Legal

Terms and conditions

Effective 20 September 2026. Last updated 20 September 2026.

These terms govern your use of the FOGLE website and service. Where a municipality has signed a separate written agreement with us, that agreement governs and these terms fill any gaps.

1. Who you are contracting with

Service	FOGLE
Contact for these terms	Fogle.HQ@gmail.com, subject line Legal
General enquiries	Fogle.HQ@gmail.com
Principal place of business	Massachusetts, United States

In these terms, we, us and FOGLE mean the service above. You means the person using the site, and where you act for a municipality, it means that municipality as well.

2. Accepting these terms

By using this website, creating an account, or submitting the demo request form, you accept these terms. If you do not accept them, please do not use the service.

If you are accepting on behalf of a municipality or other organisation, you confirm you are authorised to bind it. If you are not sure whether you have that authority, you probably do not, and you should ask before proceeding.

3. What the service is

FOGLE assembles public and municipal datasets into a single interactive 3D model of a municipality, and lets staff study that model through different analytical view modes.

The website also offers a lightweight generated preview that illustrates how the view modes work. That preview is representative and is clearly labelled as such where it appears. It is not survey data for any real municipality, and it must not be used as though it were.

4. Accounts

Accounts are intended for municipal staff and their authorised contractors.
Give accurate information when you register, and keep it current.
You are responsible for what happens under your account. Keep your password to yourself, use one you do not use anywhere else, and tell us promptly if you think it has been compromised.
We will never ask you for your password. Anyone who does is not us.
Do not share a single account between people. If your department needs more users, ask us.
We may suspend an account that appears compromised, or that is being used in breach of section 5. We will tell you why, and restore it once the issue is resolved.
You can delete your account at any time from your workspace. Doing so removes your profile, saved models and answers.

5. Acceptable use

Do not:

Break the law, or use the service to help anyone else break it.
Try to access data belonging to another account or another municipality.
Probe, scan or test the security of the service, except as described in the responsible disclosure paragraph of our privacy policy.
Interfere with the service, or place an unreasonable load on it, including by automated scraping.
Reverse engineer the service, except to the extent that restriction is unenforceable by law.
Remove or obscure attribution required by section 7.
Republish sensitive infrastructure data, such as water main, storm drain or sewer locations, outside your organisation without the owning municipality's agreement.
Upload anything you do not have the right to upload, or anything containing malicious code.
Use the service to compile personal information about residents. FOGLE deliberately excludes owner names and mailing addresses from assessor data, and you should not reintroduce them.

6. Your data, and who owns what

You keep ownership of your data. Parcel records, zoning layers, pavement condition, utility networks and anything else your municipality provides remain yours. We claim no ownership.

You grant us a limited licence to host, process and display that data for the sole purpose of providing the service to you. That licence ends when the agreement ends.

We do not use one municipality's data to build a product for another.
We do not use your data to train models shared across customers unless you ask us to in writing.
You may export your data at any time. On termination we will return it in a standard format on request, and delete it within 60 days.

How we handle personal information is set out in the privacy policy, which forms part of these terms.

7. Data sources and attribution

The base model is assembled from public datasets. Different sources carry different obligations, and they travel with the data.

Source	Terms	What that means for you
OpenStreetMap	Open Database License 1.0	Attribution to OpenStreetMap contributors must stay visible. Share alike applies if you publish a derived database.
USGS elevation and hydrography	Public domain	No restriction. Attribution is courtesy.
FEMA flood hazard layers	Public domain	No restriction. Not a substitute for an official Flood Insurance Rate Map determination.
NLCD land cover	Public domain	No restriction.
MassGIS assessor parcels	Public record	No restriction. Currency depends on the municipality's last submission.
State transportation data	Public record	Varies by state. Coverage is limited to counted roads.

Do not remove the attribution shown in the product. If you publish a map, screenshot or report derived from it, carry the attribution across.

8. Accuracy, and what this tool is not

This section matters more than the rest, so it is in plain words.

FOGLE is a planning and visualisation tool. It brings existing public records together so they can be compared. It does not create new survey data, and it is only ever as current and as accurate as the records it was built from.

FOGLE is not, and must not be relied on as:

A survey, or a substitute for one.
An official flood zone determination. For that, use the effective FEMA Flood Insurance Rate Map and your community's floodplain administrator.
A legal determination of a property boundary, a zoning district, or a permitted use. The recorded plan, the assessor's record and the adopted zoning bylaw govern.
An engineering design, a structural assessment, or a hydraulic model.
A dig safe or utility locate. Before any excavation, follow your state's underground utility notification law. In Massachusetts that means notifying Dig Safe as M.G.L. c. 82 s. 40 requires.
A substitute for the professional judgement of a licensed engineer, surveyor or planner.

Decisions with legal, financial or safety consequences must be verified against the authoritative record and signed off by a qualified professional. Where FOGLE shows a figure, it shows the layer and the vintage it came from, so it can be checked. Check it.

9. Automated output

Parts of the service use machine learning to detect patterns across infrastructure layers, for example segments at elevated risk of failure. This output is a prompt to investigate, not a conclusion.

