Terms of Service

1. The Service

PlumeSmart is a browser-based interface for running the U.S. EPA's regulatory air dispersion models — AERMET, AERMAP, AERSURFACE, BPIPPRM, and AERMOD — and related tools, and for viewing and exporting their results. The underlying models are published by the U.S. EPA. The Service prepares model inputs, executes the EPA model binaries, and presents their outputs; it does not modify the models' computational methods.

2. Professional Use and Independent Verification

The Service is a tool for qualified professionals. You are solely responsible for the selection of inputs, the interpretation of results, and any decisions or regulatory submissions made using them.

You must independently review and verify all outputs before relying on them for any purpose. You remain the "professional of record" for any modeling you submit to a regulatory agency or client, and you are responsible for exercising your own professional judgment and meeting the applicable standard of care. The Service is not a substitute for professional engineering, legal, or regulatory advice.

3. Accounts

You must provide accurate account information and keep your credentials secure. You are responsible for all activity under your account. Notify us promptly of any unauthorized use. Accounts are for the named user; do not share credentials.

4. Fees and Subscriptions

Paid plans are billed in advance on a monthly or annual basis through our payment processor (Stripe). Subscriptions renew automatically until cancelled; you may cancel at any time and retain access through the end of the current billing period. Except where required by law, fees are non-refundable and partial periods are not prorated. We may change pricing on prospective notice.

5. Acceptable Use

You agree not to: misuse the Service or interfere with its operation; attempt to gain unauthorized access to it or to other users' data; reverse engineer or resell the Service except as permitted by law; use it to violate any law or third-party right; or exceed the run limits or other technical limits of your plan through automated or abusive means.

6. Intellectual Property and Your Data

The EPA models are U.S. Government works. The Service's interface, software, and content are owned by us or our licensors. You retain all rights to the project data, inputs, and files you upload ("Your Data"). You grant us a limited license to host and process Your Data solely to provide the Service to you. You can export Your Data at any time.

7. No Warranty

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or that any output is accurate, complete, or suitable for a particular regulatory submission. Modeling results depend on the inputs, meteorological and terrain data, and configuration you provide and select. You are responsible for validating outputs against the applicable regulatory requirements and your own professional judgment.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, PERMITS, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR ANY OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). These limitations apply regardless of the legal theory and are a fundamental basis of the bargain.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, Your Data, your regulatory submissions, or your violation of these Terms or any law or third-party right.

10. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access for violation of these Terms, non-payment, or to protect the Service or other users. Sections that by their nature should survive (including 6–9 and 11) survive termination.

11. Governing Law and Disputes

These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-laws rules. The exclusive venue for disputes is the state or federal courts located in the State of Maryland, and you consent to their jurisdiction.

12. Changes

We may update these Terms. Material changes will be posted here with a new effective date and version; continued use after changes take effect constitutes acceptance. Questions? Contact [email protected].