Terms of Service
These Terms of Service (the “Terms”) are a binding agreement between TrafficCAD (“TrafficCAD,” “we,” “us”) and the individual or organization using the Service (“you,” “Customer”). By creating an account, accepting an invitation to a workspace, purchasing a subscription, or otherwise using the Service, you agree to these Terms. If you are accepting on behalf of an organization, you represent that you have authority to bind that organization.
1. The Service
TrafficCAD is professional software for preparing traffic control plans, sign designs, pavement-marking layouts, and related work-zone documentation (the “Service”). The Service is a design and drafting tool. It is not an engineering firm, does not provide engineering or professional services, and no engineer–client or similar professional relationship is created by your use of it.
2. Professional responsibility
Output produced with the Service — including automatically generated plans, layouts, quantities, and citations — consists of drafts and design aids only. You are solely responsible for reviewing, verifying, adapting, sealing where required, and approving all output before any use in the field, in a submittal, or in any other real-world application, and for ensuring compliance with the MUTCD, applicable state or local supplements, permit conditions, and all other laws, standards, and site conditions that apply to your work. Where the law requires it, that review must be performed by an appropriately licensed professional. TrafficCAD does not warrant that any output is correct, complete, or suitable for any particular site or purpose.
3. Accounts and workspaces
- You must provide accurate account information and keep your credentials confidential. You are responsible for all activity under your account.
- Subscriptions are licensed per seat, per named user. A seat may be reassigned when a person leaves your team; it may not be shared concurrently between people.
- Workspace owners and administrators control membership of their workspace and are responsible for the actions of the users they invite.
4. Subscriptions, fees, and renewal
- Fees, plan tiers, and included features are described at checkout and on our pricing page. All fees are in U.S. dollars and exclusive of applicable taxes, which you are responsible for.
- Subscriptions renew automatically at the end of each billing period until cancelled. You can cancel at any time from Billing; cancellation takes effect at the end of the current period, and access continues until then.
- We may change prices with notice; changes apply from your next renewal.
- Payment processing is provided by Stripe. We do not store your card details.
5. Refunds
The Service is a digital service to which access is granted immediately upon purchase. All fees are non-refundable and non-creditable, including for partial billing periods, unused seats, or unused features, except where a refund is required by applicable law or expressly agreed by us in writing. If something has gone wrong, contact us — we would rather fix the problem than argue about it.
6. Billing disputes and chargebacks
If you believe a charge is incorrect, you agree to contact us at contact@trafficcad.com within thirty (30) days of the charge and to give us a reasonable opportunity to resolve the matter before initiating a dispute with your card issuer. We maintain records of purchases, account activity, and service delivery and will use them in responding to any payment dispute. If a chargeback is initiated without first contacting us, or is found to be without merit, we may suspend or terminate the associated accounts and workspaces and may recover from you the disputed amounts and reasonable costs of responding to the dispute, to the extent permitted by law.
7. Acceptable use
You agree to use the Service only for lawful purposes and in accordance with these Terms. In particular, you will not, and will not permit anyone to:
- share seats or credentials, or make the Service available to anyone other than licensed users of your workspace;
- copy, scrape, crawl, harvest, or bulk-export the Service's content, sign and symbol libraries, templates, or data, whether manually or by automated means, other than exporting your own projects in the ordinary course of use;
- access the Service by any automated means (including bots, scripts, or headless clients) except through interfaces we make available for that purpose;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, data structures, or non-public APIs of the Service, except to the extent that restriction is prohibited by law;
- use the Service or its content to create, train, or improve a competing product, dataset, or service, or republish or resell any part of the Service;
- circumvent or attempt to circumvent usage limits, seat licensing, or any technical or security control;
- upload content that is unlawful or that infringes the rights of others, or use the Service in a way that disrupts it or degrades it for other customers.
8. Suspension
We may suspend access to an account or workspace, in whole or in part, where we reasonably believe suspension is necessary to protect the Service, our customers, or the integrity of our licensing — for example while we review activity that appears inconsistent with these Terms — or where fees are overdue, or where required by law. Where practical we will notify the workspace owner, keep the suspension brief, and restore access promptly once the matter is resolved. We are not required to disclose the specific signals or methods we use to protect the Service. Customer Content (defined below) is not deleted by a suspension.
9. Your content
- You retain all rights in the projects, drawings, data, and other materials you create or upload (“Customer Content”). You grant us a limited license to host, process, transmit, back up, and display Customer Content solely to provide and support the Service.
- You are responsible for Customer Content, including having the rights to any imagery or data you bring into it, and for maintaining your own copies of anything critical; you can export your projects at any time.
- If you send us feedback or suggestions, we may use them without restriction or obligation.
10. Our intellectual property
The Service — including its software, design, sign and symbol renderings, template collections, compilations, documentation, and branding — is owned by TrafficCAD and its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you. This section does not claim ownership of works of the United States Government (such as the MUTCD itself) or other third-party materials, which remain subject to their own terms; TrafficCAD's compilations, renderings, and software embodying them remain ours. TrafficCAD is not affiliated with or endorsed by FHWA or any state department of transportation.
11. Availability and changes
We work to keep the Service available, secure, and backed up, but the Service is provided without a guaranteed service level, and features may change, improve, or be retired over time. We will not materially reduce the core functionality of a paid plan during a period you have already paid for.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAFFICCAD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE, AND DOES NOT WARRANT THAT THE SERVICE OR ITS OUTPUT WILL BE UNINTERRUPTED, ERROR-FREE, OR CORRECT.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) TRAFFICCAD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; (b) TRAFFICCAD WILL NOT BE LIABLE FOR ANY LOSS, INJURY, OR DAMAGE ARISING FROM WORK PERFORMED, PLANS DEPLOYED, OR DECISIONS MADE IN RELIANCE ON OUTPUT OF THE SERVICE, WHICH SECTION 2 REQUIRES YOU TO INDEPENDENTLY VERIFY; AND (c) TRAFFICCAD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE FEES YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain exclusions or limits; in those jurisdictions these apply to the fullest extent permitted.
14. Indemnity
You will defend and indemnify TrafficCAD against third-party claims arising from Customer Content, from your use of output of the Service in the field or in submittals, or from your breach of these Terms, except to the extent caused by our own breach.
15. Termination
You may stop using the Service and cancel at any time. We may terminate or suspend your access for material breach of these Terms that is not cured within a reasonable time after notice (or immediately for breaches of Section 7 that cannot practically be cured). Upon termination your license ends; Sections 2, 5, 6, 9–14, and 16–17 survive. After termination or expiry we may delete Customer Content following a reasonable wind-down period — export anything you need first.
16. Governing law; disputes
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. Before filing any claim, each party agrees to first attempt in good faith to resolve the dispute informally by written notice to the other. Any action arising out of these Terms will be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and the parties consent to their jurisdiction. Public-sector customers: where a statute governing your entity conflicts with this section (for example venue or sovereign-immunity requirements), contact us — we accommodate procurement-specific terms.
17. General
These Terms, together with our Privacy Policy and any order or plan description at checkout, are the entire agreement and supersede prior discussions. We may update these Terms from time to time; material changes will be notified in the Service or by email, and continued use after the effective date constitutes acceptance. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If a provision is unenforceable, the remainder stays in effect. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to us: contact@trafficcad.com.