Every automated result is shown with the source layers and values that produced it.
Automated output is an input to professional judgement and is never a final determination.
It does not make automated decisions with legal or similarly significant effects on individuals.
On request we will document the model version and inputs behind a given result, so a municipality can explain it on the public record.

The assistant on this website is automated, answers only from published site content, and can be wrong. Do not send personal or sensitive information to it.

10. Availability and support

We aim to keep the service available and to give reasonable notice of planned maintenance. Unless a signed agreement sets a specific service level, this website and any free preview are provided on an as available basis, without an uptime commitment.

Support is by email to Fogle.HQ@gmail.com. We aim to respond within two business days.

11. Fees

FOGLE is licensed as an annual subscription per municipality, scoped to the size of the town and the layers included. Pricing is quoted in writing for a specific scope. Use of this website and of any preview is free.

Where fees apply, they are set out in the signed agreement or order form, together with payment terms, renewal and any change to pricing. Nothing on this website is an offer to contract at a particular price.

12. Our intellectual property

The FOGLE name, the FOGLE mark, the software, the interface and the documentation are ours and remain ours. Using the service does not transfer any of it to you.

You may use screenshots of your own municipality's model in reports, presentations and public meetings, with attribution to FOGLE and with the data source attribution from section 7 intact. That permission covers your municipal purposes; it is not a licence to use our branding to promote something else.

If you send us feedback or suggestions, we may act on them without obligation to you. We will not identify you as the source without asking.

13. Ending the agreement

You may stop using the service at any time, and delete your account from your workspace.
Where there is a subscription, either party may end it as the signed agreement provides.
We may suspend or end access if these terms are breached materially and the breach is not fixed within 30 days of us asking, or immediately where continuing would be unlawful or unsafe.
On termination we will, on request, return your data in a standard format, then delete it within 60 days. Sections 6, 8, 9, 12, 14, 15 and 17 survive termination.

14. Warranties

We warrant that we will provide the service with reasonable skill and care, and in a manner consistent with the security commitments in our privacy policy.

Beyond that, and to the fullest extent the law allows, the service is provided as is. We disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the service will be uninterrupted or error free, nor that the underlying public data is complete, current or accurate, because we do not create that data.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. Nothing here limits any right you have that cannot lawfully be limited.

15. Limitation of liability

To the fullest extent the law allows:

Neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue or lost data, however caused.
Our total liability arising out of or relating to the service is limited to the greater of the fees you paid us in the twelve months before the claim arose, or one hundred United States dollars.

These limits do not apply to liability that cannot lawfully be limited, including liability for fraud, for wilful misconduct, or for death or personal injury caused by negligence. They also do not limit a party's indemnity obligations under a signed agreement.

Nothing in these terms limits your rights under the Massachusetts Consumer Protection Act, M.G.L. c. 93A, where it applies to you.

16. Terms for public bodies

We know a municipality cannot agree to everything a commercial vendor would like, and we do not ask it to.

Indemnities. Where a municipality is prohibited by law from indemnifying a vendor, that obligation does not apply to it.
Governing law. Where a public body must contract under the law of its own state, we will agree to that state's law instead of section 17.
Arbitration. We do not require a public body to arbitrate, and we do not require any user to waive a jury trial.
Appropriation. A multi year subscription is subject to appropriation. If funds are not appropriated, the municipality may terminate at the end of the funded period without penalty.
Public records. Nothing here prevents a municipality complying with the Massachusetts Public Records Law or its equivalent elsewhere, and we will help it respond.
Procurement. Where a municipality's procurement rules require specific terms, tell us and we will work from your paper rather than ours.

17. Governing law and disputes

These terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws rules. The state and federal courts located in Massachusetts have exclusive jurisdiction, and both parties consent to venue there. Section 16 takes precedence for public bodies.

Before filing anything, please write to Fogle.HQ@gmail.com with the subject line Legal and give us 30 days to resolve it. Most things can be sorted out that way.

There is no mandatory arbitration clause in these terms, and no class action waiver.

18. General

Whole agreement. These terms and the privacy policy are the whole agreement between us about the website, and replace anything said earlier. A signed agreement takes precedence over both, to the extent of any conflict.
Changes. We may update these terms. For a material change we will give at least 30 days notice by email to account holders and by updating the date at the top of this page. Continuing to use the service after that counts as acceptance. If you do not accept, stop using it and tell us, and we will refund any unused prepaid fees.
Severability. If a provision is unenforceable, the rest stands.
No waiver. Not enforcing something once does not waive it.
Assignment. You may not assign these terms without our written consent. We may assign them to a successor in a merger or sale of the business, and will tell you.
Force majeure. Neither party is liable for a failure caused by something genuinely outside its reasonable control.
No third party rights. Nobody other than the parties may enforce these terms.
Notices. To us, by email to the address below. To you, by email to your account address, or by a notice posted in the service.

19. Contact

Questions about these terms, procurement paperwork, or anything else: Fogle.HQ@gmail.com

Please use the subject line Legal for anything about this page, and Privacy request for anything about your personal information.

A note on how to use this page. These terms are written to be clear and to be fair to a public buyer, but they are a starting point rather than legal advice. Before you rely on them in a municipal procurement, have a Massachusetts attorney review them alongside your insurance position and your data processing agreement.

Read the privacy policy Accessibility Request a demo