StructSuite

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you are dissatisfied with the Platform, any content, or any terms and conditions herein (including as modified), your sole and exclusive remedy is to discontinue using the Platform.

Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users. You are responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of Use and comply with them. It is a condition of your use of the Platform that all information you provide is accurate, up to date, and complete. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Platform and its contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, and the methodology, design, selection, and arrangement thereof) are owned by StructSuite, or its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The name StructSuite, logo, related terms, product and service names, designs, and slogans are trademarks and the intellectual property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

Limited License

Subject to the terms and conditions of this Agreement, StructSuite ("Company") grants you a limited, non-exclusive, personal, nontransferable, nonsublicensable right and license to access and use the Application. No other right or license of any kind is granted by Company to you with respect to the Application.

Restrictions

You may not: (1) modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Application, or any part thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Application or any part thereof; (2) market, rent or lease the Application for a fee or charge; (3) represent that the Application, or any part thereof, is owned by any party other than the Company; (4) remove or alter any proprietary notices, labels, marks or identifying information of any kind on the Application; or (5) incorporate the Application or any part thereof into any other application or product.

Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Platform: (1) in any way that violates any applicable federal, state, local, or international law or regulation; (2) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or similar solicitation; (3) to impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity; (4) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which may harm the Company or users of the Platform; (5) to use any robot, spider, crawler, scraper, or other automatic device to access the Platform for any purpose; (6) to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (7) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform or any server, computer, or database connected to the Platform; or (8) to attack the Platform via a denial-of-service attack or distributed denial-of-service attack; or (9) to use the Platform for purposes of competitive analysis of the Platform, the development of a competing software product or service, or any other purpose that is to the Company's commercial disadvantage. We have the right to cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or submitting materials on or through the Platform.

Responsibility for Use

You are responsible and liable for all access to and use of the Platform through access provided by you, directly or indirectly, in accordance with applicable law. You are responsible for all actions and failures to take required actions with respect to the Platform by any person to whom you may provide access, whether such access or use is permitted by or in violation of this Agreement.

Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to this Platform, you do so entirely at your own risk.

No Warranty

COMPANY MAKES NO WARRANTY WITH RESPECT TO THE APPLICATION. THE APPLICATION IS MADE AVAILABLE "AS IS" AND WITH ALL FAULTS. COMPANY DOES NOT WARRANT THAT THE APPLICATION WILL BE FREE FROM ERRORS OR THAT ERRORS WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT COMPANY DOES NOT HAVE CONTROL OVER YOUR USE OF THE APPLICATION, AND COMPANY DOES NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE APPLICATION. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE APPLICATION.

COMPANY SPECIFICALLY DISCLAIMS: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR OPERATION OF THE APPLICATION WILL BE ERROR FREE OR UNINTERRUPTED.

We cannot and do not guarantee that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures for anti-virus protection and for maintaining a means external to our site for any reconstruction of any lost data.

Disclaimer

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

THIS APPLICATION IS A TOOL INTENDED TO BE USED BY TRAINED PROFESSIONALS ONLY. THE APPLICATION IS NOT A SUBSTITUTE FOR PROFESSIONAL JUDGEMENT. THIS APPLICATION IS INTENDED TO ASSIST WITH STRUCTURAL DESIGN AND ANALYSIS, AND IS NOT A SUBSTITUTE FOR INDEPENDENT DESIGN OR TESTING FOR STRESS, SAFETY AND UTILITY. YOU MUST CONFIRM ALL RESULTS BY REFERRING TO ALL APPLICABLE STATE BUILDING CODES, LOCAL AMENDMENTS AND ALL OTHER INFORMATION NECESSARY TO DO SO.

DUE TO THE LARGE VARIETY OF POTENTIAL APPLICATIONS, COMPANY SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR THE RESULTS OBTAINED THROUGH THE USE OF THE APPLICATION. PERSONS USING THE APPLICATION ARE RESPONSIBLE FOR THE SUPERVISION, MANAGEMENT, AND CONTROL OF THE APPLICATION. THIS RESPONSIBILITY INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE APPLICATION AND THE SELECTION OF PRODUCTS, SOFTWARE AND MATERIALS TO ACHIEVE INTENDED RESULTS. PERSONS USING THE APPLICATION ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY AND ACCURACY OF ANY OUTPUT.

