Terms of Service & End-User License Agreement
These Terms are a binding agreement between you and Longview Overstory LLC, an Oregon limited liability company ("Company" or "Longview"), covering your use of the Longview software — the desktop application and the mobile field application (together, the "Apps") — and the related licensing/subscription service (the "Service").
1Who may use Longview
The Apps are professional tools for business use by qualified forestry professionals. You represent that you are at least 18, using Longview for business purposes, and — if accepting on behalf of an organization — that you are authorized to bind it.
2What Longview is (and is not)
Longview helps a qualified professional collect, compile, model, and report timber cruise data and related estimates and financial projections. It is a tool that assists your professional work — it is not a substitute for your professional judgment, and it does not itself provide forestry, appraisal, financial, investment, legal, or tax services or advice. See Section 9.
3License grant
Subject to these Terms and an active subscription where required (Section 5), we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Apps on the number of devices your plan permits, for your own business use.
You may not: resell, sublicense, rent, or redistribute the Apps or your license; share seats beyond your plan; remove or alter notices; use the Apps to build a competing product; or attempt to defeat the licensing or seat controls.
4The mobile field App is free
The mobile field App is currently offered free of charge for field data collection and export. The desktop App's productive features require an active subscription (Section 5). We may introduce additional paid mobile features or plans in the future (Section 17).
5Subscriptions, billing & founding terms
- Paid plans are sold as subscriptions. Payments are processed by Paddle, our Merchant of Record — Paddle, not the Company, is the seller of record for billing, tax, and payment purposes. We do not receive or store your full payment-card details. Paddle processes your payment information under its own privacy policy and terms of service, which you should review.
- Plans, seat counts, add-ons, and prices are as presented at purchase. Subscriptions auto-renew until cancelled.
- Founding-member pricing (a discount off list) applies only while your subscription remains continuously active, and does not survive a lapse or cancellation. It is not an unbounded "forever" price.
- Seat limits are enforced. You may move a seat between devices using the in-app device tools.
- Taxes are handled by Paddle where applicable.
6Your data, your device
- Your Project Data — every tree measurement, volume, value, client and tract identifier, plot GPS location, and reference table — stays on your device. We do not upload it, receive it, or store it on our servers. It leaves your device only when you deliberately export or share it. We have no access to, and assume no responsibility for, the security or handling of Project Data once it leaves your device.
- To keep your subscription active, the Apps periodically contact our licensing server, which sends only your account email and a device identifier — never your Project Data. This account (the "Account") and all license data ("License Data") may constitute personal information under applicable privacy laws.
- Optional, opt-in anonymous usage and diagnostic data may be collected only if you affirmatively enable it in your settings; it is off by default and never includes Project Data. Full detail is in the Privacy Policy, incorporated by reference.
- Data portability: you can export your projects in the App's supported formats at any time, including after a subscription lapses — the Apps retain the ability to open and export your existing projects even when paid features are inactive. Your data is never held hostage.
- Data retention and deletion. We retain Account and License Data (including account email, device identifiers, and subscription status) only for as long as your Account is active and for a reasonable period thereafter to comply with legal obligations, resolve disputes, and enforce these Terms. Upon Account closure or upon your written request, we will delete or anonymize your Account and License Data within a reasonable time, except to the extent retention is required by law.
- Sub-processors. We use a limited number of third-party service providers to operate the Service: Paddle (payment processing and merchant of record), hosting providers (e.g., Cloudflare) for licensing-server infrastructure, and other vendors. These providers may process Account and License Data. A current list of sub-processors is maintained in our Privacy Policy.
- International data transfers. Our licensing server and service providers may process Account and License Data in the United States or other countries. By using the Service, you acknowledge that your Account and License Data may be transferred to, and processed in, jurisdictions that may not provide the same level of data protection as your home jurisdiction. We take reasonable steps to ensure that such transfers comply with applicable data-protection laws.
6APrivacy rights
Depending on your jurisdiction, you may have the following rights with respect to the Account and License Data we collect:
- Right to know and access. You may request information about what Account and License Data we hold about you and receive a copy of it.
