Terms of Service

Version 2.3

Effective Date: September 11, 2026

1. Acceptance of Terms

1.1

By accessing or using the Road Drafter platform ("Service"), you ("User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

1.2

These Terms constitute a legally binding agreement between you and Wallabie, LLC, a Utah limited liability company doing business as Road Drafter ("Company," "we," "us," or "our"), with its principal place of business at 2195 South 1000 East, Salt Lake City, Utah 84106.

1.3 Government agencies

These Terms apply to private-sector users, including contractors, consultants, and engineering firms. Use of the Service by a federal, state, local, or tribal government agency is governed by the Road Drafter Government Agency Terms, not by these Terms. If you are using the Service on behalf of a government agency and no Government Agency Terms are in place, stop and contact us.

2. Description of Service

Road Drafter is a software-as-a-service platform providing tools to draft, review, and manage temporary traffic control plans ("Plans"), structured for review against the Manual on Uniform Traffic Control Devices ("MUTCD") and applicable state supplements.

The Service is intended for use by:

3. Eligibility and Account Registration

3.1 Eligibility

To use the Service, you must:

(a) Be at least 18 years of age; (b) Have the legal authority to enter into these Terms on behalf of yourself or your organization; (c) Not be prohibited by applicable law from receiving the Service.

3.2 Account Registration

You must create an account to access the Service. You agree to:

(a) Provide accurate, current, and complete information during registration; (b) Maintain the security of your account credentials; (c) Promptly notify us of any unauthorized use of your account; (d) Accept responsibility for all activities that occur under your account.

3.3 Organization Accounts

When you register on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. Your organization is responsible for all use of the Service by its members.

4. Professional Engineer Responsibility — User Acknowledgments

YOU HAVE READ AND EXPRESSLY AGREE TO THIS SECTION 4. IT IS A MATERIAL CONDITION OF YOUR RIGHT TO USE THE SERVICE.

4.1 Road Drafter does not practice engineering

The Service is a software drafting tool. Neither the Company nor the Service practices engineering or offers engineering services. Neither is a Professional Engineer. Neither is in responsible charge of any work. Neither seals, certifies, approves, or takes professional responsibility for any Plan, calculation, or document.

4.2 The Service does not replace a Professional Engineer

Nothing in the Service replaces, automates, delegates, or reduces the role, judgment, or professional responsibility of a licensed Professional Engineer. That includes any draft, computed value, sign schedule, check, flag, or other output ("Output"). The Service provides no assurance that any Output meets any law, regulation, standard, specification, or agency policy.

4.3 A Professional Engineer must be in responsible charge and must sign off

You will not use, submit, seal, issue, or implement any Plan or Output in the field, in a permit application, or in any contract document unless a Professional Engineer licensed in the jurisdiction where the work occurs ("PE of Record") has done all of the following:

(a) exercised responsible charge over the work, as that term is defined by the licensing law of that jurisdiction; (b) independently reviewed the Plan and every Output it relies on, including every value the Service flags as unverified; (c) had and exercised full authority to change, reject, or approve the Plan; and (d) sealed or signed the Plan as required by that jurisdiction.

4.4 The PE of Record carries the professional responsibility

The PE of Record and your organization, not the Company, are solely responsible for all engineering decisions and for whether each Plan is adequate, safe, and lawful. Use of the Service does not transfer, share, or shift any part of that responsibility or its liability to the Company. The Company assumes none of it.

4.5 PE representations

By using the Service to review, attest to, or approve a Plan, you represent and warrant that:

(a) you hold a current, valid PE license in the jurisdiction where the work is being performed; (b) you have exercised independent professional judgment in reviewing the Plan; (c) you have not relied on the Service's automated computations without independent verification; and (d) you are in responsible charge of the work.

4.6 You are responsible for your jurisdiction's law

You confirm that you have determined that your intended use of the Service is consistent with the engineering licensure laws, rules, and board requirements of each jurisdiction where you use it. That includes the requirements that engineering be performed under the responsible charge of a licensee and that a licensee seal only work prepared under the licensee's responsible charge. You will not use the Service in any way those laws prohibit, and you will stop any use you later learn conflicts with them. You, not the Company, are responsible for that determination and for your compliance.

4.7 Unverified values

The Service may flag calculated values as "unverified" where the underlying regulatory basis cannot be automatically confirmed. The PE of Record must review and attest to each unverified value before a Plan is approved.

4.8 No reliance

You acknowledge that you are not relying on any statement by the Company, in marketing materials, in the Service, in documentation, or otherwise, that the Service or any Output meets any legal or engineering requirement. No such statement modifies this Section 4.

4.9 Your personnel

You will require your employees and contractors who use the Service to comply with this Section 4. You will limit the ability to approve or attest to Plans in the Service to users who are licensed Professional Engineers.

4.10 Effect on liability

The Company has no liability for any claim, loss, or damage arising from (a) use of any Output or Plan without full compliance with Section 4.3, or (b) engineering decisions made by the PE of Record or by you.

