Terms of Service

1. Acceptance of Terms

Welcome to Cumulus Digital Systems. By accessing or using the Services, you accept these Terms of Service (“Terms”) and our Privacy Policy at cumulusquality.com/privacy-policy. Please read them carefully. They may have changed since your last visit, and the current version is always available at cumulusquality.com/terms-of-service.

If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization and its Users.

If your organization has a signed written agreement with Cumulus that covers the Services (an “Order Agreement”), the Order Agreement controls wherever it conflicts with these Terms. These Terms apply to all Cumulus Services and features unless an Order Agreement or the Services state otherwise.

2. The Services

“Services” means all services and features that Cumulus Digital Systems, Inc. (“Cumulus,” “we,” or “us”) makes available, including this website (cumulusquality.com), the Cumulus Quality Execution System, the Cumulus Control Center, Workflow Builder, Reporting, the Cumulus Mobile Field App, integrations with connected test instruments, professional services, and the AI Features described in Section 8.

The Services help you plan, execute, record, and verify quality-critical work such as bolted connections, insulation resistance testing, and hydrostatic pressure testing. The Services record the work your Users perform and the data your instruments report. They do not perform, supervise, or certify the work itself.

You are responsible for obtaining the equipment, mobile devices, and Internet service you need to access the Services and for paying any fees for them.

We may change, suspend, or discontinue any Service or feature, in whole or in part, at any time and for any reason, subject to any Order Agreement. A Service may also be unavailable from time to time for maintenance, because of equipment malfunction, or for other reasons. Any availability commitment we make appears in the Cumulus Service Level Agreement or in your Order Agreement.

3. Definitions

“Content” means all information, text, images, data, links, software, and other material accessible through the Services, whether created by us or submitted by a User.

“Customer Content” means Content that you or your Users submit to or generate in the Services, including procedures, workflows, test records, measurements, photographs, reports, and instrument data.

“User” means an individual whom you authorize to access the Services under your account, including your employees, subcontractors, and other project participants.

“AI Features,” “Input,” “Output,” and “Third-Party AI Provider” have the meanings given in Section 8.

4. Accounts, Users, and Permissions

4.1 Registration. To use most Services you must register an account and establish a login identifier and password. You agree to provide accurate, complete, and current registration information and to keep it current.

4.2 Credentials. You are responsible for protecting your login credentials from unauthorized use and for all activity that occurs under your account and the accounts of your Users. Notify us immediately at support@cumulusquality.com if you believe any credentials have been or may be used without permission. We are not responsible for losses or damage caused by a failure to safeguard credentials.

4.3 Administrators and Permissions. Your administrators control which Users may access your account, the projects each User can see, and the actions each User may take, including the ability to create and edit workflows, record test results, approve work, and export data. You are responsible for configuring and maintaining those permissions and for removing Users who no longer need access.

4.4 Your Users. You are responsible for your Users’ compliance with these Terms. Acts and omissions of your Users in the Services are your acts and omissions.

5. Your Responsibilities When Using the Services

5.1 Qualified Personnel. The Services are professional tools. You are responsible for ensuring that the Users who plan, perform, inspect, and approve work through the Services are trained, qualified, and authorized to do so under the codes, standards, specifications, contracts, and laws that apply to your work.

5.2 Procedures and Workflows. You are responsible for the accuracy, code compliance, and fitness for purpose of every procedure and workflow you create, import, or use in the Services, however it was created. Before you release a workflow to the field, you must verify it against the source procedure, the applicable codes and standards, and the manufacturer’s and owner’s specifications, and approve it through your own quality process.

5.3 Field Data and Records. The Services record the information your Users enter and the data your connected instruments report. You are responsible for the accuracy and completeness of that information, for following your own quality control and quality assurance programs, and for determining whether a record in the Services satisfies any inspection, test, hold point, documentation, or acceptance requirement that applies to your project. A record in the Services is evidence of what was entered or reported. It is not a certification by Cumulus that any work is complete, safe, or conforming.

5.4 Connected Instruments. The Services can receive data from torque tools, insulation resistance testers, pressure transducers, and other instruments. We report the data an instrument transmits. You are responsible for selecting suitable instruments, for their calibration, maintenance, configuration, and correct use, and for confirming that transmitted values are accurate before you rely on them.

5.5 Compliance. You are responsible for complying with all laws, regulations, permits, and contractual requirements that apply to your use of the Services and to the work you record in them, including data protection laws that apply to information about your Users and other individuals.

5.6 Professional Services. If Cumulus provides implementation, training, or other professional services, the scope, fees, and any deliverables are as described in your Order Agreement or statement of work. Advice we give in the course of professional services does not transfer to Cumulus any of your responsibilities under this Section 5.

