Terms and Conditions

1. Service Description

Vac OPS is a software platform that provides scheduling, dispatch, and communication tools for businesses that perform field services such as hydrovac excavation, utility work, and related operations. The platform facilitates:

• Job request submission, scheduling, and management
• Communication between customers and field operators
• Transactional SMS notifications for job status updates
• Operator scheduling, dispatch coordination, and resource tracking
• Map-based visualization, routing, and travel-time calculations

Vac OPS is a software tool only. It does not itself provide hydrovac excavation, field services, construction, or any other physical services. The underlying field services are provided by the service company operating the platform. Any warranties, guarantees, or service-level commitments related to the physical field work are governed by separate agreements between you and the service provider, not by these Terms.

2. Eligibility and Authority

• Vac OPS is intended for business use by companies and their authorized personnel. It is not intended for personal or consumer use.
• You must be at least 18 years of age to use the platform.
• By accepting these Terms, you represent and warrant that you have the legal authority to bind your company, customer organization, or other entity on whose behalf you are accessing the platform.
• If you are accessing the platform on behalf of your employer or a customer organization, these Terms apply to both you individually and the organization you represent.

3. User Accounts

• You are responsible for maintaining the confidentiality and security of your account credentials.
• You must provide accurate, current, and complete information during registration and keep it updated.
• Customer accounts require an invitation from authorized Creme City Solutions staff.
• You are responsible for all activities that occur under your account.
• You must notify us immediately of any unauthorized use of your account or any other breach of security.
• We reserve the right to disable any account at any time if, in our sole discretion, we believe you have violated these Terms.

Organization Accounts

Where a customer organization maintains an account on the platform, the organization retains ownership and administrative control of that account. Designated administrators within the organization may add, remove, or manage users under the organization's account. The customer organization is responsible for the actions of all employees, contractors, and other personnel who access the platform using the organization's account or under the organization's authority.

4. Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Vac OPS solely for its intended business purpose of scheduling, dispatching, and managing field service operations. This license does not include the right to:

• Sublicense, resell, or redistribute the platform or any part of it
• Use the platform for the benefit of any third party other than your own organization
• Modify, adapt, or create derivative works based on the platform
• Use the platform in any way not expressly authorized by these Terms

We reserve all rights not expressly granted to you in these Terms. This license terminates automatically if your access to the platform is suspended or terminated for any reason.

5. SMS/Text Message Communications

This section describes the Vac OPS SMS program operated by Creme City Solutions LLC. Your consent to receive SMS messages is collected separately through a dedicated opt-in prompt in the Vac OPS Customer Portal. Acceptance of these general Terms does not constitute consent to receive SMS messages. SMS consent is voluntary, specific, and independent of any other agreement or transaction.

• Opt-In: You opt in to receive SMS messages by accepting the dedicated SMS consent prompt displayed in the Vac OPS Customer Portal. Your consent is recorded electronically with a timestamp. The opt-in prompt links directly to our Privacy Policy and these Terms and Conditions.
• Message Types: Job confirmations, truck dispatch notifications, and scheduling updates directly related to your active job requests.
• Message Frequency: Message frequency varies based on your job request activity. You will typically receive 1-5 messages per active job.
• Message and Data Rates: Message and data rates may apply. Contact your wireless carrier for pricing details.
• Opt-Out: You may opt out of receiving SMS messages at any time by replying STOP to any message. You will receive a one-time confirmation of your opt-out and will not receive further messages. You may also opt out through your account settings in the Customer Portal.
• Help: For help with SMS messages, reply HELP to any message, or contact us at dispatch@cremecitysolutions.com or (414) 877-7794.
• Not Required for Service: Opting in to SMS notifications is not a condition of purchasing any goods or services. You may use Vac OPS without consenting to SMS messages.
• Compatible Carriers: Our SMS service is compatible with all major US wireless carriers. Carriers are not liable for delayed or undelivered messages.
• No Sharing: We do not sell, share, or disclose your mobile information or SMS opt-in data to third parties or affiliates for marketing or promotional purposes, except to vendors acting on our behalf solely for the purpose of delivering SMS messages and supporting platform functions (e.g., our SMS service provider, Twilio).

6. Acceptable Use

You agree to use Vac OPS only for its intended purpose of scheduling, dispatching, and managing field service operations. You may access the platform only through the interfaces and protocols we provide. You must comply with all applicable local, state, national, and international laws and regulations in your use of the platform.