5. Acceptable Use

5.1 Permitted Uses

You may use the Service only for lawful purposes in connection with legitimate traffic control planning activities.

5.2 Prohibited Conduct

You may not:

(a) Use the Service to create Plans for work that is not authorized by law or applicable permits; (b) Submit false or misleading information in connection with any Plan; (c) Impersonate any person or entity, including falsely claiming PE licensure; (d) Interfere with or disrupt the Service or its servers; (e) Attempt to gain unauthorized access to any portion of the Service; (f) Use the Service in any manner that violates applicable law; (g) Reverse engineer, decompile, or disassemble any portion of the Service; (h) Reproduce, distribute, or create derivative works of the Service without our written consent; (i) Represent, in marketing or to any customer or agency, that a Plan is compliant, certified, or approved on the basis of the Service alone.

6. Intellectual Property

6.1 Service Ownership

The Service, including all software, algorithms, text, graphics, and other content created by us, is owned by the Company and protected by copyright, trademark, and other intellectual property laws.

6.2 User Content

You retain ownership of Plans and other content you create using the Service ("User Content").

(a) License to operate the Service. By submitting User Content to the Service, you grant us a non-exclusive, worldwide, royalty-free license to host, store, process, and display your User Content to provide the Service to you.

(b) License to improve the Service. You also grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use User Content to operate, develop, test, evaluate, and improve the Service and our related products and services, including training and tuning the models and algorithms used in them.

(c) Limits on the improvement license. When we use User Content under §6.2(b) we will not: (i) publish, sell, or license your User Content to any third party as your content; (ii) identify you, your organization, your personnel, or any specific project as the source of User Content in any output made available to another customer; or (iii) use User Content to re-create or make available to another customer a substantially complete copy of one of your Plans.

(d) Aggregated and de-identified data. We may create and use aggregated or de-identified data derived from User Content without restriction. Aggregated or de-identified data does not identify you, your organization, or a specific project, and we will not attempt to re-identify it.

(e) Survival. The license in §6.2(b) survives termination as to User Content submitted before termination. The license in §6.2(a) ends when your User Content is deleted under §9.4.

6.3 Feedback

Any feedback, suggestions, or ideas you provide regarding the Service ("Feedback") may be used by us without restriction or compensation to you.

7. Privacy and Data

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

8. Fees and Payment

8.1 Subscription Fees

Access to the Service may require payment of subscription fees as specified in the applicable order form or pricing page. All fees are non-refundable except as expressly stated herein or required by law.

8.2 Changes to Fees

We may change our fees upon 30 days' written notice. A fee change takes effect at the start of your next subscription term, not during a term for which you have already paid.

9. Term and Termination

9.1 Term

These Terms are effective when you first access the Service and continue until terminated.

9.2 Termination by You

You may terminate your account at any time by following the account closure procedures in the Service.

9.3 Termination by Us

We may suspend or terminate your access to the Service (a) for material breach of these Terms, if the breach is not cured within 15 days of notice; (b) immediately, for conduct prohibited under Section 5.2 or to address an active security threat; or (c) for convenience at the end of your then-current subscription term, on 30 days' notice.

9.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You may export your User Content for ninety (90) days following termination, after which we may delete it. Provisions that by their nature should survive termination will survive, including Sections 4, 6 (including the §6.2(b) improvement license), 10, 11, 12, and 13.

10. Disclaimers

10.1 As-Is Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 No Warranty of Regulatory Compliance

WE DO NOT WARRANT THAT PLANS DRAFTED USING THE SERVICE WILL COMPLY WITH ANY LAW, REGULATION, OR STANDARD. THE SERVICE IS A TOOL TO ASSIST QUALIFIED PROFESSIONALS. IT DOES NOT REPLACE PROFESSIONAL ENGINEERING JUDGMENT OR THE RESPONSIBLE CHARGE OF A LICENSED PROFESSIONAL ENGINEER.

10.3 MUTCD Data

MUTCD edition data and computed values provided by the Service are for informational purposes only. We make no warranty as to the accuracy, completeness, or currency of such data.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) $100.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) Your use of the Service; (b) Your User Content; (c) Your violation of these Terms, including Section 4; (d) Your violation of applicable law, including engineering licensure law; (e) Any Plan you create, review, seal, or approve using the Service.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Utah, without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising out of or related to these Terms or the Service will be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and each party consents to the jurisdiction and venue of those courts.

13.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION.

14. Miscellaneous

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and the Company regarding the Service.

14.2 Amendment

We may modify these Terms at any time. We will provide notice of material changes by posting a notice within the Service and sending an email to your registered address at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the modified Terms constitutes acceptance. This Section 14.2 does not apply to government agencies, whose terms may be changed only by written amendment.

14.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

14.4 No Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of our right to enforce it in the future.

14.5 Assignment

You may not assign these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

14.6 Contact

For questions about these Terms, contact us at:

Wallabie, LLC (DBA Road Drafter) 2195 South 1000 East Salt Lake City, UT 84106 support@wallabie.io