Legal
Terms of Service
Please read this Agreement carefully. These Terms of Service (“Terms”) govern access to and use of the DiamondHawk public website at diamond-hawk.com and the hosted DiamondHawk Command System application (collectively, the “Services”).
By creating an account, accepting an invitation, subscribing, or using the Services, you (“Customer,” “you,” or “your”) agree to these Terms with DiamondHawk Command System (“DiamondHawk”). If you accept on behalf of an organization, you represent that you have authority to bind that organization. If a signed customer agreement exists for paid Services, that agreement controls where it conflicts with these website Terms.
1. The services and operational disclaimer
1.1 Decision-support software
DiamondHawk provides mission operating software for construction, commissioning, and data center delivery, including mission planning, daily command, schedule intelligence, commissioning readiness, and related operational workflows. The Services are decision-support and coordination tools. They do not replace professional engineering judgment, project management authority, field supervision, safety programs, or contractual obligations on a jobsite or in a control room.
1.2 Customer responsibility
Customer retains sole responsibility for jobsite safety, regulatory compliance, schedule authority, commissioning sign-off, energization decisions, and verification of all operational statuses. Statuses, recommendations, and proposed paths displayed in the software do not by themselves authorize field work, schedule changes, or energization unless explicitly confirmed by Customer's authorized personnel through Customer's own procedures.
1.3 Schedule and P6 integrity
DiamondHawk does not silently write back to Primavera P6 or other authoritative schedule systems. Material schedule actions require human review and approval through Customer-controlled export and apply paths.
2. Authorized users and accounts
Access to the authenticated application is limited to users invited or otherwise authorized by Customer. Customer is responsible for managing user access, roles, project memberships, credential confidentiality, and ensuring only authorized personnel use the Services.
3. Intellectual property and licenses
3.1 DiamondHawk ownership
DiamondHawk and its licensors own all rights, title, and interest in the Services, including software, interfaces, documentation, branding, and related intellectual property. No ownership rights are transferred to Customer except the limited right to use the Services as authorized.
3.2 Customer data
Customer retains ownership of all data submitted to the Services (“Customer Data”), including schedules, commissioning records, operational plans, and project content. Customer grants DiamondHawk a worldwide, royalty-free license to host, transmit, display, back up, and process Customer Data solely to provide and improve the Services.
3.3 Feedback
If Customer provides suggestions or feedback, DiamondHawk may use such feedback without restriction or compensation.
3.4 Reference rights
Customer grants DiamondHawk the right to use Customer's name and logo on DiamondHawk's website and marketing materials to identify Customer as a user of the Services, unless Customer opts out in writing.
4. Acceptable use
Customer shall not, and shall not permit any third party to:
- Access the Services without authorization
- Copy, modify, reverse engineer, or attempt to discover source code
- Use the Services to build a competing product or service
- Use automated scraping, bots, or denial-of-service tools against the Services
- Bypass security measures or perform unauthorized vulnerability testing
- Upload malware, abusive content, or fraudulent operational records
- Interfere with other customers' use of the Services
- Use the Services in violation of applicable law or third-party rights
DiamondHawk may suspend access immediately for material violations that create security, safety, or operational risk, or if subscription fees are more than seven (7) days past due when billing applies.
5. Privacy and data protection
DiamondHawk's collection and use of personal information is governed by our Privacy Policy, incorporated into these Terms by reference.
To the extent the California Consumer Privacy Act (“CCPA”) applies to Customer Data, DiamondHawk acts as a “Service Provider” as defined under the CCPA and will:
- Process personal information only for business purposes specified in these Terms
- Not sell personal information or share it for cross-context behavioral advertising
- Not retain, use, or disclose personal information outside the direct business relationship with Customer
- Assist Customer in responding to verifiable consumer requests upon reasonable notice
Customers subject to GDPR or other data protection laws may request a Data Processing Addendum (“DPA”) by contacting [email protected]. DiamondHawk will negotiate such addenda in good faith.
DiamondHawk may create de-identified or aggregated data from Customer Data for analytics and product improvement, provided such data cannot reasonably identify Customer or any individual.
6. Subprocessors
DiamondHawk engages third-party service providers (“Subprocessors”) to deliver the Services, including cloud hosting, payment processing, email, and optional AI inference when enabled. A current Subprocessor list is available on request at [email protected].
DiamondHawk maintains contractual agreements with Subprocessors that impose data protection obligations substantially similar to those in these Terms. DiamondHawk will provide at least thirty (30) days' prior notice before engaging a new Subprocessor that processes Customer Data, when practicable. Customer may object in writing within fifteen (15) days of notice; if DiamondHawk cannot reasonably accommodate the objection, either party may terminate affected Services upon thirty (30) days' written notice.
DiamondHawk remains responsible for Subprocessor acts and omissions to the same extent as if DiamondHawk performed the services directly.
7. Security
DiamondHawk maintains a written information security program designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. Controls include encryption in transit, authenticated access, role-based permissions, project-scoped authorization, operational audit history, and managed cloud infrastructure. See the Security page for current control descriptions.
Upon written request and subject to confidentiality obligations, DiamondHawk will provide a summary of security practices to the extent available.
Customer is responsible for securing its own systems, credentials, and access controls, and must promptly notify DiamondHawk of suspected unauthorized account access at [email protected].
8. Data retention and deletion
During the subscription term, DiamondHawk retains Customer Data as needed to provide the Services.
Customer may export Customer Data during the term using in-product export tools. Upon request, DiamondHawk will provide reasonable export assistance in standard, machine-readable formats where available.
Upon expiration or termination:
- Customer Data is retained for thirty (30) days (Retrieval Period) for export
- Customer may request immediate deletion during the Retrieval Period by writing to [email protected]
- After the Retrieval Period, DiamondHawk deletes or de-identifies Customer Data within sixty (60) days, except as required by law or dispute resolution
- Backup copies may persist up to ninety (90) days in encrypted backup systems
Upon written request within thirty (30) days of deletion, DiamondHawk will provide written certification that Customer Data was deleted in accordance with this section, when applicable.
Customer is solely responsible for regulatory retention requirements applicable to its records and for maintaining independent copies as required by law or contract.
9. Security incidents and breach notification
A “Security Incident” means unauthorized access to, or acquisition, disclosure, or destruction of, Customer Data. Upon confirming a Security Incident affecting Customer Data, DiamondHawk will:
- Promptly investigate and take reasonable steps to contain and mitigate the incident
- Notify Customer without undue delay, and in no event later than seventy-two (72) hours after confirmation that Customer Data was affected, when practicable
- Provide reasonably available information about the nature and scope of the incident and steps taken to address it
- Cooperate with Customer's reasonable information requests
Unless required by law, DiamondHawk will not notify affected individuals or regulators on Customer's behalf without Customer's prior written consent. Customer retains responsibility for determining required notifications. This section does not apply to incidents caused by Customer systems, credentials, or personnel.
10. Subscriptions and fees
When billing is enabled, organization subscriptions, trials, and fees are described at checkout and in account settings. Fees are non-refundable except where required by law or expressly stated in a signed agreement. DiamondHawk may change published pricing with notice for renewal terms.
11. Warranties and disclaimers
To the maximum extent permitted by law, the Services are provided “as is” and “as available.” DiamondHawk disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
DiamondHawk does not warrant uninterrupted availability, error-free operation, regulatory compliance outcomes, or specific uptime percentages unless expressly stated in a signed customer agreement.
12. Indemnification
Customer shall indemnify, defend, and hold harmless DiamondHawk and its officers, directors, employees, and agents from third-party claims, damages, and reasonable legal fees arising out of:
- Customer's breach of these Terms
- Customer Data or Customer's use of the Services
- Jobsite incidents, property damage, or regulatory violations arising from Customer operations (except to the extent caused by DiamondHawk's gross negligence or willful misconduct)
- Inaccurate or unauthorized data entered by Customer users
13. Limitation of liability
To the fullest extent permitted by law, DiamondHawk will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.
DiamondHawk's aggregate liability arising from these Terms will not exceed the total fees paid by Customer in the twelve (12) months preceding the claim, or one hundred U.S. dollars (US $100) if no fees were paid, unless a signed customer agreement states otherwise. Some jurisdictions do not allow certain limitations; in those cases, liability is limited to the maximum extent permitted by law.
14. Term and termination
These Terms begin when you first access the Services and continue until all subscriptions expire or accounts are terminated. Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice, when curable.
DiamondHawk may suspend accounts immediately for acceptable-use violations that create security or operational risk.
15. Governing law and dispute resolution
These Terms are governed by the laws of the United States, excluding conflict-of-law principles.
Any dispute arising from these Terms or the Services shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), except that either party may seek injunctive relief in court for intellectual property or unauthorized access. Each party waives the right to a jury trial and to participate in class actions.
16. Confidentiality and NDAs
DiamondHawk treats customer project information as confidential. Enterprise customers requiring additional protections may request reasonable mutual Non-Disclosure Agreements as part of commercial engagements.
17. Changes
DiamondHawk may update these Terms from time to time. Material updates will be posted on this page and, when practicable, notified to account holders at least thirty (30) days before taking effect. Continued use after the effective date constitutes acceptance unless a signed customer agreement provides otherwise.
18. Contact
Legal notices: [email protected]
Support: [email protected]
Security: [email protected]
Sales and demos: [email protected] or Contact
Related: Privacy Policy · Security