the Services. Diggit is not responsible for errors in data synchronization between the Services and a Third-Party Service, including duplicate, missing, delayed or wrong records in either system. You must check synced data before relying on it.

6.5 Changes to integrations. Diggit may change, suspend or stop supporting any integration at any time, including if the provider changes its product, terms or pricing, or ends Diggit’s access. No refund is owed for this unless an Order Form says otherwise.

6.6 Emails, texts and messages. When the Customer uses the Services to send emails, text messages, reports, PDFs, signature requests or notifications to its workers or anyone else, the Customer is the sender and is responsible for the recipient list, the content, and compliance with messaging laws (including the CAN-SPAM Act and the Telephone Consumer Protection Act, and any consent those laws require). Diggit is not responsible for messages that are delayed, not delivered, delivered to the wrong recipient because of an address the Customer or its users entered, or filtered as spam.

6.7 Subprocessors. Diggit uses service providers to host and operate the Services (“Subprocessors”). The current list is in the Privacy Policy. Diggit is responsible for its Subprocessors’ performance of the services Diggit engages them for, subject to Section 10.

6.8 App stores. If you get the mobile app from the Apple App Store or Google Play, you also agree to that store’s terms. For the Apple App Store: these Terms are between you and Diggit, not Apple; Apple is not responsible for the app or its support and has no warranty obligation for it beyond refunding any purchase price (the app is free); Apple is not responsible for any claims relating to the app, including product liability, legal or regulatory compliance, or intellectual property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

7.Acceptable use, suspension and termination

In plain words: Use Diggit for lawful work. Do not break it, abuse it, copy it, or use it to hurt people. If you do, or if you do not pay, we can suspend or close your access.

7.1 Prohibited uses. You must not, and must not allow anyone to:

• (a) use the Services in violation of any law or of anyone’s rights, including privacy, publicity, labor, employment, wiretap and intellectual property rights;
• (b) record, track, monitor or collect the voice, image, location or personal information of anyone without any notice or consent the law requires;
• (c) upload or transmit content that is unlawful, defamatory, harassing, discriminatory, threatening, obscene, or that you do not have the right to use;
• (d) upload viruses, malware or other harmful code;
• (e) access or attempt to access accounts, companies, data or systems you are not authorized to access, or probe, scan, penetration-test or load-test the Services without Diggit’s prior written permission;
• (f) interfere with, overload or disrupt the Services, or circumvent usage limits, plan limits, rate limits, billing meters, permissions or security features;
• (g) copy, modify, create derivative works of, reverse engineer, decompile or disassemble the Services, except to the extent the law expressly allows despite this restriction;
• (h) scrape, crawl or extract data from the Services by automated means, except through interfaces Diggit provides for that purpose and within their limits;
• (i) use the Services or Output to build, train or improve a competing product, or to benchmark the Services for publication, without Diggit’s written consent;
• (j) resell, sublicense, rent, lease, time-share or provide the Services to anyone outside the Customer’s organization, except as an Order Form allows;
• (k) misrepresent the source of any record, falsify records, signatures or time entries, or use the Services to commit fraud, including wage, billing or insurance fraud;
• (l) use the Services to send unsolicited bulk messages or spam;
• (m) use the Services in any situation where failure could lead directly to death, personal injury or serious physical or environmental damage, other than as a recordkeeping tool under Section 3; or
• (n) use the Services in violation of export or sanctions laws (Section 12.9).

7.2 Monitoring and enforcement. Diggit may (but is not obliged to) monitor use of the Services, investigate suspected violations, remove or disable content, and cooperate with law enforcement.

7.3 Suspension. Diggit may suspend or limit any user’s or the Customer’s access to all or part of the Services, immediately and without liability, if Diggit reasonably believes that:

• (a) there has been a breach of Section 7.1 or of Section 2.2 security duties;
• (b) the use poses a security, legal or operational risk to Diggit, the Services, or others;
• (c) fees are unpaid (see Section 8.6);
• (d) suspension is required by law or by a Third-Party Service; or
• (e) the account appears to be abandoned, fraudulent or created in violation of these Terms.

Where reasonable and lawful, Diggit will give notice and an opportunity to fix the problem before suspending, and will restore access once the cause is resolved.