- Right to delete. You may request deletion of your Account and License Data, subject to certain legal exceptions (e.g., where retention is required to complete a transaction, comply with a legal obligation or retention policy, or exercise or defend legal claims).
- Right to correct. You may request correction of inaccurate Account and License Data we hold about you.
- No sale of personal information. We do not sell or share (as those terms are defined under the California Consumer Privacy Act) your personal information, and we have not done so in the preceding twelve (12) months.
- Non-discrimination. We will not discriminate against you for exercising any of your privacy rights.
To exercise any of these rights, contact us at Admin@longviewcruise.com. We will verify your identity before processing your request and respond within the timeframes required by applicable law.
7Your responsibilities (inputs, configuration, verification)
You are responsible for: the accuracy of the data you enter (measurements, plot design, cruise method); the reference tables, rules, prices, and settings you select; and applying Longview only within its intended domain, using reference tables, equations, and settings appropriate to your species and region. Outputs reflect your inputs and configuration — garbage in, garbage out. You must independently review and verify all outputs before relying on or distributing them.
8Estimates, projections & no guarantee of accuracy
- Longview produces estimates. Measurements and volumes are computed with modeled equations and carry inherent uncertainty and tolerances.
- Forward-looking growth and financial projections are inherently uncertain — they model possible future outcomes based on assumptions, and actual results will differ. They are not promises, guarantees, or advice about future value.
- We make no guarantee that Longview's outputs match those of any other software (including any legacy program), nor that they are correct for any particular stand, species, region, or purpose.
- No reliance for critical decisions. Longview's outputs, including all estimates, volumes, projections, and valuations, are intended solely as aids to the professional judgment of a qualified forestry professional. You must not rely on any output as the sole or primary basis for any critical decision, including but not limited to: the purchase, sale, or financing of timberland or timber rights; the valuation of real property, standing timber, or timber contracts; submissions to any court, governmental agency, regulatory body, or carbon/environmental-credit program; or any decision where inaccurate data could result in significant financial loss, legal liability, or physical harm. Before any output is used in or in connection with a critical decision, it must be independently verified, reviewed, and, where applicable, certified by a qualified and, where required, licensed professional. The Company expressly disclaims any liability arising from reliance on any output for a critical decision that has not been independently verified.
9Not professional services; independent verification required
Longview does not perform the practice of forestry, provide a timber or real-property appraisal, or give financial, investment, legal, or tax advice. A qualified, and where required licensed, professional must independently perform, review, and certify any cruise, valuation, projection, or report before it is relied upon.
10No reliance by third parties
Reports and outputs you generate using Longview are for your professional use only. They are not intended for reliance by third parties — including but not limited to landowners, timber buyers, lenders, insurers, financial institutions, courts, governmental agencies, and carbon or regulatory programs — unless independently verified and certified by you. The Company has no liability to any third party who relies on any output, whether or not such output has been independently verified. No third party shall be deemed a beneficiary of these Terms or have any right to enforce any provision hereof.
11Data loss & backups
Software can fail and data can be lost or corrupted. Although the Apps include backup features, you are responsible for maintaining your own backups of your Project Data. To the fullest extent permitted by law, the Company is not liable for any loss, corruption, or inability to recover your data.
12Disclaimer of warranties
The Apps and Service are provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, title, and non-infringement. We do not warrant that the Apps will be error-free, uninterrupted, or that outputs will be accurate or fit for any purpose.
13Limitation of liability
To the fullest extent permitted by law:
- The Company is not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost or misvalued timber, lost business, or lost data, arising from or related to the Apps, the Service, or any output — even if advised of the possibility.
- The Company's total aggregate liability for all claims is limited to the greater of (a) the total amounts you paid to Paddle for Longview in the twelve (12) months before the claim, or (b) US$100.
14Indemnification
You will indemnify and hold harmless the Company from claims, damages, and costs (including reasonable legal fees) arising from your use of the Apps, your inputs/outputs, your breach of these Terms, any third party's reliance on your reports, or your violation of any applicable data-protection or privacy law in connection with Project Data you export or share.
