Terms of Service

1. INTRODUCTION

These Terms of Service (“Terms”) govern your access to and use of Microstruct LLC’s (“Microstruct,” “we,” “us,” or “our”) software, services, and website (collectively, the “Services”). Microstruct is a corporation registered in Austin, TX, USA, providing structural engineering software solutions.

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services.

2. DEFINITIONS

“User,” “you,” or “your” refers to individuals, entities, or organizations that access or use our Services.
“Content” refers to all information, data, text, software, graphics, or other materials uploaded, downloaded, or appearing on the Services.
“Intellectual Property” includes but is not limited to patents, trademarks, copyrights, trade secrets, and proprietary information related to the Services.

3. LICENSE AND SERVICE ACCESS

3.1. License Grant

Subject to these Terms, Microstruct grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Services for your internal business purposes in accordance with Canadian law and applicable engineering standards.

3.2. Restrictions

You shall not:

Modify, decode, decompile, disassemble, or reverse engineer the Services.
Use the Services for any illegal purpose or in violation of any local, provincial, or federal laws.
Share, resell, or redistribute the Services without our explicit written permission.
Use the Services to create competitive products or services.
Remove or alter any proprietary notices or marks on the Services.

4. USER RESPONSIBILITIES

4.1. Professional Obligations

You acknowledge that:

The Services are tools to assist in structural engineering design and analysis.
You are responsible for validating all outputs and ensuring compliance with applicable building codes and standards.
Professional engineering judgment must be exercised when using the Services.
The Services do not replace professional engineering knowledge and expertise.

4.2. Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials.
All activities that occur under your account.
Notifying us immediately of any unauthorized use of your account.
Ensuring that your account information is accurate and up-to-date.

5. INTELLECTUAL PROPERTY RIGHTS

5.1. Ownership

Microstruct retains all right, title, and interest in and to the Services, including all related intellectual property rights. No rights are granted to you other than as expressly set forth herein.

5.2. User Content

You retain all rights to any content you upload to the Services. You grant Microstruct a worldwide, non-exclusive license to use, store, and process this content solely for providing and improving the Services.

6. PRIVACY AND DATA PROTECTION

6.1. Data Collection and Use

We collect and process personal information in accordance with our Privacy Policy and applicable Canadian privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA).

6.2. Data Security

We implement reasonable security measures to protect your data but cannot guarantee absolute security. You are responsible for maintaining the security of any data you upload to the Services.

7. WARRANTY AND DISCLAIMER

7.1. Limited Warranty

We warrant that the Services will perform substantially in accordance with our documentation under normal use. This warranty does not apply if the Services are used in a manner inconsistent with our documentation or these Terms.

7.2. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
Our total liability arising out of or relating to these Terms shall not exceed the amount you paid for the Services in the twelve months preceding the claim.
We are not liable for any loss arising from your reliance on the Services for structural engineering decisions.

9. TERMINATION

9.1. Termination Rights

We may terminate or suspend your access to the Services immediately upon notice for any breach of these Terms. You may terminate these Terms by discontinuing use of the Services and providing written notice.

9.2 Effect of Termination

Upon termination:
Your license to use the Services will immediately terminate.
You must cease all use of the Services.
You remain liable for all fees incurred before termination.
Sections on intellectual property, liability, and dispute resolution survive termination.

10. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Austin, TX, USA, without regard to its conflict of law provisions. Any disputes shall be resolved exclusively in the courts of Austin, TX, USA.

11. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of material changes through the Services or by other reasonable means. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

12. CONTACT INFORMATION

For questions regarding these Terms, please contact: legal@microstruct.com

13. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.