7.4 Termination by you. The Customer may stop using the Services and cancel its subscription at any time in billing settings or by emailing support@diggit.ai. Cancellation takes effect at the end of the current billing period, and prepaid fees are not refunded except as stated in Section 8.7. A user may delete their own account in the app, subject to the company’s ownership rules.

7.5 Termination by Diggit. Diggit may terminate these Terms or any account (a) on 30 days’ notice for any reason, in which case Diggit will refund any prepaid fees for the unused period; or (b) immediately on notice if the Customer materially breaches these Terms and (where the breach can be fixed) does not fix it within 10 days of notice, if fees remain unpaid after Stripe’s final retry, if the Customer becomes insolvent or enters bankruptcy, or if continuing would violate law.

7.6 Effect of termination. When these Terms or a subscription end: (a) the Customer’s right to use the paid Services ends, and the company may become suspended or read-only; (b) all unpaid fees become due immediately; (c) Customer Data is handled under Sections 5.6 and 5.7; and (d) each party returns or destroys the other’s Confidential Information on request, except as kept under legal or backup retention.

7.7 Survival. Sections 2.3 to 2.6, 3, 4.2 to 4.8, 5.4, 5.6 to 5.8, 6.3, 6.4, 7.6, 7.7, 8 (for amounts owed), 9, 10, 11, 12 and 13, and any other terms that by their nature should survive, survive termination.

8.Plans, fees and billing

In plain words: Paid plans (Build and Scale, monthly or yearly) are charged in advance through Stripe and renew automatically until you cancel. Usage above your plan can be charged. If payment fails and Stripe gives up, your company goes read-only with AI off until you pay. No refunds except as stated. Prices can change with 30 days’ notice.

8.1 Plans. The plans, prices, included usage, limits and features are shown at sign-up, in billing settings, and on Diggit’s pricing page, or in an Order Form. Plans currently include monthly and annual options.

8.2 Authorization to charge. Payments are processed by Stripe. By giving a payment method, the Customer authorizes Diggit and Stripe to charge it, automatically and without further approval, for (a) subscription fees in advance for each billing period; (b) usage-based fees measured by the Services’ usage meter, in arrears; (c) applicable taxes; and (d) any other fees the Customer agrees to. The Customer must keep a valid payment method on file.

8.3 Automatic renewal. Each paid subscription renews automatically at the end of each billing period (monthly or annual) for a period of the same length, at the then-current price, unless the Customer cancels before the renewal date. The Customer can cancel online at any time in billing settings. Diggit will send any renewal reminders and disclosures that applicable automatic-renewal laws require.

8.4 Usage meter. Diggit’s usage meter is the record of usage for billing. If the Customer believes a usage charge is wrong, it must tell Diggit in writing within 30 days of the invoice or charge, with details. Otherwise the charge is final.

8.5 Taxes. Fees do not include taxes. The Customer pays all sales, use, value-added, goods-and-services, withholding and similar taxes, other than taxes on Diggit’s net income. If the Customer claims a tax exemption, it must give Diggit a valid exemption certificate.

8.6 Failed payments and read-only mode. If a payment fails, Stripe may retry it, and the Customer keeps working during the retry period. If Stripe’s final retry fails, the company becomes read-only: users can sign in and see their data, but cannot create, edit, submit or build, and AI Features are turned off, until the past-due amount is paid. Diggit may also suspend the account under Section 7.3 or terminate under Section 7.5. Past-due amounts may accrue a late charge of 1.5% per month or the highest rate the law allows, whichever is lower, and the Customer pays reasonable costs of collection. Diggit is not liable for any consequence of read-only mode or suspension for non-payment, including missed or late records.

8.7 No refunds. All fees are non-refundable and non-cancellable, including for partial billing periods, unused seats, unused usage, downgrades, and periods when the account was not used, except (a) as required by law; (b) as stated in Sections 1.7(d) and 7.5(a); or (c) as Diggit agrees in writing.

8.8 Plan changes. Upgrades take effect immediately and may be charged a pro-rated amount. Downgrades take effect at the next billing period. Downgrading may reduce features, limits or capacity, and Diggit is not liable for any resulting loss of features or data access.

