Legal
Terms of Service
Effective Date: [Effective Date]
1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the BuildCalc Studio web application, website, and any related services (collectively, the "Service") provided by [Business Name] ("BuildCalc Studio," "we," "us," or "our").
By creating an account, accessing, or otherwise using the Service, you agree to be bound by these Terms in full. If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of an organisation, you represent that you have the authority to bind that organisation to these Terms.
2. Eligibility to Use the Service
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into a binding agreement.
The Service is intended for professional use by builders, contractors, renovators, estimators, and construction companies. You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations in your jurisdiction.
3. User Accounts and Account Security
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
You are responsible for safeguarding your password and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised use of your account or any other security breach. We will not be liable for any loss or damage arising from unauthorised use of your account.
You may not share your account credentials with third parties or allow multiple individuals to use a single account intended for one user, unless your subscription plan expressly permits multiple seats.
4. Description of the Service
BuildCalc Studio is a cloud-based estimating and project management tool that helps users generate material quantity calculations, labour estimates, project budgets, and exportable documentation such as quotes and material schedules.
The Service is provided solely as a software tool to assist with construction estimating and project organisation. It is not a substitute for professional engineering, architectural, quantity-surveying, or legal advice.
5. User Responsibilities
You are solely responsible for the accuracy of the measurements, dimensions, material selections, rates, and other inputs you enter into the Service, and for reviewing and verifying all information generated before relying on it.
You agree to use the Service in compliance with all applicable laws and to maintain the confidentiality and security of any project data you create or store within the Service.
6. Acceptable Use Policy
You agree not to: (a) use the Service for any unlawful, fraudulent, or abusive purpose; (b) attempt to gain unauthorised access to any part of the Service, its systems, or another user's data; (c) interfere with or disrupt the Service or servers; (d) reverse engineer, decompile, or disassemble any part of the Service; (e) use the Service to store or transmit infringing, defamatory, or otherwise unlawful content; or (f) resell, sublicense, or redistribute access to the Service without our written permission.
7. Intellectual Property Rights
BuildCalc Studio retains all right, title, and interest in and to the Service, including the software, branding, design, algorithms, calculations, documentation, and all related intellectual property. No rights in the Service are granted to you except as expressly set out in these Terms.
You retain ownership of the projects, estimates, and data you create using the Service ("User Content"). Nothing in these Terms transfers ownership of your User Content to us.
8. User Content and Project Data
You retain ownership of all projects, estimates, measurements, and other data you create or upload to the Service. You grant us a limited licence to host, store, and process your data solely as necessary to provide and improve the Service.
You are responsible for ensuring that you have the necessary rights to any content you upload, and that your use of the Service with such content does not infringe the rights of any third party.
9. Estimates and Accuracy Disclaimer
BuildCalc Studio is an estimating and project management tool only. While the software is designed to provide accurate calculations, estimates, material quantities, labour estimates, and project information, all outputs are estimates based on the inputs you provide.
You are solely responsible for reviewing and verifying all information generated by the Service before ordering materials, pricing projects, signing contracts, or commencing construction work. BuildCalc Studio is not liable for financial losses, incorrect estimates, omissions, construction errors, or any decisions made based on information generated by the software.
Calculations may be affected by incorrect inputs, assumptions, local variations, or software limitations. You should always confirm results against applicable building codes, supplier specifications, and professional advice.
10. Beta Features and Experimental Services
From time to time, we may offer beta, preview, or other experimental features ("Beta Features"). Beta Features may be unstable, may change without notice, and may be discontinued at any time.
Beta Features are provided "as is" without any warranty, and we are not liable for any loss or damage arising from your use of them. You use Beta Features at your own risk.
11. Subscription Plans and Payments
The Service may be offered through free trials and paid subscription plans. Details of current plans, pricing, and billing periods are displayed within the Service or on our website.
Free trials, where offered, are provided for a limited time and may require registration. We may require payment details before, during, or after a trial at our discretion. Where a trial does not require payment details, your subscription will not automatically convert to a paid plan unless you actively subscribe.
Paid subscriptions are billed in advance on a recurring basis (for example, monthly) through our payment provider. By subscribing, you authorise us to charge the applicable fees to your chosen payment method until you cancel.
We may change our fees or introduce new plans upon reasonable notice. Fee changes will take effect at the start of your next billing cycle following notice.
12. Cancellation and Account Termination
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period, and you will retain access until then.
We may suspend or terminate your account and access to the Service if you breach these Terms, if your account is inactive for an extended period, or if we are required to do so by law. Upon termination, your right to use the Service ceases immediately.
We may discontinue or suspend the Service, or any part of it, at any time without prior notice. Sections that by their nature should survive termination (including ownership, disclaimers, and limitation of liability) will remain in effect.
13. Availability of the Service
We strive to keep the Service available but do not guarantee uninterrupted or error-free access. The Service may be updated, modified, suspended, or discontinued, in whole or in part, at any time without prior notice, and we will not be liable to you or any third party for such actions.
Scheduled or emergency maintenance, network issues, and events beyond our control may cause temporary interruptions. We are not liable for any downtime or data loss resulting from circumstances outside our reasonable control.
14. Limitation of Liability
To the maximum extent permitted by law, in no event will BuildCalc Studio be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business, arising out of or in connection with your use of, or inability to use, the Service.
Our total aggregate liability for any claim arising from or relating to the Service will not exceed the amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or, if no payment was made, the minimum amount permitted by applicable law.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for gross negligence or wilful misconduct where required.
15. Disclaimer of Warranties
The Service is provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the Service will be error-free, secure, or available at all times, or that any calculation or estimate produced by the Service will be accurate, complete, or suitable for your specific project.
16. Indemnification
You agree to indemnify and hold harmless BuildCalc Studio and its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or third-party rights, including intellectual property rights; or (d) any decisions or actions you take based on information generated by the Service.
17. Privacy
We process personal data in accordance with applicable data protection laws, including the EU General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR"). Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference.
By using the Service, you consent to the collection, storage, and processing of your personal data as described in the Privacy Policy. We act as the data controller for personal data we collect directly from you.
18. Changes to the Service
We may update, modify, suspend, or discontinue the Service, or any feature or part of it, at any time and without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Service.
19. Changes to these Terms
We may revise these Terms from time to time. The most current version will always be available within the Service or on our website, with the "Effective Date" updated accordingly.
If we make material changes, we will provide notice through the Service or by other reasonable means. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Service.
20. Governing Law
These Terms and any dispute arising out of or relating to them or to the Service shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws principles.
Any dispute shall be subject to the exclusive jurisdiction of the competent courts of [City, Spain], unless otherwise required by mandatory consumer protection law applicable in your jurisdiction.
21. Contact Information
If you have any questions about these Terms or the Service, you can contact us at:
[Business Name], [Address], Spain · Email: [Contact Email]