6. Customer Content

6.1 Ownership and License. You own your Customer Content. This includes the data you and your Users enter into the Services, the data your connected instruments report, and the records, reports, and Output that the Services generate from that data. Cumulus does not claim ownership of any Customer Content. By submitting Customer Content, you grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, and back up Customer Content as needed to provide the Services to you, to protect the security and integrity of the Services, to comply with law, and as described in Section 8.6. This license ends when you delete the Customer Content or your account is closed, except for copies kept in routine backups for a limited period or as the law requires.

6.2 Aggregated Data. We may use aggregated, de-identified data derived from use of the Services that does not identify you, your Users, your projects, or your customers to operate, maintain, benchmark, and improve the Services.

6.3 Your Rights in Customer Content. You are responsible for ensuring that Customer Content, including any procedure, standard, manual, drawing, specification, or image you submit, does not violate the copyright, trade secret, privacy, or other rights of any person or entity. You are solely liable for any damages that result from infringement or other harm caused by Customer Content you submit.

6.4 Personal Information. Customer Content may include names, credentials, and other information about your Users and about individuals who appear in site photographs. You are responsible for having a lawful basis to collect that information and submit it to the Services. Our Privacy Policy describes how we process personal information. We do not perform facial recognition or biometric identification in the Services.

6.5 Monitoring and Logging. We have the right, but not the obligation, to monitor Customer Content to determine compliance with these Terms. We log account activity, including Inputs, Outputs, and AI Agent actions, for security, abuse prevention, troubleshooting, and quality assurance, and we keep those logs only as long as those purposes require, as described in our Privacy Policy. We may remove material that we find, in our sole discretion, violates these Terms or is otherwise objectionable.

6.6 Retention and Export. During your subscription you may export your Customer Content at any time using the reporting and export functions of the Services. If you need Customer Content that those functions do not provide, we will export it for you on request, in a commonly used electronic format, within a reasonable time. After your subscription ends, we will make your Customer Content available for export for the period stated in your Order Agreement or, if none is stated, for 30 days, after which we may delete it. Extended retention is available under an Order Agreement.

7. Cumulus Content and Intellectual Property

Subject to these Terms, Cumulus grants you a personal, non-transferable, non-exclusive right to access and use the Services and the Content that Cumulus makes available through them, for your internal business purposes during your subscription. You may view, copy, download, and print Cumulus Content for that purpose only, provided that you do not modify it and do not remove copyright, trademark, or other proprietary notices. You may not reproduce or transmit any other part of the Services or Cumulus Content, in any form, by any means, for any other purpose without our prior written permission.

Unless otherwise noted, the Services, and all Content that Cumulus makes available through them, including software, templates, models, and methods, are the property of Cumulus and its affiliates or licensors. United States copyright law, trademark law, international conventions, and other intellectual property laws protect them from unauthorized copying and dissemination. Product names are trademarks or registered trademarks of their respective owners. Nothing on the Services grants, by implication, estoppel, or otherwise, any license or right to use the Services or any Content except as these Terms or an Order Agreement expressly permit.

Cumulus Content may contain typographical errors or other inadvertent errors or inaccuracies. We may change document names and content, product and service descriptions or specifications, and other information without notice.

8. AI Features

8.1 Definitions. “AI Features” means features of the Services that use machine learning models or large language models. “Input” means Customer Content that you submit to an AI Feature, including procedures, specifications, drawings, photographs, prompts, and instructions. “Output” means material that an AI Feature generates in response to Input, including draft workflows, inspection findings, summaries, answers, and actions that the AI Agent proposes or takes. “Third-Party AI Provider” means a provider of AI models or AI services that Cumulus uses to deliver AI Features.

8.2 Current AI Features. AI Features currently include: (a) Workflow Generation, which drafts workflows from procedures and other documents you submit; (b) AI-Assisted Visual Inspection, which analyzes photographs and flags conditions for human review; (c) the AI Agent, which answers questions about your data in the Services and can take actions in the Services at your direction; and (d) AI-assisted data import. Use of AI Features is optional, and the Services function without them. We may add, change, or retire AI Features at any time.

8.3 Human Review Is Required. AI Features produce probabilistic Output. Output may be inaccurate, incomplete, or inconsistent between sessions, and Output generated for you may resemble Output generated for other users. A qualified person must review Output before you rely on it. Your responsibilities under Section 5 apply in full to work that involves AI Features: a generated workflow is a draft subject to Section 5.2; a visual inspection finding is a screening aid for a qualified inspector and is not an inspection, test, examination, or acceptance under any code, standard, specification, contract, or law; and a record produced with AI assistance is subject to Section 5.3.

