Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website weare-capture.com and the professional services provided by WeAre Services LLC, a New Jersey limited liability company, doing business as WeAre Capture (“WeAre”, “we”, “us”). By using the site or engaging us for work, you agree to these Terms.

1. Services

WeAre provides reality-capture and related documentation and modeling services, including laser scanning, scan-to-BIM modeling, as-built documentation, and reverse engineering. Specific scope, deliverables, level of detail (LOD), timelines, and fees are defined in a written proposal or statement of work (“SOW”) signed by both parties.

2. Client obligations

You agree to:

• Provide accurate project information and timely feedback on review milestones.
• Grant safe, timely site access required for field work, including any permits or escorts.
• Pay invoices per the terms in the SOW.

3. Fees and payment

Fees and the payment schedule are set in the SOW. Most engagements require a deposit (typically 50% of the total fee) upon SOW signature, with the balance invoiced on delivery and due per the schedule in the SOW (typically net 15 to net 30 days from issue). Smaller or ongoing engagements may instead be invoiced entirely on a net 30 basis, as agreed in the SOW. Late payments accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower. Reasonable collection and legal costs may be added.

4. Deliverables and intellectual property

Raw scan data, registered point clouds, and derived BIM models delivered under the SOW become your property upon full payment. WeAre retains a perpetual, non-exclusive license to use anonymized project data for internal benchmarking, training, and marketing (with identifying details removed). WeAre retains all rights in its tools, workflows, and templates, and in the website itself.

5. Confidentiality

Each party will protect the other’s non-public information using at least reasonable care and will not disclose it except to personnel or subcontractors with a need to know who are bound by equivalent confidentiality obligations. These duties survive termination for three (3) years.

6. Warranties and disclaimers

WeAre warrants that services will be performed in a professional and workmanlike manner consistent with industry standards. Except as expressly stated in the SOW, all services and deliverables are provided “AS IS”. WeAre disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, even if advised of the possibility. Each party’s aggregate liability arising out of or relating to the Services is limited to the fees paid by you to WeAre in the six (6) months preceding the event giving rise to the claim.

8. Indemnification

You agree to indemnify and hold harmless WeAre, its officers, employees, and subcontractors from and against any claims, damages, or costs arising out of your breach of these Terms, your misuse of deliverables, or your violation of applicable law.

9. Termination

Either party may terminate an engagement for the other’s material breach that remains uncured for 14 days after written notice. On termination you will pay for all work performed and non-cancellable commitments through the effective date of termination. Sections on confidentiality, IP, warranties, liability, and governing law survive termination.

10. Force majeure

Neither party is liable for failure to perform due to events beyond its reasonable control, including natural disasters, labor disruptions, utility or network outages, governmental actions, or epidemics. Delayed deadlines will be extended by the duration of the event.

11. Governing law and disputes

These Terms are governed by the laws of the State of New Jersey, USA, without regard to its conflict-of-laws rules. Any dispute will be resolved in the state or federal courts located in New Jersey, and the parties consent to the exclusive jurisdiction and venue of those courts. If you are located outside the U.S., you may have additional mandatory rights under local law that are not waived by these Terms.

12. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date above will change when we do. Continued use of the website or engagement of our services after a change constitutes acceptance of the updated Terms.

13. Contact

Questions about these Terms? Email offer@weare-capture.com.