Terms and Conditions
END USER LICENSE AGREEMENT
This agreement is between you and FoundationCalcs Ltd. ("FoundationCalcs").
By using any FoundationCalcs products, you understand and agree to the following terms and conditions. If you do not agree to all the terms and conditions of this Agreement or if you do not have the authority to agree to all the terms and conditions of this Agreement on behalf of the licensee, then you must not use the product.
ACCOUNT TERMS AND CONDITIONS
FoundationCalcs accounts are not to be shared without our consent or redistributed as the work of another party. The and calculators are all the intellectual property of FoundationCalcs Ltd. Any violations of this will be considered an infringement of copyright laws.
FoundationCalcs accounts are designed for a single user only. You will experience lockouts or suspensions if the account is used simultaneously in two or more locations or on more than a pre-determined number of devices or IP addresses per month. This is to protect against unlawful use of FoundationCalcs products and . If regular suspensions occur, extended lockouts and service accessibility may be suspended indefinitely or canceled altogether.
FoundationCalcs has the right to make any changes to the accessibility limits on Free Accounts and free at any time, without notice.
You may not rent, lease, sub-license, lend or transfer the Product to another person or legal entity without the prior written consent of FoundationCalcs.
USAGE TERMS AND CONDITIONS
As a user of FoundationCalcs , you accept that FoundationCalcs is for analysis and design of foundations only. FoundationCalcs should not be used for detailed or ‘for-construction’ design at this point. All designs and calculations produced using FoundationCalcs must be signed off by a professional and competent structural engineer.
Results from any engineering should always be double-checked when applied in real-life applications. As a FoundationCalcs user, it is your responsibility to verify and validate the output of the with some other independent means
As a user of FoundationCalcs , particularly professional engineers, you agree to use sufficient duty of care when using FoundationCalcs's products. This includes not designing or constructing anything outside of your abilities and knowledge as an engineer. As with all engineering , one should always question the results and perform sufficient checks that the results are logical and correct. FoundationCalcs and its individual creators take no responsibility for any damages, liabilities, or consequences resulting from any use of our .
A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, or labor disputes, embargoes, government orders, or any other force majeure event.
The forces, materials, and results are all based on theoretical input and solutions. With any structure or design, a wide variety of other factors can directly impact the actual results and behavior of said foundation designs. Some examples include other loads (e.g., wind), actual material properties, self-weight, age of the structure, etc. As a user, you understand that such variables can strongly alter the results of FoundationCalcs products from reality and should be considered in your design and calculations
There are literally millions of possible combinations of supports, fixities and loads on a foundation. This makes it impossible to test and ensure accuracy in every single possible scenario. As with any , there may be bugs or errors that cause it to function incorrectly. As a user, you understand that although all FoundationCalcs design modules goes through extensive testing, the risk of deviated results due to failure is still possible.
You, at your sole expense, will defend, indemnify, and hold FoundationCalcs harmless from and with respect to losses or damages (including reasonable attorneys’ fees and costs) incurred in connection with any suit or proceeding brought by a third party against FoundationCalcs insofar as such suit or proceeding shall be based upon (i) any claim arising out of or relating to your use of the Product except where such claim alleges that the infringes or constitutes wrongful use of any copyright, trade secret, patent, or trademark of any third party; or (ii) any claim arising out of or relating to any act or omission by you. You will pay any damages and costs assessed against FoundationCalcs (or paid or payable by FoundationCalcs pursuant to a settlement agreement) in connection with such a suit or proceeding.
FoundationCalcs reserves the right to use your foundation designs and files as marketing material in the form of screenshots and visual mediums only. To opt-out of this, please contact us. FoundationCalcs will never release your designs or files to a third party or any other subscriber without your permission.
You agree to accept communication in the form of personal and marketing emails. You can opt out of these at any time by clicking 'Unsubscribe' at the bottom of the email or by contacting us.
FoundationCalcs may change the product automatically over time without notice and shall not be under any obligation to provide you with any notification of such change.
CONSEQUENCES OF BREACHING THIS POLICY
The consequences for violating our Policy will vary depending on the severity of the breach and the user’s history on the Product/Services. By way of example: We may, in some cases, give you a warning; however, if your breach is serious or if you continue to breach our Legal Terms and this Policy, we have the right to suspend or terminate your access to and use of our Product/Services and, if applicable, disable your account. We may also notify law enforcement or issue legal proceedings against you when we believe that there is a genuine risk to an individual or a threat to public safety. We exclude our liability for all action we may take in response to any of your breaches of this Policy.
DISCLAIMER
FoundationCalcs is under no obligation to monitor users’ activities, and we disclaim any responsibility for any user’s misuse of the Product/Services. FoundationCalcs has no responsibility for any user or Contribution created, maintained, stored, transmitted, or accessible on or through the Product/Services, and is not obligated to monitor or exercise any control over such material. If FoundationCalcs becomes aware that any such Content or Contribution violates this Policy, FoundationCalcs may, in addition to removing such Content or Contribution and blocking your account, report such breach to the police or appropriate regulatory authority. Unless otherwise stated in this Policy, FoundationCalcs disclaims any obligation to any person who has not entered into an agreement with FoundationCalcs for the use of the Product/Services.
HOW CAN YOU CONTACT US ABOUT THIS POLICY?
If you have any further questions or comments or wish to report any issue, you may contact us by: