Legal
TERMS OF SERVICE.
Acceptance
These Terms of Service ("Terms") govern access to and use of the DiamondHawk public website and the hosted DiamondHawk Command System application. By accessing the website or using the service, you agree to these Terms. If you accept on behalf of an organization, you represent that you have authority to bind that organization.
Where a signed customer agreement exists, that agreement controls for the customer’s paid service if it conflicts with these website Terms.
Description of Service
DiamondHawk Command System is mission operating software for mission-critical construction, commissioning, and data center operations. Capabilities may include mission planning, daily command, commissioning readiness, schedule intelligence, and related operational decision support. What a customer can use depends on their authorized configuration and any applicable commercial agreement.
Authorized Users
Access to the authenticated application is limited to users invited or otherwise authorized by the customer. Customers are responsible for managing user access, roles, and project memberships, and for ensuring credentials are used only by authorized individuals.
Customer Data
Customers own their project data. DiamondHawk processes that data only as needed to host, operate, support, and improve the platform, including the limited rights reasonably necessary to transmit, display, and back up content in the course of providing the service.
Customers retain ownership of schedules, commissioning records, operational plans, meeting records, and other project content they submit.
DiamondHawk Software Ownership
DiamondHawk and its licensors retain all right, title, and interest in the DiamondHawk software, interfaces, documentation, branding, and related intellectual property. Except for the limited right to use the service as authorized, no other rights are granted.
Confidentiality
DiamondHawk treats customer information as confidential and accesses it only when needed for operations or support. We do not intentionally disclose customer information except when authorized by the customer, when necessary to operate the service, or when required by applicable law.
These confidentiality statements describe intended practices. They are not a guarantee of absolute confidentiality or perfect security.
Non-Disclosure Agreements
DiamondHawk is happy to execute reasonable mutual or customer Non-Disclosure Agreements when requested during procurement or enterprise evaluation. This does not mean every visitor, prospect, or customer automatically has an NDA in place.
Acceptable Use
You may not:
- Access the service without authorization
- Attempt to disrupt, probe, or overload DiamondHawk systems
- Upload malware or abusive content
- Interfere with other customers’ use of the service
- Use the service in violation of applicable law or your contractual obligations to third parties
Availability
DiamondHawk aims to operate a reliable hosted service. These Terms do not guarantee uninterrupted availability, specific uptime percentages, or error-free operation unless a signed customer agreement expressly states otherwise.
Warranty Disclaimer
Except as expressly stated in a signed customer agreement, the website and service are provided on an “as is” and “as available” basis. DiamondHawk disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement to the fullest extent permitted by law.
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, lost revenue, or lost data, arising from use of the website or service. Any aggregate liability of DiamondHawk under these Terms is limited to the fees paid by the applicable customer to DiamondHawk for the service in the twelve (12) months preceding the claim, or one hundred U.S. dollars (US $100) if no fees have been 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.
Changes
DiamondHawk may update these Terms as the product and commercial terms evolve. Updated Terms will be posted on this page. If a signed customer agreement conflicts with these website Terms, the signed agreement controls for that customer’s paid service.
Contact
Legal inquiries: legal@diamond-hawk.com
General and demo inquiries: contact@diamond-hawk.com
Security inquiries: security@diamond-hawk.com
Demo requests may also be submitted through the Contact page.