7. Prohibited Conduct

You agree not to:

• Use the platform for any unlawful purpose or in violation of any applicable law
• Attempt to gain unauthorized access to the platform, other user accounts, or our systems
• Interfere with or disrupt the platform's operation, servers, or networks
• Reverse engineer, decompile, or disassemble any part of the platform
• Transmit any viruses, malware, or other harmful code
• Scrape, harvest, or collect data from the platform using automated means without our written consent
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity
• Submit false, misleading, or inaccurate information through the platform

8. User Responsibilities

As a user of Vac OPS, you are responsible for:

• Providing accurate and complete job site information, including addresses and scope of work
• Ensuring safe and accessible working conditions at job sites
• Communicating relevant site hazards, access restrictions, or special requirements in a timely manner
• Maintaining current contact information in your account
• Reviewing job confirmations and dispatch notifications for accuracy

9. Customer Data, User Submissions, and Feedback

Customer Data

You retain all ownership rights in the data you submit to the platform, including job details, site addresses, scope-of-work descriptions, uploaded files, and other content you provide ("Customer Data"). By using the platform, you grant us a limited, non-exclusive, royalty-free license to host, store, process, transmit, display, and back up your Customer Data solely as necessary to provide and maintain the platform and the services you request.

User Submissions

If you submit reviews, photos, comments, or other content to community features of the platform (such as the Locations directory), you retain ownership of that content but grant us a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute that content within the platform.

Feedback

If you voluntarily provide suggestions, feature requests, ideas, or other feedback about the platform ("Feedback"), you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate the Feedback into our products and services without any obligation or compensation to you.

10. Intellectual Property

All content, features, and functionality of Vac OPS, including but not limited to text, graphics, logos, icons, software, source code, and design, are the exclusive property of Creme City Solutions LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The limited license granted in Section 4 does not transfer any ownership interest in the platform or its intellectual property to you.

11. Third-Party Services and Integrations

Vac OPS integrates with and relies on third-party services to provide its functionality, including but not limited to:

• Twilio: SMS/text message delivery
• Google: Mapping, address autocomplete, route visualization, calendar synchronization, email delivery, and authentication
• Microsoft: Authentication and identity services
• PC Miler (Trimble Maps): Truck routing, mileage, and travel-time calculations
• Cloud hosting and storage providers: Platform hosting, data storage, and file storage
• Weather data providers: Forecast and condition data for job sites

The availability, performance, accuracy, and terms of use of these third-party services are outside our control. We are not responsible for any disruption, change, or discontinuation of third-party services. Your use of features that depend on third-party services may also be subject to those providers' own terms of service and privacy policies.

12. Service Changes, Maintenance, and Downtime

We reserve the right to modify, update, or discontinue any features or functionality of Vac OPS at any time, with or without notice. We may perform scheduled or unscheduled maintenance that results in temporary service interruptions. We will make reasonable efforts to provide advance notice of planned downtime when practicable.

Vac OPS is provided without any service-level agreement (SLA), uptime guarantee, or support commitment unless separately agreed in writing between you (or your organization) and Creme City Solutions LLC under a separate service agreement.

13. No Emergency or Safety-Critical Use

Vac OPS and its SMS notification features are supplemental business tools designed to assist with scheduling and dispatch coordination. They are not emergency communication systems, guaranteed real-time dispatch systems, or safety-critical systems. You should not rely on the platform or its notifications as the sole means of communication for time-sensitive, safety-critical, or emergency situations. Always maintain independent communication channels for urgent or emergency matters.

14. Billing, Payment, and Subscription Terms

If your use of Vac OPS involves fees, pricing, payment terms, renewal terms, cancellation procedures, and refund policies are governed by the separate service agreement, quote, or order form between your organization and Creme City Solutions LLC. In the absence of a separate agreement, the following terms apply:

• All fees are due as specified in your service agreement or invoice.
• You are responsible for all applicable taxes associated with your use of the platform.
• If a subscription automatically renews, we will provide clear notice of the renewal terms, renewal date, and cancellation method before the renewal takes effect. You may cancel before the renewal date to avoid being charged for the next billing period.
• Refund eligibility, if any, is determined by the terms of your service agreement.

15. Electronic Communications, Signatures, and Records

By using Vac OPS, you agree to conduct transactions with us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic records generated by the platform (including SMS consent records, job logs, and audit trails) are retainable and reproducible, and you agree they constitute valid records under applicable law.

This section is governed by the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and, where applicable, the Wisconsin Uniform Electronic Transactions Act (Wis. Stat. ch. 137). Your use of the platform, including acceptance of these Terms and the SMS opt-in process, constitutes an electronic signature attributable to you.

16. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CREME CITY SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the platform will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. We do not warrant the accuracy, reliability, or completeness of any information provided through the platform, including travel times, route calculations, weather data, or map information sourced from third-party providers.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CREME CITY SOLUTIONS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.

