Please read the terms below and click "I Accept" at the end of the form.

Your Privacy

1. Your Privacy. Your privacy is important to us. Please read the Twenty20 Privacy Statement (https://twenty20.co/resources/privacy-policy/) (the "Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data, and the legal bases we have to process your Data. The Privacy Statement also describes how Twenty20 uses your content, which is your communications with others; postings submitted by you to Twenty20 via the Services; and the files, photos, documents, digital works, that you upload, store, or share through the Services ("Your Content"). Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Hindsight’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.

Your Content

2. Your Content. Many of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

1. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Hindsight cannot be held responsible for Your Content or the material others upload, store or share using the Services.
2. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Hindsight products and services, you grant to Hindsight a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available publicly,broadly online, or without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.

Code of Conduct

3. Code of Conduct.

1. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
   1. Don’t do anything illegal.
   2. Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, Social Security numbers, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
   3. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
   4. Don’t engage in activity that is fraudulent, false or misleading.
   5. Don’t circumvent any restrictions on access to or availability of the Services.
   6. Don’t infringe upon the rights of others.
   7. Don’t engage in activity that violates the privacy of others.
   8. Don’t help others break these rules.
2. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Hindsight reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.

Service Availability

4. Service Availability.

1. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device.
2. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Hindsight is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We make regular backups or your data. It may be required that a backup is used to restore your data to a previous time. You may request a backup of your data at anytime to store locally however you choose.

Updates to the Services or Software, and Changes to These Terms

5. Updates to the Services or Software, and Changes to These Terms.

1. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services.
2. Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. Hindsight isis not obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.
3. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14.k), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

Software License

6. Software License. Unless accompanied by a separate Hindsight license agreement, any software provided by us to you as part of the Services is subject to these Terms.

1. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by Hindsight. Twenty20 Services are based on an open source third-party platform called Twenty20. By accepting these terms, you are also accepting the Twenty20 terms and conditions and licensing. Notices, if any, for the third-party code are included for your information only.
2. The software is licensed, not sold, and Hindsight reserves all rights to the software not expressly granted by Hindsight or its affiliated third parties, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
   1. circumvent or bypass any technological protection measures in or relating to the software or Services;
   2. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
   3. separate components of the software or Services for use on different devices;
   4. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless Hindsight expressly authorizes you to do so;
   5. transfer the software, any software licenses, or any rights to access or use the Services;
   6. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
   7. enable access to the Services by unauthorized third-party applications.

Payment Terms

7. Payment Terms. If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

1. Subcriptions. Unless otherwise provided on the applicable Order Form, (a) Services are purchased as subscriptions, (b) additional Authorized User subscriptions for Customer employees or other Customer designees may be added during a subscription term at the pricing indicated in the applicable Order Form, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions unless otherwise specified on the Order Form.
2. Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Twenty20 Service was paid. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
3. Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Hindsight account management website (https://twenty20.co/account/). Additionally, you agree to permit Hindsight to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
4. Billing. By providing Hindsight with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize Hindsight to charge you for the Services or available content using your payment method; and (iii) authorize Hindsight to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed.
5. Recurring Payments. When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually), you agree that you are authorizing recurring payments, and payments will be made to Hindsight by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by Hindsight. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing Hindsight to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Hindsight or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
6. Contract Renewal. If no other agreement is in place, the Contract will automatically renew for a one (1) year period, and will automatically renew each year unless thirty (30) days prior written notice is provided. If the current retail price of the Software has changed, Software price will not increase more than fifteen percent (15%) of the previous signed contract amount. Any new modules that are desired at the time of renewal and not included on the orignal Order Form will be billed at the time of the contract renewal.
7. Overdue charges and late Fees. If any invoiced amount is not received by Hindsight by the due date, then without limiting Company’s rights or remedies, Hindsight may charge Customer late interest fees at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower.
8. Online Invoices and Errors. Hindsight will provide you access to all invoices via the the Hindsight account management website (https://twenty20.co/my-invoices/), where you can view and print your statement. This is the only billing information that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won't be required to correct the error or provide a refund. If Hindsight has identified a billing error, we will correct that error within 90 days.
9. Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that Hindsight has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
10. Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, visit the Hindsight account management website. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled. If you initiate a chargeback or reversal with your bank for your payment of Services, we will deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your service and/or revoke any content that was provided to you in exchange for such payment.
11. Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
12. Promotional Offers. From time to time, Hindsight may offer Services for a trial period during which Hindsight will not charge you for the Services. Hindsight reserves the right to charge you for such Services (at the normal rate) if Hindsight determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
13. Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
14. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
15. Bank Account Payment Method. You may register an eligible bank account with your Hindsight account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house ("ACH") entries, a European financial institution that supports Single Euro Payments Area ("SEPA") or "iDEAL" in the Netherlands). Terms you agreed to when adding your bank account as a payment method in your Hindsight account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize Hindsight (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your Hindsight account. Contact customer support as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.

