Terms of service

1. Scope and Acceptance

1.1 These Terms & Conditions of Sale ("Terms") govern every sale of products, software, subscriptions and services by E38 Survey Solutions Inc., an Ohio corporation, 3647 Brecksville Rd., Suite A, Richfield, Ohio 44286 ("E38", "we", "us"), to the purchaser ("Customer", "you"), whether ordered online, by phone, by email, by quote or in person.

1.2 By placing an order, accepting a quote, or paying an invoice, you agree to these Terms. At online checkout you will be asked to confirm your agreement before the order is submitted.

1.3 These Terms control over any terms in your purchase order, vendor registration, request for quote or other document. Those terms are rejected and do not apply unless an authorized E38 officer agrees to them in a signed writing that specifically refers to these Terms.

1.4 Our products are sold for professional and commercial use. If you are buying as a consumer, some provisions below may not apply to you where the law does not allow them.

1.5 Equipment rentals are governed by E38's separate Rental Agreement, which covers the Terms for rented equipment.

2. Orders, Pricing and Payment

2.1 Orders. An order is an offer to buy. A contract is formed only when we ship the product, deliver access to software or services, or confirm acceptance in writing. An order confirmation email alone is not acceptance. We may decline or cancel any order, in whole or in part, including for suspected fraud, export or regulatory restrictions, or pricing errors. If we cancel after payment, we will refund the amount paid for the cancelled items.

2.2 Quotes. Written quotes are valid for [30] days unless stated otherwise and may be withdrawn before acceptance. Quotes are subject to product availability and manufacturer price changes.

2.3 Prices and errors. Prices are in U.S. dollars and exclude taxes, shipping, duties and insurance unless stated. If a product is listed at an incorrect price because of a typographical or system error, we may cancel the order or contact you for approval of the correct price before shipping.

2.4 Taxes. You are responsible for all applicable sales, use, and similar taxes. Tax-exempt customers must provide a valid exemption certificate before the order ships.

2.5 Payment. Payment is due at the time of order unless we have approved net terms in writing. On approved terms, invoices are due within [30] days. Overdue amounts accrue interest at [1.5% per month] or the maximum rate allowed by law, whichever is lower, and you will pay our reasonable costs of collection, including attorneys' fees. We may suspend shipments, support and subscriptions while any amount is overdue.

2.6 Financing. Financing offered through third-party lenders is governed solely by the lender's agreement with you. E38 is not a party to that agreement.

3. Shipping, Title and Inspection

3.1 Shipping. Products ship from Richfield, Ohio. Ship dates and transit times are estimates. We are not liable for carrier delays or delays caused by manufacturer backorders.

3.2 Risk of loss and title. Risk of loss passes to you when we deliver the products to the carrier. Shipping insurance is available on request.

3.3 Inspection. Inspect each shipment on arrival. Report visible shipping damage, shortages or wrong items within [5] business days of delivery, with photos of the product and packaging. Keep all packaging until the claim is resolved. Products not reported within that period are deemed accepted, which does not affect your manufacturer warranty rights.

3.4 International orders. Orders shipped outside the United States are subject to Section 7 (Export Controls). You are the importer of record and are responsible for duties, taxes, brokerage fees and any import approvals.

4. Returns

4.1 Returns, exchanges and restocking fees are governed by our Returns Policy at e38surveysolutions.com/pages/returns, which forms part of these Terms.

5. Warranties

5.1 New products — manufacturer warranty. New products are covered only by the warranty of their manufacturer (for example, Emlid, DJI, XGRIDS, Inertial Labs). E38 passes those warranties through to you to the extent allowed. The manufacturer decides warranty claims under its terms. E38 will help you open and manage claims [at no charge for products bought from E38].

5.2 Protection plans. Plans such as DJI Care Enterprise are contracts between you and the manufacturer or plan provider. Their terms govern coverage, claims and replacements.

5.3 Used and refurbished products. Used and refurbished products are sold as is unless otherwise specified in the product description. If provided, coverage is against defects that prevent normal operation, with repair, replacement or refund as the only remedy. Product listings describe known condition issues. Remaining manufacturer coverage, if any, is not guaranteed.

5.4 Disclaimer. EXCEPT FOR ANY WARRANTY E38 EXPRESSLY GIVES IN WRITING, E38 MAKES NO WARRANTY OF ITS OWN, EXPRESS OR IMPLIED, FOR ANY PRODUCT, SOFTWARE OR SERVICE. E38 DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Where the law does not allow implied warranties to be disclaimed, they are limited to the shortest period the law allows.

5.5 Advice. Product recommendations, configuration help and training from E38 staff are provided to assist you. They are not a warranty that a product will meet your specific project, accuracy or regulatory requirements. You are responsible for choosing products suitable for your use.

6. Measurement Accuracy and Professional Responsibility

6.1 Accuracy depends on use. The accuracy of GNSS receivers, correction services, drones, LiDAR, laser scanners, total stations and processing software depends on conditions outside E38's control. These include satellite geometry, multipath, obstructions, weather, correction source and baseline length, coordinate systems and geoid models, calibration, setup, firmware, processing settings and operator skill. Published accuracy figures are manufacturer specifications under stated test conditions, not guarantees.

6.2 Your responsibility. You are solely responsible for verifying measurements, coordinates, volumes, models and other outputs before relying on them, including through check shots, control points and quality procedures appropriate to your project. Work that requires a licensed professional surveyor or engineer must be performed or supervised by one. E38 does not provide surveying or engineering services and does not certify any result.

6.3 Corrections and network services. Correction services, RTK networks and cloud services (including any included with a purchase) are provided by third parties. They may be interrupted, degraded or changed without notice. E38 is not responsible for their availability or accuracy.