15Intellectual property & third-party components
- The Apps, their design, and Longview's original code and content are the Company's property.
- Your Project Data remains yours.
- The Apps interoperate with industry-standard forestry data formats; the Company is not affiliated with, endorsed by, or responsible for any third-party software.
- The Apps include third-party components — including a public-domain growth-model engine, open-source libraries, and licensed fonts — used under their respective licenses; see the in-app third-party notices. The Company disclaims responsibility for third-party components' accuracy.
16Security
We take reasonable administrative, technical, and organizational measures to protect the Account and License Data we process. However, no software or transmission is perfectly secure, and we cannot guarantee against every attack. You are responsible for securing your own devices and access to your Project Data. In the event we become aware of a security breach affecting your Account and License Data, we will notify affected users without unreasonable delay and in accordance with applicable law.
17Availability, changes & discontinuation
- The Service is provided as-is with no uptime guarantee. Because the Apps operate offline and retain your data locally, a Service interruption does not lock you out of opening or exporting your existing projects.
- We may modify, add, or remove features over time.
- If we ever discontinue Longview, your locally-installed Apps and your local Project Data remain yours, and your ability to open and export existing projects is designed to continue. We have no obligation to provide the Service indefinitely.
18Termination
You may cancel anytime (via Paddle). On lapse or termination, paid features become inactive, but you retain the ability to open and export existing projects (Section 6). We may suspend or terminate access for breach of these Terms.
19Governing law & disputes
These Terms are governed by the laws of Oregon, without regard to conflict-of-laws rules. Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Apps or Service (a "Dispute") shall be resolved exclusively through the procedures set forth in this Section 19.
- Informal resolution. Before initiating any formal proceeding, you and the Company agree to attempt to resolve any Dispute informally. The party raising the Dispute must send a written notice to the other party describing the nature of the Dispute and the relief sought (a "Dispute Notice"). If the Dispute is not resolved within thirty (30) days after receipt of the Dispute Notice, either party may proceed to mediation.
- Mandatory mediation. If a Dispute is not resolved informally, the parties agree to submit it to confidential mediation administered by Arbitration Services of Portland, Inc. in Portland, Oregon, before commencing arbitration, conducted under that provider's then-current mediation rules. The parties shall share mediation fees equally unless otherwise agreed. If the Dispute is not resolved within sixty (60) days after the mediator is appointed (or such longer period as the parties agree), either party may proceed to binding arbitration.
- Binding arbitration. Any Dispute not resolved through informal resolution and mediation shall be finally resolved by binding arbitration administered by Arbitration Services of Portland, Inc. in Portland, Oregon, under its then-current arbitration rules, before a single arbitrator mutually selected by the parties; if the parties cannot agree within fourteen (14) days after the demand is filed, the provider shall appoint one. The arbitrator shall apply the substantive law of Oregon. The award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Class-action and jury waiver. You and the Company each waive the right to a jury trial and the right to participate in a class action, class arbitration, or other representative proceeding. All Disputes must be brought in the parties' individual capacity. The arbitrator may not consolidate more than one person's claims or preside over any representative or class proceeding.
- Confidentiality of proceedings. All mediation and arbitration proceedings, including any filings, evidence, testimony, and awards, shall be treated as confidential by both parties, except as required by law or to enforce an award.
20General
- Entire agreement. These Terms are intended as the final expression of the parties' agreement concerning their subject matter, contain the entire understanding between the parties in connection with it, and supersede and replace all prior negotiations, agreements, or representations, whether oral or written.
- Severability. If a court concludes that any provision of these Terms is invalid or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force.
- No assignment or third-party beneficiaries. You may not assign or transfer any claim or matter under these Terms. These Terms are binding upon and inure to the benefit of the parties' successors and permitted assigns. Nothing prevents the Company from assigning or transferring its interests at any time.
Contact
Questions about these Terms: Admin@longviewcruise.com.