Limitation of Liability

IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE). THIS LIMITATION WILL APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE SERVICE IN THE LAST 12 MONTHS (OR $100 IF NO AMOUNT WAS PAID).

ANYONE MAKING USE OF THE PLATFORM ASSUMES ALL LIABILITY ARISING FROM ITS USE. IT IS YOUR RESPONSIBILITY TO VERIFY THE AVAILABILITY, SUITABILITY, AND ADEQUACY OF ANY STRUCTURAL MEMBER, FOUNDATION, SHEAR WALL, OR OTHER ELEMENT CHOSEN FOR DESIGN AND/OR CONSTRUCTION.

Subscription and Payment

If you purchase a subscription or other paid service through the Platform, all fees are payable in advance and are generally non-refundable once payment is processed. Subscriptions may renew automatically unless you cancel before renewal. You may cancel your subscription at any time by contacting us at https://structsuite.com. Cancellations must typically be requested a minimum of 7 days before renewal to avoid the next billing cycle. No refunds will be given for failure to cancel prior to auto-renewal. Additional subscription terms may apply and will be presented at the time of purchase.

We reserve the right to modify subscription fees and pricing for any paid service at any time. Any price change will apply to renewal periods following the effective date of the change. We will provide you with at least thirty (30) days' advance notice of any price increase by email to the address associated with your account or by posting a notice on the Platform. Your continued use of the subscription after the effective date of the price change constitutes your acceptance of the new price. If you do not agree to the new price, you may cancel your subscription before the next renewal date to avoid being charged the new price. Failure to cancel prior to renewal will result in the new price being charged for the renewal period.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Term and Termination

The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with its terms and conditions.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform, including any use of the Platform's content, services, and products other than as expressly authorized in these Terms of Use.

Assignment

You may not assign, transfer, or delegate any or all of your rights or obligations under these Terms of Use without the prior written consent of the Company. The Company may assign, transfer, or delegate any or all of its rights and obligations under these Terms of Use to a third party, including to a successor of all or substantially all of its assets.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions will continue in full force and effect.

Relationship of the Parties

Nothing contained in these Terms of Use shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. The relationship of the parties is, and at all times shall continue to be, that of independent contractors.

Feedback

If you send or transmit any communications or materials to the Company suggesting or recommending changes to the Platform, including new features or functionality, or any comments, questions, suggestions, or the like ("Feedback"), the Company is free to use such Feedback without any obligation to you. You hereby assign to the Company all right, title, and interest in any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever.

Consent to Receive Communications

By providing your email, phone number, or other contact information to the Platform, you consent to receiving communications from the Company, which may include automated emails, electronic messages, or other electronic communications relating to your account, the Platform, or our services. Consent is not a condition of any purchase or use of the Platform.

Force Majeure

Company shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, acts of God, earthquake, fire, flood, embargoes, labor disputes and strikes, riots, war, and acts of civil and military authorities. The foregoing shall not apply to any obligations to make payments.

Export Regulation

The Platform may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not export, re-export, or release the Platform or make it accessible from any jurisdiction or country to which export, re-export, or release is prohibited by law. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or governmental approval), prior to making the Platform available outside the US.

Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior or contemporaneous representations, discussions, proposals, negotiations, conditions, agreements and communications, whether oral or written, between the parties relating to the subject matter of this Agreement.

Governing Law

This Agreement shall be governed by the laws of the State of California and the United States of America, without reference to conflicts of laws principles.

Contact

For questions, contact us at https://structsuite.com.

Acceptance of Terms

By using the Application, you agree to the terms and conditions of this Agreement. The Application should only be used by experienced designers. As a user, you are responsible for assuring the accuracy of your input to the Application. All output should be reviewed for accuracy by a qualified design professional before use.