7. Regulatory Compliance and Export Controls

7.1 Drone operation. You are responsible for operating aircraft lawfully, including FAA Part 107 certification, aircraft registration, Remote ID, airspace authorizations and waivers, and state and local laws on privacy, trespass and drone use. Agricultural spray drones may also require state pesticide applicator licensing and FAA Part 137 certification.

7.2 Regulatory and manufacturer changes. Laws, government procurement rules (including NDAA and agency restrictions), import rules and manufacturer firmware or software can change after purchase and may restrict how, where or by whom a product may be used, or remove features. E38 does not guarantee that a product will remain eligible for any use, contract or program, and is not liable for such changes. Confirm eligibility requirements, such as for government-funded projects, before ordering.

7.3 Export controls and sanctions. Products, software and technical data may be subject to U.S. export control and sanctions laws, including the Export Administration Regulations. You will not export, re-export or transfer them in violation of those laws, including to embargoed countries or restricted parties, or for prohibited end uses. We may request end-use information and may cancel orders that we cannot clear.

7.4 Radio and spectrum. Some products transmit radio signals. You are responsible for using them in compliance with FCC rules and any required licenses (for example, UHF radio links).

8. Software and Subscriptions

8.1 Third-party licenses. Software and subscriptions sold by E38 (for example, Pix4D, Virtual Surveyor, DJI Terra, Agisoft Metashape, Emlid Flow, Stitch3D) are licensed to you by their publishers under the publishers' license agreements and terms. E38 is a reseller and is not a party to those licenses. Embedded firmware is licensed under the manufacturer's terms.

8.2 No refunds after activation. Licenses and subscriptions cannot be returned or refunded once a license key, activation code or account access has been delivered, except as required by the publisher's policy or by law.

8.3 Renewals. Subscriptions renew for the same term at the then-current price unless you cancel at least 1 business day before renewal; we will email a reminder before each renewal.

9. Support and Training Services

9.1 Scope. Paid support plans cover phone and email assistance with setup, configuration and use of supported products, during business hours (Eastern Time), for the plan term. They do not include on-site work, field surveying, data processing on your behalf, or hardware repair, unless stated in the plan description. Training covers the topics and time stated in the order.

9.2 Remote access. If you ask us to connect to your computer using remote-access software, you authorize that session, and you should close confidential files and back up your data first. You can end the session at any time. E38 is not liable for data loss or system changes during a session, except to the extent caused by our gross negligence or willful misconduct.

9.3 Your data. You own your project data. We will use data you share with us only to provide support, and we will not disclose it except as needed to provide the support or as required by law.

10. Rentals

10.1 Rented equipment is governed by E38's Rental Agreement, which you must sign before the equipment ships. It covers rental periods, deposits, damage and loss, late returns and insurance. Sections 6, 7, 11 and 13 of these Terms also apply to rentals.

11. Limitation of Liability

11.1 No indirect damages. TO THE FULLEST EXTENT ALLOWED BY LAW, E38 WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, PROJECTS, DATA OR PRODUCTIVITY, DOWNTIME, REWORK, CONSTRUCTION OR SURVEY ERRORS, DELAY PENALTIES, OR THE COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF ADVISED THEY WERE POSSIBLE.

11.2 Cap. E38'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO AN ORDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU PAID E38 FOR THE PRODUCT, SOFTWARE OR SERVICE GIVING RISE TO THE CLAIM [for support plans: the fees paid in the 12 months before the claim].

11.3 Exceptions. These limits do not apply to liability for death or personal injury caused by E38's negligence, or for fraud, or to any liability that cannot be limited under applicable law.

11.4 Allocation of risk. E38's prices reflect this risk allocation. These limits apply even if a limited remedy fails of its essential purpose.

12. Indemnification

12.1 You will defend, indemnify and hold harmless E38 and its officers, employees and agents from third-party claims, losses and reasonable attorneys' fees arising from (a) your operation or use of products, including aircraft operation and the use of data or deliverables you produce; (b) your violation of law, including aviation, privacy and export laws; or (c) your breach of these Terms.

13. Governing Law, Venue and Claims

13.1 Governing law. These Terms and every sale under them are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Venue. Any dispute arising out of or relating to these Terms or any sale must be brought exclusively in the state courts located in Summit County, Ohio, or the United States District Court for the Northern District of Ohio. You and E38 consent to the personal jurisdiction of those courts.

13.3 Time limit. Any claim must be filed within one (1) year after it arises, to the extent allowed by Ohio Revised Code § 1302.98 and other applicable law.

13.4 No class actions. To the extent allowed by law, claims may be brought only individually, not as a plaintiff or class member in any class or representative proceeding.

14. General

14.1 Force majeure. E38 is not liable for delay or failure caused by events beyond its reasonable control, including manufacturer shortages, carrier failures, tariffs and trade restrictions, government action, natural disasters and labor disputes.

14.2 Entire agreement and order of precedence. These Terms, the Returns Policy, the Rental Agreement (for rentals) and any written quote accepted by E38 form the entire agreement. If they conflict, a signed written agreement controls, then the accepted quote, then these Terms, then the Returns Policy.

14.3 Changes. We may update these Terms by posting a new version with a new "Last updated" date. The version in effect when you place an order applies to that order.

14.4 Severability and waiver. If any provision is found unenforceable, it will be enforced to the maximum extent allowed and the rest remain in effect. Failure to enforce a provision is not a waiver.

14.5 Assignment. You may not assign an order without our written consent. We may assign our rights to a successor or affiliate.

14.6 Notices. Notices to E38 must be sent to sales@e38surveysolutions.com and to E38 Survey Solutions Inc., 3647 Brecksville Rd., Suite A, Richfield, Ohio 44286. Phone: (440) 596-4076.

Last updated: [10/19/2026]