Terms of Service

Acceptance of Terms

Thank you for visiting our website at https://www.navigate.ai/ (the "Site") and using our products and services, including any SMS / text messaging services we offer (collectively with the Site, the "Services"). The Services are maintained and operated by Navigate AI HoldCo, Inc. and its affiliates ("Navigate AI"). All use of the Services is subject to the terms and conditions contained in these Terms of Service (the "Terms"). Please read these Terms carefully. By accessing, browsing or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the terms and conditions of these Terms, you shall not access, browse or use the Services. Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and share your personal information.

Applicability of these Terms

These Terms apply to your use of the Site and our SMS messaging services and do not govern any separate products or services provided by Navigate AI pursuant to a written agreement. If you have entered into a separate written agreement with Navigate AI for products or services, the terms of that agreement shall control with respect to such products or services, and these Terms shall not apply to your use of such products or services. The "SMS / Text Messaging Service Terms" section below applies to any individual who enrolls in or receives text messages from Navigate AI's Messaging Service.

Modifications to these Terms

You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the "Terms" link on the Site. The revised terms and conditions will become effective upon posting. Any use of the Services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

Website Content

This Site contains material, including but not limited to videos, logos, text, graphics and images (collectively, the "Content") that is protected by U.S. and foreign copyright, trademark and other intellectual property laws and regulations. We may own the Content or portions of the Content may be made available to us through arrangements that we have with third-parties. Unauthorized use of the Content may result in violation of copyright, trademark, and other intellectual property laws and regulations. You have no rights in or to the Content and are only permitted to access and use the Content for your internal purposes. You may not copy, sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. Unless approved by Navigate AI in writing, the use or posting of any of the Content on any other website or computer network for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Site shall automatically terminate.

This Site is hosted in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

External Sites

The Site may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact a representative of those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of any materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk.

Feedback

You may from time to time provide suggestions, comments for enhancements or functionality or other feedback ("Feedback") to us with respect to the Site or Content. We shall have full discretion to determine whether or not to proceed with the development or implementation of any Feedback. You hereby grant Navigate AI a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sublicenseable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of the Feedback; and (b) use the Feedback and/or any subject matter thereof, including without limitation, the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.

SMS / Text Messaging Service Terms

The following sections apply to Navigate AI's SMS / text messaging services (the "Messaging Service"), which are offered to field and project teams to support jobsite and project communication.

User Consent

By using Navigate AI's Messaging Service, you expressly consent to the collection, use, and sharing of your personal information as outlined in our Privacy Policy. You acknowledge that you have read, understood, and agree to these Terms and our Privacy Policy, including the terms related to data collection, communications, and sharing.

You further consent to receive text messages from Navigate AI. When you opt in, we will send you a confirmation message to confirm your signup.

By opting in to messages, you agree to receive recurring messages from Navigate AI or from a project or field lead operating on the Messaging Service. Automated announcements may be sent to the mobile number you provided during signup to share important information regarding project activity, jobsite communication, and Service updates.

You may opt out at any time from receiving messages by following the opt-out instructions below. Your continued use of the Messaging Service constitutes your ongoing consent to these Terms.

How Recipients Consent to Receive Messages

Prior to enrolling recipients in the Messaging Service, we (and our business customers utilizing our field communications tools) obtain affirmative, direct consent from each individual. Recipients are asked, in person or in writing: "Do you agree to receive messages from Navigate AI's field communication service for the purpose of improving project and jobsite communication?" Only recipients who provide verifiable, affirmative consent are permitted to be enrolled.

Opt-Out Process

You can cancel the Messaging Service at any time. To opt out, simply text or reply to any text message with "STOP" or "UNSUBSCRIBE". After you send the message to unsubscribe, we will send you a single confirmation message that you have been unsubscribed, after which you will no longer receive SMS messages from us. If you want to join again, simply sign up as you did the first time, and we will resume sending messages to you.

Message Frequency

By subscribing to Navigate AI's Messaging Service, you agree to receive between 4–6 messages per active workday from a project or field lead, or as automated program announcements related to requests, updates, and information about project and jobsite activity. Message frequency may vary based on the program you are enrolled in.