Contracting Entity, Choice of Law, Jurisdiction

8. Contracting Entity. For all Services, you're contracting with Hindsight Technologies LLC, 22424 S Ellsworth Loop #642, Queen Creek, AZ 85142, U.S.A.

9. Choice of Law and Place to Resolve Disputes. If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state of Arizona govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Pheonix, AZ for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).

Warranties

10. Warranties. HINDSIGHT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN "AS IS" BASIS "WITH ALL FAULTS" AND "AS AVAILABLE." YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. HINDSIGHT DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

Limitation of Liability

11. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from HINDSIGHT or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.

Service-Specific Terms

12. Service-Specific Terms.The terms before and after section 12 apply generally to all Services. This section contains service-specific terms that are in addition to the general terms. These service-specific terms govern if there are any conflicts with the general terms.

1. Twenty20 Construction Software (Twenty20 Construction Cloud)
   1. Subscription.Unless otherwise provided in the applicable Order Form, (a) Services are purchased as subscriptions, (b) additional Authorized User subscriptions for Customer employees or other Customer designees may be added during a subscription term at the pricing indicated in the applicable Order Form, prorated for the portion of that subscription term remaining at the time the subscriptions are added, and (c) any added subscriptions will terminate on the same date as the underlying subscriptions unless otherwise specified on an Order Form.
   2. Support. For the term of your subscription agreement, Hindsight offers a support service, with an unlimited number of tickets for bugs.
      Support issues shoudl be submited using the Twenty20 Ticketing system. If that is not availabe then send an email to support@twenty20.io.
      In case of emergency, you can call our support teams directly for a real-time answer by calling 562-285-9991. Our support teams are split across 3 continents in India (Ahmedabad), United States, and Costa Rica. Support is offered during normal business hours 8am – 5pm Arizona time Monday – Friday excluding legal holidays in the respective countries. Free support does NOT include the following:
      1. Requests to modify or customize forms, reports, and any part of the Twenty20 Software.
      2. Reconcile or troubleshoot job cost and accounting entries or balances
      Those services may be included in the Order Form or offered as an extra through our professional services group and quoted independently. Our standard hourly rate is $175/hr unless specified in writing.
   3. Implementation and Professional Service as indicated on your order form.
   4. Usage Limits. Services are subject to usage limits, including, for example, the quantities specified in Order Form corresponding to product/service levels and number of Authorized Users under a specific Customer subscription.
      Unless otherwise specified, (a) a quantity in an Order Form refers to Authorized Users specifically designated to use Customer subscriptions to a Service, and an applicable Service may not be accessed by more than that number of Authorized Users; (b) a product level in an Order Form refers to the volume of data that may be loaded by an Authorized User; (c) an Authorized User’s password may not be shared with any other individual; (d) an Authorized User identification may be reassigned to a new individual replacing one who no longer requires ongoing use of the Services. (e) it is forbidden to publish, distribute, sublicense, or sell copies of the Software or modified copies of the Software, unless otherwise agreed to in writing by Company. If Customer or one of its Authorized Users who is designated to use a Customer subscription exceeds a contractual usage limit, Company reserves the right to impair Customer’s (or any of its Authorized User’s) access to the Services until Customer conforms its use to the contractual limit and/or to charge the Customer for overages.

Binding Arbitration

13. Binding Arbitration if You Live In (or, If a Business, Your Principal Place of Business Is In) the United States. We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Hindsight and Hindsight’s affiliates.

1. Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your Hindsight adn Twenty20 account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
2. Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to Hindsight Technologies LLC, ATTN: CELA Arbitration, 22424 S Ellsworth Loop, Queen Creek, AZ 85142 U.S.A Tell us your name, address, how to contact you, what the problem is, and what you want. We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
3. Severability. If any part of section 13 (Binding Arbitration) is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, section 13 will be unenforceable in its entirety.

Miscellaneous

14. Miscellaneous. This section, and sections 1, 7 (for amounts incurred before the end of these Terms), 8, 9, 10, 11, 13, 16 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and Hindsight for your use of the Services. It supersedes any prior agreements between you and Hindsight regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change. Section 13.c says what happens if parts of section 13 (binding arbitration) are found to be illegal or unenforceable. Section 15.c prevails over this section if inconsistent with it. Except for section 13 (arbitration) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for Hindsight’s successors and assigns.

15. Export Laws. You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use.

16. Reservation of Rights and Feedback. Except as expressly provided under these Terms, Hindsight does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Hindsight or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Hindsight any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Feedback"), you give to Hindsight, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Hindsight to license its software, technologies or documentation to any third party because Hindsight includes your Feedback in them.

17.Future Functionality. You agree that your acceptance of these terms and the purchase and use of Services are not contingent on the delivery of any future functionality, features, or dependent on any oral or written comment made publicly by Hindsight regarding future functionality or features.