8.4 AI Agent. The AI Agent acts only within the scope of privileges granted to the User who directs it, as configured under Section 4.3. Actions the AI Agent takes at a User’s direction are that User’s actions under these Terms. You must review each change the AI Agent proposes before you confirm it, and you are responsible for every confirmed change, including changes that cannot be undone. We may limit or disable AI Agent capabilities at any time.

8.5 Ownership of Output. As between you and Cumulus, you own the Output that the AI Features generate for you, subject to the rights of third parties and to Cumulus’s rights in the Services and in the models and methods that produce Output. Because Output is derived from your Input and from general-purpose models, we do not warrant that Output is original or that it does not infringe the rights of others.

8.6 Data Use and Third-Party AI Providers. We use Input to generate Output for you. We do not use Customer Content to train or fine-tune machine learning models unless you have agreed to that use in writing. To generate Output, we may send Input to Third-Party AI Providers. We contract with each Third-Party AI Provider on terms that prohibit it from using Input or Output to train its models and that limit its retention of Input and Output to what is needed to provide the Service. We will identify our Third-Party AI Providers on request and as required by your Order Agreement.

8.7 Identification and Beta Features. We identify Output as AI-generated within the Services, and you must keep that identification when you share Output through the Services. We may label an AI Feature as beta, preview, early access, or similar. A feature so labeled is provided as-is, may change or end without notice, is excluded from the Cumulus Service Level Agreement unless your Order Agreement states otherwise, and may not be suitable for production use.

9. Prohibited Conduct

You agree that you will not, and will not authorize or facilitate any attempt by another person to, use the Services to:

Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable, as determined by Cumulus.
Use the Services for harmful or illegal purposes.
Post Content that infringes another person’s copyright, trademark, trade secret, or other rights, or submit Content that you are not licensed to reproduce or process, including copyrighted standards, manuals, drawings, or specifications.
Falsify, backdate, or alter test records, measurements, signatures, or approvals in the Services, or record work that was not performed.
Post hateful, discriminatory, or racially or ethnically objectionable Content.
Post unsolicited advertising or unlawfully promote products or services.
Harass, threaten, or intentionally embarrass or cause distress to another person or entity.
Impersonate another person or entity.
Exploit children under 18 years of age, or solicit personal information from children under 13 years of age.
Introduce viruses, worms, Trojan horses, or other harmful code into the Services.
Obtain unauthorized access to any computer system or to any account, project, or data in the Services beyond your authorized permissions.
Copy, scrape, reverse engineer, or decompile the Services, or build a competing product using the Services or Cumulus Content.
Engage in disruptive activity, including sending excessive requests in an effort to degrade the Services.
Invade the privacy of any person, including by posting personally identifying or other private information about a person without consent.
Violate any federal, state, local, or international law or regulation, or encourage conduct that would constitute a criminal or civil offense.

In addition, with respect to AI Features, you will not:

Submit photographs or other Input for the purpose of identifying a person or extracting biometric information.
Attempt to extract, reverse engineer, or discover the models, model weights, system instructions, or training data behind any AI Feature.
Attempt to bypass or defeat the safety controls, usage limits, or content filters of any AI Feature, including through prompt injection or similar techniques.
Use Output to develop, train, or improve a machine learning model or service that competes with the Services.
Use the AI Agent to access, change, or export data beyond your authorized permissions.
Use an AI Feature in a way that violates the acceptable use policies of a Third-Party AI Provider that we have made available to you.

10. Children

The Services serve a professional audience and do not provide features or services directed at children under age 13. We do not knowingly solicit personal information from children under age 13.

11. Copyright Infringement; Notice and Takedown Procedures

If you believe that any material on the Services infringes your copyright, you may request that we remove it. Send your request to support@cumulusquality.com or to Cumulus Digital Systems, Inc., Attn: Copyright Agent, 77 Rowe St., Auburndale, MA 02466. Your request must bear the signature (or electronic equivalent) of the copyright holder or an authorized representative and must include:

identification of the copyrighted work you believe is infringed, including a description of the work and, where possible, a copy or the location of an authorized version;
identification of the material you believe is infringing and its location, with enough detail for us to find it;
your name, address, telephone number, and email address;
a statement that you have a good faith belief that the complained-of use is not authorized by the copyright owner, its agent, or the law;
a statement that the information in your claim is accurate; and
a statement, made under penalty of perjury, that you are the lawful copyright owner or are authorized to act on the owner’s behalf.

To protect the rights of copyright owners, we maintain a policy of terminating, in appropriate circumstances, users who are repeat infringers.

12. Third-Party Websites, Products, and Services

The Services may contain links to non-Cumulus websites and may integrate with third-party instruments, software, and services. Those websites, products, and services are independent from Cumulus, and we have no control over their content or operation. No reference to a third party or to a third-party product or service is an approval or endorsement by Cumulus. We are not responsible for any loss or damage you incur in connection with your use of third-party websites, products, or services, or your dealings with their operators. You are responsible for exercising appropriate judgment and caution in those dealings.

13. Indemnification

You agree to indemnify, defend, and hold harmless Cumulus and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, that arise from a third-party claim connected to (a) your use of the Services or the work you record in them, (b) Customer Content you submit, including any claim that it infringes or misappropriates the rights of a third party, (c) your violation of these Terms or of applicable law, or (d) your reliance on Output or actions the AI Agent takes at your direction.

14. Disclaimer of Warranty

Under no circumstances will we be liable for any loss or damage caused by your reliance on information in any Content or Output on the Services. It is your responsibility to evaluate the accuracy, completeness, and usefulness of any information, record, opinion, advice, Output, or other Content available through the Services and to seek the advice of qualified professionals as appropriate. If you use a Service to create or manage work procedures, to record or verify work, or to assist in inspection or testing, you are responsible for ensuring that the procedures, workflows, records, findings, and other Content are appropriate for your use case and comply with the requirements that apply to your work.

ALL TEXT, IMAGES, RECORDS, OUTPUT, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, CUMULUS DOES NOT WARRANT THAT: (i) THE INFORMATION, RECORDS, OR OUTPUT AVAILABLE ON THE SERVICES ARE FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES, INCLUDING INSTRUMENT INTEGRATIONS, AI FEATURES, AND MECHANISMS FOR UPLOADING AND DOWNLOADING CONTENT, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED; (iv) THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (v) THE SERVICES OR ANY OUTPUT WILL MEET YOUR REQUIREMENTS OR ANY CODE, STANDARD, SPECIFICATION, OR CONTRACTUAL REQUIREMENT THAT APPLIES TO YOUR WORK. ANY WARRANTY IN AN ORDER AGREEMENT APPLIES ONLY AS STATED THERE.

15. Limitation of Liability

IN NO EVENT SHALL CUMULUS BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, PROJECT DELAY, REWORK, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE OF, INABILITY TO USE, UNAUTHORIZED ACCESS TO, OR MISUSE OF THE SERVICES OR ANY INFORMATION, RECORD, OR OUTPUT CONTAINED THEREIN, INCLUDING ANY RELIANCE ON OUTPUT OR ANY ACTION THE AI AGENT TAKES AT A USER’S DIRECTION, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF CUMULUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IF YOUR ORDER AGREEMENT PROVIDES A DIFFERENT LIMITATION OF LIABILITY, THAT LIMITATION CONTROLS AS BETWEEN YOU AND CUMULUS.

16. Jurisdictional Issues

We make no representation that information on the Services is appropriate or available for use outside the United States. Those who access the Services from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

17. Termination

We may suspend or terminate any User’s access to the Services for any reason and at any time, with or without prior notice, subject to any Order Agreement. It is our policy to terminate Users who violate these Terms, as we deem appropriate in our sole discretion. You agree that we are not liable to you or any third party for any suspension or termination of access to the Services. Section 6.6 governs the export and deletion of Customer Content after termination. Sections 6, 7, 13, 14, 15, and 18 survive termination.

18. Governing Law and Dispute Resolution

The laws of the Commonwealth of Massachusetts, U.S.A., govern these Terms, without regard to principles of conflicts of law.

All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Boston, Massachusetts, U.S.A., under the Commercial Arbitration Rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the Commonwealth of Massachusetts. The parties shall bear equally the cost of the arbitration, except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in an amount the arbitrator determines. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive relief, security, or other equitable remedies from any court of competent jurisdiction. The arbitrator shall have no authority to award punitive or multiple damages, including under any federal or state statute permitting such awards, and any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.

19. Severability

If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

20. Entire Agreement; Changes to These Terms

These Terms, together with our Privacy Policy, the Cumulus Service Level Agreement, and any Order Agreement, constitute the entire agreement between you and Cumulus relating to their subject matter.

We may revise these Terms by posting the revised version on the Services with a new effective date. For a material change, including any change to how we use Customer Content under Sections 6 or 8.6, we will give at least 30 days’ notice before the change takes effect, by posting a notice on the Services or by email to your account administrators. Your continued use of the Services after the effective date of a revision constitutes acceptance of the revised Terms.

21. Contact

If you have questions about these Terms, contact us at support@cumulusquality.com or at Cumulus Digital Systems, Inc., 77 Rowe St., Auburndale, MA 02466.

The Cumulus Service Level Agreement is available at cumulusquality.com/wp-content/uploads/2026/06/Cumulus-Service-Level-Agreement.pdf.