Message and data rates may apply for any messages sent to or from you. If you have any questions about your text plan or data plan, please contact your wireless provider.

SMS Service Liability and Disclaimers

Navigate AI is not liable for any delays, failures, or other issues related to the transmission or receipt of any messages sent through the Messaging Service. Delivery of text messages is subject to effective transmission by your mobile carrier and is not guaranteed by Navigate AI. Carriers are not liable for delayed or undelivered messages.

By subscribing to the Messaging Service, you acknowledge and agree that Navigate AI will not be liable for any damages, losses, or injuries arising from or related to the use of, or failure to receive, any text messages, including but not limited to, delays, non-delivery, or technical issues. Your use of the Messaging Service is at your own risk, and we provide it on an "as-is" basis without any warranties of any kind, express or implied.

Data Security (Messaging Service)

Navigate AI is committed to protecting the security of your personal information. We implement industry-standard security measures to safeguard your data against unauthorized access, use, or disclosure. However, it is also your responsibility to protect the confidentiality of your account information and any passwords or device access associated with your use of the Messaging Service. You agree to notify Navigate AI immediately of any unauthorized use of your account or any other security breach.

Navigate AI will not be liable for any loss or damage arising from your failure to protect your account or personal information adequately. By using the Messaging Service, you acknowledge and accept that no data transmission over the Internet or mobile networks can be guaranteed to be 100% secure, and therefore, you use the Messaging Service at your own risk.

Non-Sharing of Mobile Information

Navigate AI is committed to upholding the highest standards of privacy for personal information collected through the Messaging Service. We do not sell, rent, distribute, or trade your mobile phone number, SMS opt-in consent, or related personal data to third parties or affiliates for marketing or promotional purposes, and we will not do so without your explicit consent unless legally required. Any information shared with third-party service providers is exclusively for the purpose of delivering the Messaging Service to you. Your mobile information will never be shared with third parties or affiliates for marketing purposes.

Getting Help

If you are experiencing issues with the Messaging Service, you may reply to any message with the keyword "HELP" for more assistance, or contact us directly at support@navigate.ai. If you are a T-Mobile customer, you may also contact T-Mobile support directly regarding delivery capabilities.

Limitation of Liability and Disclaimer of Warranties

NAVIGATE AI, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "NAVIGATE AI PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, INCLUDING THE SITE, CONTENT, OR MESSAGING SERVICE, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE NAVIGATE AI PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE NAVIGATE AI PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT SHALL ANY NAVIGATE AI PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH NAVIGATE AI PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE NAVIGATE AI PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Navigate AI Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms or your access to, use or misuse of the Content or Services. Navigate AI shall provide notice to you of any such claim, suit, or proceeding. Navigate AI reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Navigate AI's defense of such matter.

Termination of Access

Navigate AI reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to all or any part of the Services at any time and for any reason without prior notice or liability. Navigate AI reserves the right to change, suspend, or discontinue all or any part of the Services at any time without prior notice or liability.

Miscellaneous

These Terms, and any disputes relating to these Terms or your use of the Services, shall be governed in all respects by the laws of the State of California, without regard to conflicts of laws principles. Any disputes relating to these Terms shall be resolved exclusively in the state or federal courts located in San Francisco, California. These Terms set forth the entire agreement between you and us with respect to the subject matter hereof and supersede all prior agreements relating to such subject matter. Our rights under these Terms may be waived by us only in writing. These Terms are binding on you as well as your successors and permitted assigns. In the event any provision of these Terms is determined to be invalid or unenforceable, such provision shall be deemed severed from the remainder of these Terms and replaced with a valid and enforceable provision as similar in intent as reasonably possible to the provision so severed, and shall not cause the invalidity or unenforceability of the remainder of these Terms.

Privacy Policy

For more information about how we handle your data, please review our Privacy Policy.

Contact Us

Any questions, concerns or complaints regarding these Terms should be sent to contact@navigate.ai. SMS-related help requests can also be sent to support@navigate.ai.