• We are not liable for scheduling conflicts, service delays, or interruptions beyond our reasonable control.
• In no event shall our total aggregate liability exceed the greater of (a) the fees paid by you for the specific service giving rise to the claim during the twelve (12) months prior to the claim, or (b) one hundred dollars ($100).

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any other liability that applicable law does not permit to be excluded or limited.

18. Indemnification

You agree to indemnify, defend, and hold harmless Creme City Solutions LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your infringement of any third-party rights.

19. Termination and Data Export

We reserve the right to suspend or terminate your access to Vac OPS at any time, with or without cause, and with or without notice. You may also discontinue use of the platform at any time. Upon termination:

• Your right to access and use the platform ceases immediately.
• You will have 30 days from the date of termination to request an export of your Customer Data. After this period, we may delete your data, subject to legal and regulatory retention requirements (see our Privacy Policy for retention details).
• You are responsible for maintaining your own backups of any data you wish to preserve. We are not obligated to maintain or provide copies of your data after the export window.
• Provisions that by their nature should survive termination shall remain in effect, including but not limited to Sections 9 (Customer Data), 10 (Intellectual Property), 16 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 20 (Governing Law), and 21 (Dispute Resolution).

20. Governing Law

These Terms and any disputes arising out of or related to them or the platform shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws provisions.

21. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or the use of Vac OPS shall be resolved as follows:

• Informal Resolution: Before initiating any formal proceedings, the parties agree to attempt to resolve disputes informally. You agree to contact us using the information in Section 30 and allow 30 days for resolution before filing any claim.
• Jurisdiction: If informal resolution is unsuccessful, any legal action shall be brought exclusively in the state or federal courts located in Milwaukee County, Wisconsin, and you consent to the personal jurisdiction and venue of such courts.
• Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

22. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, pandemic, epidemic, government orders, labor disputes, power failures, internet or telecommunications failures, cyberattacks, or disruptions to third-party services upon which the platform depends.

23. Modifications to Terms

We reserve the right to modify these Terms at any time by posting the revised version on our platform with an updated "Last Updated" date. For non-material changes, your continued use of Vac OPS after the updated Terms are posted constitutes acceptance of the changes.

For material changes to the following provisions, we will notify you and require your affirmative re-acceptance before the changes take effect:

• Dispute resolution and arbitration terms (Section 21)
• Limitation of liability and liability caps (Section 17)
• Payment, billing, or subscription terms (Section 14)
• SMS/text messaging terms (Section 5)

If you do not agree to the revised Terms, you must stop using the platform. We encourage you to review these Terms periodically.

24. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

25. Order of Precedence

If you and Creme City Solutions LLC have entered into a separate written service agreement, statement of work (SOW), order form, or quote that relates to your use of Vac OPS, and any provision of that document conflicts with these Terms, the separate written agreement shall control to the extent of the conflict. In all other respects, these Terms remain in full force and effect.

26. Entire Agreement

These Terms, together with our Privacy Policy, any applicable service agreement, order form, or SOW (subject to the order of precedence in Section 25), and any additional terms or policies referenced herein, constitute the entire agreement between you and Creme City Solutions LLC regarding your use of Vac OPS. These Terms supersede all prior and contemporaneous agreements, representations, and understandings, whether written or oral, relating to the subject matter hereof, except as expressly preserved by a separate written agreement under Section 25.

27. Waiver

No failure or delay by Creme City Solutions LLC in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise of that or any other right, power, or remedy.

28. Assignment

You may not assign or transfer these Terms or your rights and obligations hereunder, in whole or in part, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Notwithstanding the foregoing, any assignment or transfer of these Terms by us does not transfer your SMS messaging consent to the acquiring or successor entity. If these Terms are assigned in connection with a corporate transaction, the successor entity must obtain your separate, affirmative re-consent before sending you SMS messages under the Vac OPS SMS program.

29. No Agency or Partnership

Nothing in these Terms shall be construed to create a partnership, joint venture, employment relationship, or agency between you and Creme City Solutions LLC. Neither party has the authority to bind the other or to incur any obligation on the other's behalf. Your use of Vac OPS does not make you an employee, agent, partner, or legal representative of Creme City Solutions LLC.

30. Notices

All legal notices, requests, or communications required or permitted under these Terms shall be in writing and directed to:

Notices sent by email are deemed received 24 hours after sending, provided no delivery failure notification is received. Notices sent by certified or registered US mail, postage prepaid, are deemed received 5 business days after the date of mailing. We may send notices to you at the email address associated with your account, which are deemed received 24 hours after sending.

31. Contact Us

If you have general questions about these Terms, our services, or our SMS program, please contact us: