1. Service Description
AcreSeal LLC (“Provider,” “we,” “our”) provides a cloud-based software platform (“Platform”) for electric utility pole complaint management, inspection tracking, and regulatory filing preparation. The Platform is designed to assist Texas electric utilities, cooperatives, and municipally owned utilities in organizing data related to distribution pole inspection and management programs.
By accessing or using the Platform, you (“User,” “Utility,” “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Platform.
2. Regulatory Filing Disclaimer
IMPORTANT — PLEASE READ CAREFULLY
AcreSeal provides software tools that assist electric utilities in organizing, tracking, and exporting data related to distribution pole inspection and management programs. AcreSeal's features are designed to map to the requirements described in Texas House Bill 144 (Sec. 38.103, Texas Utilities Code) and Senate Bill 1789 (Sec. 38.006, Texas Utilities Code).
AcreSeal does not guarantee regulatory approval. No export, report, template, or document generated by the AcreSeal platform is guaranteed to be accepted, approved, or deemed compliant by the Public Utility Commission of Texas (PUCT) or any other regulatory body.
The utility customer is solely responsible for reviewing, approving, and submitting all regulatory filings. AcreSeal recommends that utilities consult qualified legal counsel regarding the adequacy of any filing before submission to PUCT.
As of March 2026, PUCT has not yet prescribed the specific format for monthly progress reports required under Sec. 38.103(e), nor has PUCT published final structural integrity standards under Sec. 38.006. The Platform's export templates are based on Provider's good-faith interpretation of the statutory requirements as enacted.
Provider shall update export templates to reflect published PUCT formatting requirements and rulemaking as they become available, at no additional cost during an active subscription term.
3. Data Ownership & Portability
Your data is yours. All data entered by you, your employees, or landowners within your service territory remains your exclusive property. This includes pole inventory data, complaint records, inspection results, photos, GPS coordinates, and generated reports.
Data export. Upon written request or upon termination of your subscription, Provider will export all of your data in standard, machine-readable formats (CSV, JSON, and/or PDF) within thirty (30) calendar days.
No proprietary claims. Provider retains no proprietary rights to your pole inventory, complaint records, inspection data, or any derivative data generated from your inputs.
Aggregated data. Provider may use anonymized, aggregated data (stripped of all identifying information) for the purpose of improving the Platform. Provider will not sell or share individually identifiable data with third parties.
4. Data Retention & Deletion
Provider enforces automated data retention policies to protect landowner privacy while preserving records required for regulatory compliance:
- Personally Identifiable Information (PII): Landowner email addresses, phone numbers, and names associated with complaint submissions are automatically scrubbed (replaced with “[REDACTED]”) after one (1) year from the date of submission. The complaint record itself is preserved.
- Complaint records: Resolved and closed complaints are retained in full for three (3) years from the date of submission, consistent with Texas regulatory record retention requirements. After three years, complaints are archived and excluded from active dashboards, but remain accessible for forensic audit verification.
- Forensic audit logs: Hash-chain audit entries and forensic ledger records are never deleted. These immutable records ensure ongoing verifiability of the evidence chain.
- Photos and attachments: Photos associated with complaints follow the same three-year retention period. After archival, photo URLs may be invalidated, but cryptographic hashes remain in the forensic ledger for verification.
Users may request early deletion of their PII by contacting privacy@acreseal.com. Early PII deletion does not affect the forensic audit trail or the complaint record.
5. Limitation of Liability
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER'S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY YOU TO PROVIDER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF REVENUE, LOSS OF BUSINESS, OR REGULATORY PENALTIES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Platform is provided “as is” and “as available.” Provider makes no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
6. Data Security
Provider implements commercially reasonable security measures to protect your data, including:
- Encryption at rest (AES-256) and in transit (TLS 1.3)
- SHA-256 forensic hash chains for tamper-evident audit trails
- Cloudflare DDoS protection and web application firewall
- Role-based access controls
- Daily database backups with point-in-time recovery
For a detailed description of our security architecture, see our Security page.
No system is 100% secure. Provider does not warrant that the Platform will be free from unauthorized access, data breaches, or security vulnerabilities.
7. Service Availability
Provider targets 99.9% uptime for the Platform but does not guarantee uninterrupted service. Scheduled maintenance windows will be communicated with at least 24 hours advance notice when possible.
Provider is not liable for service interruptions caused by factors beyond its reasonable control, including but not limited to internet outages, natural disasters, or third-party service provider failures.
8. Acceptable Use
You agree not to:
- Submit false, fraudulent, or misleading complaint reports
- Attempt to access data belonging to other utility customers
- Reverse engineer, decompile, or disassemble the Platform
- Use the Platform to harass, abuse, or threaten any individual
- Resell or sublicense access to the Platform without written consent
9. Modifications to Terms
Provider may update these Terms from time to time. Material changes will be communicated to active subscribers via email at least thirty (30) days before they take effect. Continued use of the Platform after the effective date of updated Terms constitutes acceptance of the changes.
Non-material changes (typo corrections, formatting) may be made without prior notice.
10. Termination
Either party may terminate a subscription with sixty (60) days written notice prior to the end of the then-current term. Upon termination:
- Data export rights remain in effect for ninety (90) days (see Section 3)
- No refund shall be issued for unused portions of a prepaid subscription term
- Sections 2 (Regulatory Disclaimer), 3 (Data Ownership), 4 (Data Retention), 5 (Limitation of Liability), and 11 (Governing Law) survive termination
Provider may immediately suspend or terminate access if User violates Section 8 (Acceptable Use) or if required by law.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in Bexar County, Texas.
12. Contact
For questions about these Terms, contact:
AcreSeal LLC — San Antonio, Texas — Patent Pending