Automated, Modified Philip-Dunne (MPD)
Hydraulic Conductivity Report Download and Data Storage
Terms of Service
January 1, 2023

The MPD field kit acquires infiltration data required to calculate hydraulic conductivity. This data must then be uploaded to Upstream Technologies Infiltrometer server where Hydraulic Conductivity ("Ksat") calculations occur. The user may then download infiltration reports.

To maintain this server, software, and data storage, Upstream Technologies charges for each test upload that successfully calculates Ksat. There are no charges for downloading reports or viewing your data.

This Service follows ASTM D8152 - Standard Practice for Measuring Field Infiltration Rate and Calculating Field Hydraulic Conductivity Using the Modified Philip Dunne Infiltrometer Test.

1. Users may pre-buy upload credits. If a user uploads a test, but does not have any upload credits remaining, the user's data will still be stored on servers controlled by Upstream Technologies, but Ksat will not be calculated until more credits are purchased. Stored data includes uploaded infiltration data, Ksat calculations, location, and field notes.
   
   
2. Users have access to uploaded test data for which they have paid the upload fee. This access includes creating and downloading reports from the uploaded data at no charge.
   
   
3. Upstream Technologies will not disclose user data except as required by law, subpoena or governmental request. Upstream Technologies will give the user prior notice of such disclosure (to the extent legally permitted) and reasonable assistance, at the user's expense, if requested by the user.
   
   
4. Upstream Technologies uses customer data for the purpose of providing customer service, such as: reviewing test results to answer a customer concern or question, diagnosing a problem with software or hardware, or identifying future improvements to software/hardware.
   
   
5. For marketing purposes, Upstream Technologies has a world map with a pin for every MPD test ever conducted. This only shows a map pin, there is no user data disclosed. This map is located at MPD service website and is viewable by the public.
   
   
6. EXCEPT AS PROVIDED ABOVE, UPSTREAM TECHNOLOGIES MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES, OR ANY SIMILAR DAMAGES, EXPENSES, OR LOSSES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THIS SERVICE, USER AGREES THAT UPSTREAM TECHNOLOGIES SHALL HAVE NO LIABILITY FOR DAMAGES DUE TO POWER OUTAGES, SYSTEMS FAILURES, CYBER ATTACKS AND LOSS OF DATA OR FOR THE ENGINEERING, PLANNING OR DESIGN OF STORMWATER SYSTEMS USING THE RESULTS OF THIS SERVICE. UPSTREAM TECHNOLOGIES' LIABILITY RELATED TO THIS SERVICE (WHETHER IN CONTRACT OR TORT OR UNDER ANY OTHER THEORY OF LIABILITY) SHALL NOT EXCEED THE LESSER OF $5,000 OR THE AMOUNT PAID BY A USER FOR THIS SERVICE IN THE 12 MONTHS PRECEDING A CLAIM.