Terms of Service

These terms govern your use of WAKE — the Android application, the web application at app.wakesuite.com, and this website — provided by Wake Technologies LLC, a limited liability company organised under the laws of the State of New York (“we”, “us”).

By creating an account or using WAKE, you agree to these terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind it, and “you” means that organisation.

If you have a signed agreement with us, that agreement governs. These terms apply where there is no separate written contract, and fill any gaps the contract leaves open. Managed field services — fielding, make-ready analysis, permitting and deliverable production — are always provided under a separate written agreement, not under these terms.

The service

WAKE is a platform for capturing infrastructure survey data in the field, reviewing and correcting it in the office, and exporting it in GIS and CAD formats. We may change, add or remove features as the product develops. If we remove something you depend on materially, we will give you reasonable notice.

Accounts

You must provide accurate account information and keep it current.
You are responsible for activity under your account and for keeping credentials secure. Tell us promptly at [email protected] if you believe an account has been compromised.
An organisation administrator controls who may join that organisation, what role each member holds, and what each role may do. Administrators can see and act on data captured by their members.
You must be at least 18 years old to hold an account.

Your data stays yours

You own the survey data you capture — records, photographs, locations, form definitions and exports. We claim no ownership of it.

You grant us only the permission we need to run the service for you: to store your data, transmit it between your devices and the platform, process it to produce exports and previews, back it up, and display it to the people in your organisation you have authorised. That permission exists to operate WAKE and for nothing else. It ends when you delete the data or close your account, apart from backups that expire on their normal schedule.

You can export your data at any time while your account is active, in the formats the product supports.

Your responsibilities for the data you capture

You are responsible for the lawfulness of what your crews collect. In particular, you confirm:

You have the right to be where you are surveying and to photograph what you photograph, including any permission needed from property owners or pole owners.
Where survey work incidentally captures people, vehicles or private property, you handle that material lawfully.
You have the rights necessary to share captured data with us for processing, and to hand deliverables to your own clients.

Acceptable use

You must not:

Break the law, or use WAKE to help anyone else do so
Attempt to access another organisation's data, or probe, scan or test our systems without written permission
Interfere with or disrupt the service, or place an unreasonable load on it
Reverse engineer, decompile or attempt to derive source code, except where the law expressly permits it
Resell, sublicense or provide the service to third parties as your own, unless we have agreed in writing
Upload malware, or content you have no right to upload

Fees

Pricing, payment terms and subscription length are set out in the order form or written agreement between us. Where fees are payable and not paid, we may suspend access after giving you notice and a reasonable opportunity to put it right. Fees are exclusive of taxes unless stated otherwise.

Availability and support

We work to keep WAKE available and to warn you before planned maintenance. We do not commit to a specific uptime figure under these terms; where an availability commitment applies, it is in a signed agreement.

WAKE is built to work offline by design. Capture on a device continues without a connection, and syncs when one returns.

Our intellectual property

We own WAKE itself — the software, its interfaces, and the WAKE name and branding. These terms grant you a limited, non-exclusive, non-transferable right to use the service while your account is in good standing. Nothing here transfers ownership of our software to you, just as nothing here transfers ownership of your survey data to us.

Third-party services

WAKE works with services we do not control — Google for optional sign-in, email delivery providers, and the GIS and CAD software you open exports in. Their terms govern their services, and we are not responsible for them.

Disclaimers

WAKE is provided “as is”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.

WAKE is a data capture and record-keeping tool. It is not a substitute for professional engineering judgement. Measurements, calculations and exports produced by the platform are inputs to your process, not certified engineering deliverables. You remain responsible for verifying the data you rely on, and for any engineering determination, stamped or otherwise, made from it.

Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue or lost data, even if advised such damages were possible.

Our total liability arising out of or relating to these terms is limited to the amount you paid us for the service in the twelve months before the event giving rise to the claim, or one hundred US dollars if you have paid us nothing.

Nothing in these terms excludes liability that cannot lawfully be excluded, and some jurisdictions do not allow certain exclusions — in which case the limitation applies to the greatest extent the law allows.

Indemnity

You will defend and indemnify us against third-party claims arising from your survey data, from your use of the service in breach of these terms, or from your violation of law or of another person's rights. We will tell you promptly of any such claim and let you control the defence, so long as any settlement releases us fully.

Suspension and termination

You may stop using WAKE and close your account at any time.
We may suspend or terminate access if you materially breach these terms, if your use threatens the security or integrity of the service, or if we are required to by law. Except where the breach is serious or urgent, we will give you notice and an opportunity to fix it.
On termination you get your data. We will make your survey data available for export for at least 30 days after termination, unless the law forbids it. After that we may delete it.

Changes to these terms

We may update these terms as the product and the business change, and will revise the date at the top. For changes that materially reduce your rights, we will give reasonable advance notice to affected customers. Continuing to use WAKE after a change takes effect means you accept it; if you do not, stop using the service and close your account.

Governing law

These terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. Any dispute will be brought exclusively in the state and federal courts located in Onondaga County, New York, and both parties consent to the jurisdiction of those courts.

General

If any provision is held unenforceable, the rest remains in force and that provision is narrowed to the minimum extent needed to make it enforceable.
Our not enforcing a provision is not a waiver of it.
You may not assign these terms without our written consent. We may assign them to an affiliate or to an acquirer of the business.
These terms, together with the privacy policy and any signed agreement between us, are the entire agreement on this subject.

Contact

Wake Technologies LLC
[email protected]