Terms of Service

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity. If you do not agree, you must not use the Services. Where a separate writing between you and Company (including email) expressly supersedes a specific provision, that writing controls as to that subject matter only, unless otherwise stated.

1. Eligibility

You may use the Services only if you are at least eighteen (18) years of age and able to form a legally binding contract. If you do not meet these requirements, you may not access or use the Services.

2. The services; projects

Company provides the Services, including the preparation and delivery of project-specific deliverables, as defined and priced in a written quote, estimate, or email confirmation (together, a “Quotation”) you accept, or as otherwise agreed in writing between the parties. Each such engagement is a “Project.” Company does not, as a standard practice, require a separate, formal long-form contract for signature. Project scope, fees, and deliverables are established through the Quotation and related written communications. Company may refer or coordinate with third-party engineers, surveyors, or other professionals; unless a licensed professional is expressly retained and engaged for sealed or stamped work in your jurisdiction, Company’s deliverables are not a substitute for engineering, structural design, or other work that must be performed or stamped by a licensed professional where required by law or by your building department, lender, or authority having jurisdiction.

3. Quotation tools; not an offer

Any online tools, forms, or preliminary estimates available through the Services are for planning and information only and do not obligate Company unless and until a Quotation is accepted and, where applicable, any required initial payment is received. Final scope, fees, timing, and deliverables are as set forth in the Quotation or written agreement between the parties.

4. Fees and payment

Unless otherwise set forth in a Quotation, the following payment terms apply: fifty percent (50%) of the total agreed Project fee is due and payable before Company commences work; the remaining fifty percent (50%) is due and payable upon completion of the Project, customarily before or at the time final deliverables are released, as specified by Company in the Quotation or at the time of completion. Company may accept payment by methods it designates. If any amount is not paid when due, Company may suspend or delay work or delivery of final materials, without prejudice to any other rights or remedies available at law or in equity. Any cancellation, refund, or additional revision terms applicable to a particular Project will be as stated in the Quotation, in a subsequent writing, or as communicated to you at the time the Project is scheduled, unless applicable law provides otherwise.

5. Permits; codes; no approval guarantee

Building codes, zoning requirements, easements, HOA rules, and permit standards vary by jurisdiction. Company does not represent or warrant that any plans or documents will be approved by any governmental agency, utility, title company, or lender, or that they will satisfy all requirements applicable to your site. You are solely responsible for verifying and complying with all legal and regulatory requirements for your project location.

6. Your information and your materials

You are responsible for the accuracy of all information you provide. You represent and warrant that you have the right to provide any survey, photograph, or existing plan to Company and that such materials do not infringe any third party’s rights. You must not upload or transmit malware, unlawful content, or materials you are not authorized to share. Our collection and use of personal information is described in the Privacy Policy. Where you have opted in to commercial communications, automated calls, or text messages, such communications will be consistent with the consent language presented at the point of collection and applicable law.

7. Intellectual property

You retain your ownership in site data, project information, and content you provide. Subject to full payment, Company grants you a non-exclusive, non-transferable license to use the plan deliverables for the Project and project location specified in the Quotation, for the purposes of building and permitting as applicable. Company retains all right, title, and interest in its pre-existing materials, know-how, and non-identifiable tools and templates. If a different IP arrangement applies to a Project, it will be set forth in a writing between the parties. Until full payment is received, Company may withhold final deliverables or final rights as permitted by law and the Quotation.

8. Disclaimer of warranties

EXCEPT FOR EXPRESS OBLIGATIONS IN A WRITTEN QUOTATION OR SIGNED AMENDMENT FOR A SPECIFIC PROJECT, THE SERVICES AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. COMPANY DOES NOT WARRANT THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. DATA OBTAINED FROM MAPPING, ZIP, OR OTHER THIRD-PARTY SOURCES MAY BE APPROXIMATE.

9. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. THE TOTAL LIABILITY OF COMPANY ARISING OUT OF OR RELATING TO THE SERVICES, THE SITE, OR ANY PROJECT SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO COMPANY FOR THE PROJECT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIVE HUNDRED U.S. DOLLARS (USD $500) WHERE NO FEES WERE PAID FOR THE UNDERLYING SERVICES. THE FOREGOING LIMITATIONS APPLY TO ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE JURISDICTIONS, COMPANY’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

10. Indemnification

You will indemnify, defend, and hold harmless Company and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your project site, instructions, or materials; (c) your breach of these Terms; or (d) your enforcement or use of deliverables in violation of these Terms, except to the extent finally awarded against Company based on Company’s gross negligence or willful misconduct.

11. Governing law; venue

These Terms and any dispute arising out of or related to the Services or any Project are governed by the laws of the State of Arizona, without regard to its conflict of law principles. Subject to applicable law regarding mandatory consumer or other venues, you and Company submit to the exclusive jurisdiction and venue of the state and federal courts located in Mohave County, Arizona for the resolution of all such disputes, except that Company may seek injunctive or equitable relief in any court of competent jurisdiction.

12. General

12.1 Entire agreement. These Terms, together with the Privacy Policy and a Quotation or other writing for a specific Project, constitute the entire agreement between you and Company regarding the subject matter and supersede any prior or contemporaneous understandings, except to the extent a separate signed document explicitly addresses the same subject and states that it supersedes these Terms for that subject.

12.2 Modification of Terms. Company may modify these Terms at any time by posting the revised version on the Services and updating the “Last updated” date. Your continued use of the Services after the effective date of changes constitutes your acceptance, except where a stricter process is required by law. For Projects in progress, the Terms in effect as of the date you accepted the Quotation and remitted the initial payment generally control unless the parties agree in writing to different terms.

12.3 Severability. If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force and effect.

12.4 No waiver. A failure to enforce any provision is not a waiver of Company’s right to enforce it or any other provision later.

12.5 Assignment. You may not assign or transfer these Terms or any Project without Company’s prior written consent. Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its business or assets.

12.6 Notices to you. Company may provide notices by email, posting on the Services, or other reasonable means. Notices to Company for legal purposes should be sent to the address and email below, unless a different process is specified in a Quotation.

12.7 Force majeure. Company is not liable for any delay or failure to perform due to events beyond its reasonable control, including natural disasters, war, labor disputes, failure of infrastructure or third-party services, or governmental action.

12.8 Third-party services. The Services may depend on third-party platforms, APIs, and tools. Company is not responsible for third-party acts or omissions.

13. Company information