Terms of Service

These Terms of Service ("Terms") govern access to and use of the PRO811Tracker software service and related websites (the "Service"). By creating an account, starting a trial, or using the Service, you agree to these Terms.

Provider: Martins Neto LLC ("Provider", "we", "us"). PRO811Tracker is a product of Martins Neto LLC.
Contact: support@pro811tracker.com
Customer: the business entity accepting these Terms ("Customer", "you").

1. No Affiliation with 811 / One-Call Systems, Utilities, or Government

PRO811Tracker is an independent software service. PRO811Tracker has NO affiliation, sponsorship, endorsement, partnership, or connection of any kind with any state 811 or one-call notification system — including, without limitation, MISS DIG 811 (Michigan), Ohio 811 / OUPS, Alabama 811, WV 811 (West Virginia), or any other one-call center — or with any utility operator, locating contractor, or federal, state, or local government agency. References to those systems within the Service are for identification only. All trademarks belong to their respective owners.

2. Nature of the Service — a Tracking and Organizing Tool Only

The Service aggregates and organizes publicly available locate-ticket information for your convenience. The Service does NOT create, submit, modify, renew, cancel, or respond to locate tickets, and it is not a substitute for the official 811 / one-call process. You remain solely responsible for submitting locate requests, maintaining valid tickets, and complying with applicable state damage-prevention and excavation laws through the official one-call systems.

3. No Responsibility for Accuracy of Ticket Data

Information displayed in the Service may be incomplete, delayed, outdated, or incorrect. Before digging or making any operational decision, you must verify ticket status, dates, and responses against the official 811 / one-call system of record. To the maximum extent permitted by law, Provider is not liable for any damages arising from reliance on data in the Service — including, without limitation, dig-ins, utility strikes, personal injury, property damage, regulatory fines or penalties, or project delays.

4. Accounts

You must provide accurate registration information and keep your credentials confidential. You are responsible for all activity under your accounts. You must be at least 18 years old and using the Service on behalf of a business.

5. Subscription, Trial, and Cancellation

• The Service is offered at $99 per month for a single-state plan or $249 per month for the multi-state plan, which includes subcontractor ticket management, unless a different price is stated in your order or checkout.
• New accounts receive a 30-day free trial. No credit card is required to start the trial. If you do not subscribe by the end of the trial, access may be suspended.
• You may cancel at any time by emailing support@pro811tracker.com or using any self-serve cancellation tools made available. Cancellation is effective at the end of the then-current paid billing period.
• First-charge guarantee: if the Service is not right for you, you may request a full refund of your first monthly charge within 30 days of that charge by emailing support@pro811tracker.com. After the first charge, payments are non-refundable and partial billing periods are not prorated, except where required by law or where we determine, at our discretion, that a service failure on our side warrants a credit or refund.
• If payment is overdue or fails, we may suspend access after reasonable notice.

6. Data Ownership and Export

You retain ownership of the data you submit to the Service and the ticket records associated with your account ("Customer Data"). You grant Provider a limited license to host, process, and display Customer Data solely to provide, maintain, secure, and support the Service. Provider does not sell Customer Data. You may request an export of your Customer Data at any time while subscribed, and for 30 days after cancellation, after which it may be deleted from active systems subject to normal backup retention.

7. Acceptable Use

You will not:

• reverse engineer, decompile, or attempt to discover source code or non-public APIs (except to the extent prohibited by law)
• copy, resell, rent, lease, or provide the Service to third parties as a service bureau
• interfere with or disrupt the Service, including probing, scanning, or testing vulnerabilities without written permission
• use the Service to violate applicable law

8. Warranties and Disclaimers

Provider will provide the Service in a professional and workmanlike manner. Except as expressly stated, the Service is provided "as is" and "as available", and Provider disclaims all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty regarding the accuracy, completeness, or timeliness of locate-ticket data.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES PAID BY CUSTOMER TO PROVIDER FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA (EVEN IF ADVISED OF THE POSSIBILITY). THE FEES REFLECT THE ALLOCATION OF RISK IN THIS SECTION.

10. Indemnification

You will indemnify and hold Provider harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your use of the Service in violation of these Terms or applicable law, including any excavation, digging, or damage-prevention activity conducted in reliance on data in the Service without verification against the official 811 system.

11. Termination

Either party may terminate these Terms immediately upon written notice if the other party materially breaches and fails to cure within 10 days after notice. Upon termination, your right to access the Service ends and any unpaid amounts become immediately due.

12. General

These Terms are governed by the laws of the State of Florida, excluding conflict of laws rules. You may not assign these Terms without Provider's prior written consent; Provider may assign them to a successor in a merger, acquisition, or sale of substantially all assets. Neither party is liable for delays caused by events beyond its reasonable control. These Terms and any order form are the entire agreement regarding the Service. We may update these Terms from time to time; updated Terms apply at renewal or upon your continued use after their effective date, except where prohibited by law.