8.9 Price changes. Diggit may change prices. Diggit will give at least 30 days’ notice before a price increase applies to the Customer. The new price applies from the next billing period (or the next annual renewal, for annual plans) after the notice period. If the Customer does not agree, it may cancel before the new price applies.

8.10 Disputed charges. The Customer agrees to contact Diggit before disputing a charge with its bank or card issuer. A chargeback filed without first giving Diggit 30 days to resolve the issue is a breach of these Terms, and Diggit may suspend the account while it is pending.

9.Beta, prototype and free features

In plain words: Anything labeled beta, preview, prototype, early access, experimental, or free comes as is, may change or vanish, and carries no promises from us.

9.1 What they are. Diggit may offer features or plans labeled beta, preview, prototype, pilot, early access, experimental, “in progress,” or similar, or offered free or on a trial (“Beta and Free Features”). Features still being built (for example certified payroll) may be offered this way.

9.2 As is. Beta and Free Features are provided AS IS, AS AVAILABLE and WITH ALL FAULTS, without any warranty, support, uptime or data-retention commitment. They may be incomplete, contain errors, lose data, and differ from the final feature. Diggit may change, suspend or end them at any time without notice or liability.

9.3 No liability. To the fullest extent the law allows, Diggit has no liability of any kind arising from Beta and Free Features. Where liability cannot be excluded, it is capped at US $100 in total.

9.4 Confidentiality and feedback. Unless Diggit says otherwise, non-public Beta Features and information about them are Diggit’s Confidential Information. Feedback on them is covered by Section 12.2.

9.5 Trials. A free trial ends at the date shown. A trial converts to a paid subscription only if the Customer chooses a paid plan and gives a payment method. Data entered during a trial may be deleted if no paid plan is chosen, subject to Section 5.6(b).

10.Warranty disclaimer, limitation of liability and indemnification

In plain words: Diggit comes as is. We do not promise it will always be up or always be right. If something goes wrong, we are not liable for indirect losses like lost profits, lost data, project delays, liquidated damages or back-charges, and our total liability is capped at what you paid us in the past 6 months, or $100 if that is more. If your work, your workers, your data or your use of Diggit gets us pulled into a claim, you cover us. These limits apply as far as the law allows.

10.1 Limited commitments. Diggit will provide the Services in a professional manner consistent with general industry standards for similar software. The Customer’s sole and exclusive remedy, and Diggit’s entire liability, for a breach of this Section 10.1 is for Diggit to use reasonable efforts to correct the problem and, if Diggit cannot do so within a reasonable time, for either party to terminate the affected subscription and for Diggit to refund prepaid fees for the unused remainder of the term. A claim under this Section must be made in writing within 30 days of the problem first occurring.

10.3 No uptime guarantee. Diggit makes no commitment about availability, uptime, response time or support response time unless Diggit signs a separate service level agreement, which then provides the Customer’s sole remedy for any failure to meet it.

10.5 Indemnification by the Customer. The Customer will defend, indemnify and hold harmless the Diggit Parties from and against all claims, demands, suits, investigations and proceedings brought by any third party (including any worker, subcontractor, project owner, general contractor, insurer, union, or government agency), and all resulting losses, liabilities, damages, judgments, settlements, fines, penalties, back pay, costs and expenses (including reasonable attorneys’ and experts’ fees), arising out of or relating to:

• (a) Customer Data, including any claim that Customer Data, or Diggit’s processing of it under these Terms, infringes or violates anyone’s rights or any law;
• (b) the acts or omissions of the Customer, its users, and anyone using its account, credentials, Customer Keys or connected AI agents;
• (c) the Customer’s use of the Services, Output or Setup Work, including any record filed, signed, sent, or relied on, and any decision made, with or without the human review Section 4.3 requires;
• (d) any injury, death, illness, property damage, utility strike, environmental release, or other incident on or connected with the Customer’s jobsites, work, equipment, vehicles or operations;
• (e) any claim by a worker or job applicant of the Customer, including claims about employment, discrimination, harassment, discipline, termination, privacy, monitoring, location tracking, or workers’ compensation;
• (f) any wage, hour, overtime, meal or rest break, prevailing-wage, Davis-Bacon, certified payroll, fringe-benefit, classification or payroll-tax claim, audit or assessment;
• (g) any failure to give notice or obtain consent for recording, transcription, location, photos, biometrics, monitoring or messages, including under wiretap, eavesdropping, biometric-privacy, employee-monitoring, and messaging laws;
• (h) any Third-Party Service the Customer uses or connects, and any data sent to it at the Customer’s direction;
• (i) the Customer’s breach of these Terms or violation of any law or regulation; or
• (j) any dispute between the Customer and any of its users, workers, subcontractors, customers or project partners.

