Terms of Service

Last updated: Nov 2, 2025 

When you use any Kingfisher35 products or services, you are agreeing to these latest Terms of Service ("Terms"). Violation of these terms may, at our discretion, result in us terminating your accounts.

We may update these Terms of Service at any time. If we make significant changes, we will refresh the date at the top of this page and notify users who have signed up to our policy updates mailing list.

Definitions

"Company", "we", "our", or "us" in any of our policies or terms, refers to Kingfisher35 LLC.

"Services" refers to our websites, including Kingfisher35.com, and any product created and maintained by Kingfisher35 LLC. That includes Lighthouse35 (all versions) and related CMM (Coordinate Measuring Machine) software solutions, whether delivered within a web browser, desktop application, mobile application, or another format.

Finally, "you" or "your" refers to the people or organizations that own an account with one or more of our Services. We have a specific Account Ownership Policy for our products.

Account Terms

• You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend all users set up two-factor authentication for added security. In some of our Services, we may require it.
• You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account. The account owner is solely responsible for ensuring that all users under their account comply with these Terms of Service.
• You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
• You acknowledge that you are using the Services to support your company's manufacturing and quality control operations, and you agree to use the Services in accordance with applicable industry standards and regulations.

System Requirements and Internet Connectivity

Fast, reliable internet connectivity with low latency is required for optimal performance of our CMM software Services. You are responsible for ensuring adequate internet infrastructure to support real-time measurement data processing and analysis. Poor connectivity may result in degraded performance, data transmission errors, or service interruptions.

AI-Generated Content Disclaimer

Our Services may utilize artificial intelligence to generate content, suggestions, recommendations, or analysis. All AI-generated content may contain errors and must be thoroughly checked, confirmed, and validated before use in any manufacturing, quality control, or operational processes. AI-generated content is provided only as a general guide and should not be relied upon without proper verification. All specifications, measurements, guidelines, and recommendations must be reviewed and approved by qualified individuals with appropriate expertise before implementation or use in production environments.

Data Accuracy and Measurement Integrity

Measurement Data Accuracy: While our Services are designed to process and analyze measurement data with high precision, the accuracy of measurement results depends on multiple factors including but not limited to: proper CMM calibration, equipment maintenance, environmental conditions, operator skill, and adherence to established measurement procedures.

Calibration Responsibilities: You are solely responsible for ensuring that all measuring equipment (CMMs, gauges, sensors, etc.) used with our Services is properly calibrated according to manufacturer specifications and applicable industry standards. The Company does not provide calibration services and makes no warranties regarding measurement accuracy if equipment is not properly calibrated.

Measurement Error Liability: The Company disclaims all liability for measurement errors, inaccurate readings, or data discrepancies that may result from equipment miscalibration, improper setup, environmental factors, operator error, or any other factors outside our software's direct control. Users must implement appropriate quality control procedures and validation processes to verify measurement accuracy.

Data Validation: Users are responsible for implementing appropriate data validation procedures, including but not limited to cross-verification of measurements, statistical process control, and regular accuracy checks against certified reference standards.

Qualified Personnel: All measurement data interpretation, quality decisions, and acceptance/rejection determinations must be made by qualified personnel with appropriate training and expertise in metrology and quality control.

Payment, Refunds, and Plan Changes

• For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our Cancellation Policy for more details.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. See our Taxes Policy for more details. Otherwise, you are responsible for payment of all taxes, levies, or duties.
• We process refunds according to our Refund Policy.

Cancellation and Termination

• You are solely responsible for properly canceling your account. You can find instructions for how to cancel your account in our Cancellation Policy. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team.
• All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
• If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Refund Policy for more details.
• We reserve the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the deletion of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
• Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

• We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
• Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

• Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis. We do not offer service-level agreements, but do take uptime of our applications seriously.
• We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. We'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
• We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
• You agree that Kingfisher35 may process your data as described in our Privacy Policy and for no other purpose. On rare occasion, our staff may access your data for the following reasons:
  • To help you with support requests you make.
  • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue.
  • To safeguard Kingfisher35. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
  • To the extent required by applicable law. As a U.S. company with its main data infrastructure located in the US, we only preserve or share customer data if compelled by a U.S. government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-U.S. authority approaches Kingfisher35 for assistance, our default stance is to refuse unless the order has been approved by the U.S. government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Kingfisher35 is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
• We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can see a list of all subprocessors who handle personal data for Lighthouse35, as well as a list of Company Processors.
• Under the California Consumer Privacy Act ("CCPA"), Kingfisher35 is a "service provider", not a "business" or "third party", with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, the Privacy Policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. Similarly, you agree to comply with your requirements under the CCPA and not use Kingfisher35's Services in a way that violates the regulations.
• These Terms incorporate the Kingfisher35 Data Processing Addendum ("DPA") when the EU General Data Protection Regulation ("GDPR") or United Kingdom General Data Protection Regulation ("UK GDPR") applies to your use of Kingfisher35 Services to process Customer Data as defined in the DPA. The DPA linked above supersedes any previously agreed data processing addendum between you and Kingfisher35 LLC relating to your use of the Kingfisher35 Services.

Copyright and Content Ownership

• All content posted on the Services must comply with U.S. copyright law. We provide details on how to file a copyright infringement claim.
• You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
• We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
• The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.
• You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or functionality of the Services. This includes but is not limited to attempting to recreate proprietary measurement algorithms, analysis methods, or software functionality.

Services Adaptations and API Terms

We offer Application Program Interfaces ("API"s) for some of our Services (currently Lighthouse35). Any use of the API, including through a third-party product that accesses the Services, is bound by these Terms plus the following specific terms:

• You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
• Third parties may access and employ the API for legitimate CMM monitoring, quality control, and manufacturing process oversight purposes. However, third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's personal activity unrelated to manufacturing operations or quality control processes. The Company, in its sole discretion, will determine if an integration service violates this policy. A third party that has built and deployed an integration for unauthorized surveillance purposes will be required to remove that integration.
• Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Liability

LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MAXIMUM LIABILITY CAP: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

MANUFACTURING AND OPERATIONAL RISKS: YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR CONSEQUENCES ARISING FROM OR RELATED TO:

• Manufacturing process interruptions or delays
• Product quality issues or defects
• Measurement data loss or corruption
• Equipment downtime or malfunction
• Production scheduling conflicts
• Regulatory compliance failures
• Any business decisions made based on data or analysis provided by the Services

INDEMNIFICATION: You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

If you have a question about any of these Terms, please contact our Support team.