This indemnity applies regardless of whether the claim alleges that a Diggit Party was also negligent, except to the extent a court or arbitrator finally determines that the loss was caused by that Diggit Party’s fraud, gross negligence or willful misconduct, or to the extent the law does not allow indemnity for a party’s own fault.

10.6 Indemnity procedure. Diggit will notify the Customer of a claim within a reasonable time (a delay only reduces the Customer’s obligations to the extent it causes actual prejudice). The Customer will control the defense with counsel reasonably acceptable to Diggit. Diggit may take part with its own counsel at its own cost, and may take over the defense at the Customer’s cost if the Customer does not diligently defend. The Customer may not settle any claim that admits fault by, or imposes any obligation (other than payment the Customer makes in full) on, a Diggit Party without Diggit’s prior written consent.

10.7 Diggit’s limited IP indemnity. Diggit will defend the Customer against a third-party claim that the Services, as provided by Diggit and used in accordance with these Terms, infringe a United States patent, copyright or trademark, and pay damages finally awarded or agreed in settlement, subject to Section 10.4. This does not cover Customer Data, Output, Third-Party Services, Beta and Free Features, combinations with anything not provided by Diggit, or modifications not made by Diggit. Diggit may instead modify the Services, obtain a license, or terminate and refund prepaid unused fees. This is the Customer’s sole remedy for infringement claims.

10.8 Allocation of risk. The Customer agrees that it is in the best position to control and insure against the risks of its jobsites, workers, work, records and compliance, and that the allocation of risk in Sections 3, 4, 9 and 10 is reasonable. The Customer will maintain insurance appropriate to its business, including commercial general liability and workers’ compensation insurance as the law requires.

10.9 Jurisdictional limits. Some jurisdictions do not allow certain warranty disclaimers or limits on liability. In those jurisdictions, the disclaimers and limits in these Terms apply to the greatest extent the law allows, and nothing in these Terms limits any right that cannot be limited by contract under applicable law.

11.Disputes: arbitration, class-action waiver and time limits

In plain words: If we have a dispute, we first try to work it out for 30 days. If we cannot, it goes to a private arbitrator, one case at a time — no class actions and no jury. Small-claims court and court orders to protect intellectual property are still allowed. Claims must be brought within one year.

11.1 Informal resolution first. Before starting arbitration or any court case, the party with a dispute must send the other a written notice describing the dispute, the relief sought, and contact details (“Dispute Notice”). Notices to Diggit go to support@diggit.ai. The parties will try in good faith to resolve the dispute for 30 days after the Dispute Notice is received, including at least one call or meeting if either party asks. Any limitation period is paused during those 30 days. Neither party may start a proceeding (other than under Section 11.4) until this process is complete.

11.3 Rules and procedure. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect when the arbitration is filed, as modified by these Terms. There will be one arbitrator, who must be a lawyer with experience in commercial or technology contracts. The seat of arbitration is Orange County, California; hearings may take place by video or phone, and claims under US $25,000 may be decided on written submissions alone if either party asks. The arbitrator may award any individual relief a court could award, subject to the limits in these Terms, and must give a short written reasoned decision. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section 11. The arbitrator decides all questions about arbitrability and the scope, validity and enforceability of this Section 11, except that a court decides questions about Section 11.5 (class waiver) and Section 11.7 (mass filings). Each party pays its own attorneys’ fees, and filing and arbitrator fees are paid as the rules provide, except that the arbitrator may award fees and costs to the prevailing party where the law or these Terms allow. The arbitration and the award are confidential, except as needed to enforce the award or as the law requires.

11.4 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies and stays there; (b) seek a temporary restraining order, preliminary injunction or other equitable relief in court to protect its intellectual property, Confidential Information, or the security of the Services, or to stop a breach of Section 7.1, while an arbitration is pending or before it starts; and (c) Diggit may bring a court action to collect undisputed unpaid fees.

11.7 Mass filings. If 25 or more similar arbitration demands are filed against Diggit by or with the help of the same or coordinated counsel or organizations, they will be handled in batches of no more than 25, with one arbitrator per batch, and the other demands will be held (with any limitation periods paused) until earlier batches are resolved. The parties will try in good faith to resolve the remaining demands after each batch. A court may enforce this Section 11.7.

11.8 Opt-out for individuals. An individual user (not a company) may opt out of Sections 11.2 to 11.7 by emailing support@diggit.ai within 30 days of first accepting these Terms, with their name, email and a statement that they opt out of arbitration. Opting out does not affect any other part of these Terms.

11.9 If arbitration does not apply. If Section 11.2 does not apply to a Dispute (for example, because of Section 11.4 or 11.8, or because a court finds it unenforceable), the Dispute will be brought only in the state or federal courts located in Orange County, California, and each party consents to their exclusive jurisdiction and venue and waives any objection to it.

11.11 Governing law. These Terms and any Dispute are governed by the laws of the State of California, without regard to its conflict-of-law rules, and by the Federal Arbitration Act for Section 11. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

12.General terms

In plain words: We own Diggit; you get to use it. Ideas you send us, we can use. Both sides keep each other’s secrets. The rest is the usual fine print.

12.1 Diggit’s intellectual property. Diggit and its licensors own all rights, title and interest in the Services, including the software, AI Features (excluding Customer Data and Output for the Customer), models, prompts, templates, Setup Work methods, documentation, designs, the “Diggit” and “Buck” names and logos, Aggregated Data, Usage Data, and all improvements, modifications and derivative works of any of them, and all intellectual property rights in them. Subject to these Terms and payment of fees, Diggit grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the subscription term to access and use the Services, and to let its users do so, solely for the Customer’s internal business purposes. Diggit reserves all rights not expressly granted. Forms and records the Customer creates from Diggit templates are Customer Data, but the underlying templates remain Diggit’s.

12.2 Feedback. If you or your users send Diggit ideas, suggestions, comments, bug reports or other feedback (“Feedback”), you grant Diggit a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable and sublicensable license to use, copy, modify, disclose and commercialize the Feedback for any purpose, without any duty of attribution, payment or confidentiality to you. Feedback does not include Customer Data.

12.3 Confidentiality.

• (a) “Confidential Information” means non-public information that one party (“Discloser”) gives the other (“Recipient”) that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data (for Diggit as Recipient) and non-public product, pricing, security, roadmap and Beta Feature information (for the Customer as Recipient). It does not include information that the Recipient can show (i) is or becomes public through no fault of the Recipient; (ii) it already knew without a duty of confidentiality; (iii) it received lawfully from a third party without a duty of confidentiality; or (iv) it developed independently without using the Discloser’s information.
• (b) The Recipient will use the Discloser’s Confidential Information only to perform under or exercise its rights under these Terms, will protect it with at least reasonable care, and will disclose it only to its and its affiliates’ employees, contractors, Subprocessors and advisers who need to know it and are bound by confidentiality duties at least as protective.
• (c) The Recipient may disclose Confidential Information if required by law, subpoena or court order, after giving the Discloser prompt notice (where lawful) and reasonable help, at the Discloser’s cost, to seek protection.
• (d) Breach of this Section may cause irreparable harm, and the Discloser may seek injunctive relief in addition to other remedies.

12.4 Publicity. Diggit may identify the Customer by name and logo as a customer in its marketing, unless the Customer opts out by emailing support@diggit.ai.

12.5 Force majeure. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, earthquake, epidemic, war, terrorism, civil unrest, labor disputes, government action, power, internet or telecommunications failures, cyberattacks not caused by the affected party’s failure to use reasonable safeguards, and failures or outages of Third-Party Services, hosting providers or AI providers.

12.6 Assignment. The Customer may not assign or transfer these Terms, by law or otherwise, without Diggit’s prior written consent, except to a successor in a merger or sale of substantially all of its assets that is not a Diggit competitor, on written notice. Diggit may assign these Terms without consent, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. Any attempted assignment in breach of this Section is void. These Terms bind and benefit permitted successors and assigns.

12.7 Notices. Diggit may give notices by email to the account owner, admins or billing contact, by notice in the Services, or by mail to the address on file; email notices are effective when sent. The Customer must give legal notices (including Dispute Notices and claims) by email to support@diggit.ai; they are effective when received. The Customer must keep its contact details current.

12.8 Electronic communications and signatures. You agree to receive all notices, agreements, disclosures and other communications electronically, and that electronic communications satisfy any legal requirement that they be in writing. You agree that clicking, ticking a box, typing your name, or other electronic acts to accept these Terms or any document are your electronic signature under the federal ESIGN Act and state electronic-transactions laws, with the same effect as a handwritten signature.

12.9 Export controls and sanctions. You will comply with all US and other applicable export-control and sanctions laws. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive US sanctions, and are not on, owned or controlled by anyone on, any US government restricted-party list. You will not allow any such person to use the Services, or export or use the Services in violation of those laws.

12.10 Anti-corruption. Neither party has received or been offered any bribe, kickback or improper payment in connection with these Terms.

12.11 Government users. The Services are commercial computer software and documentation. If a US government entity uses them, its rights are only those in these Terms, under FAR 12.212 and DFARS 227.7202.

12.12 Independent parties. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, fiduciary or employment relationship. Neither party may bind the other. Diggit is not an employer, joint employer or co-employer of any Customer worker.

12.13 No third-party beneficiaries. There are no third-party beneficiaries of these Terms, except the Diggit Parties under Section 10 and Apple under Section 6.8. Users of the Customer are not third-party beneficiaries of Diggit’s obligations to the Customer.

12.14 Entire agreement. These Terms, together with the documents listed in Section 1.6, are the entire agreement between the parties about their subject matter and supersede all prior and contemporaneous agreements, proposals, statements, demonstrations and understandings, written or oral. The Customer has not relied on any statement, demonstration, sales material, roadmap or promise of future features that is not in these Terms. Purchases are not contingent on any future feature.

12.15 Amendments and waivers. Except as stated in Section 1.7, a change to these Terms must be in writing and signed (including electronically) by authorized representatives of both parties. A failure or delay to enforce a right is not a waiver. A waiver is effective only in writing and only for the instance stated.

12.16 Severability. If any provision of these Terms is held invalid or unenforceable, it will be enforced to the maximum extent permitted and modified to the minimum extent needed to make it enforceable, and the rest of these Terms stays in full effect, except as stated in Section 11.5.

12.17 Interpretation. Headings and “In plain words” summaries are for convenience only and do not affect interpretation; if a summary and the full text differ, the full text controls. “Including” means “including without limitation.” No provision will be interpreted against a party because that party drafted it.

12.18 Counterparts. An Order Form may be signed in counterparts and electronically, each of which is an original.

12.19 Earlier Diggit app. An earlier Diggit app was retired on September 30, 2026. Questions about data in that app go to support@diggit.ai.

13.Definitions

• AI Features — Section 4.1.
• Aggregated Data — Section 5.4.
• Beta and Free Features — Section 9.1.
• Confidential Information — Section 12.3.
• Customer — the organization (or, under Section 1.3(c), the individual) that accepts these Terms.
• Customer Data — Section 5.1.
• Customer Keys — Section 2.6.
• Diggit Parties — Section 10.4(a).
• Dispute and Dispute Notice — Sections 11.2 and 11.1.
• Order Form — a written or online order, quote or plan selection signed or accepted by the Customer and Diggit that refers to these Terms.
• Output — Section 4.2.
• Services — the Diggit web app, mobile apps, voice agent, assistant, AI agents connector, integrations, APIs, websites, Setup Work, support and related services Diggit provides.
• Setup Work — Section 2.7.
• Subprocessors — Section 6.7.
• Third-Party Services — Section 6.1.
• Usage Data — Section 5.4.
• User — any person who accesses the Services through the Customer’s company, including employees, contractors and invited guests.

14.Contact

Diggit, Inc.
Email: support@diggit.ai