codechek.ai

Terms of Service

Effective date: [Insert effective date]

These Terms of Service (the “Terms”) govern access to and use of the CodeChek platform, including the website at codechek.ai, the web application, the code library, calculators, AI-assisted features and any related services (together, the “Service”). The Service is provided by [CodeChek Inc.], a corporation incorporated under the laws of [British Columbia], with its registered office at [Address] (“CodeChek”, “we”, “us” or “our”).

By creating an account, clicking to accept these Terms, starting a free trial or subscription, or otherwise using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are accepting on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” refers to that organization and its users. If you do not agree to these Terms, do not use the Service.

1. Eligibility and accounts

1.1

The Service is intended for use by professionals and organizations in the building, design and construction industry. You must be at least the age of majority in your province or territory of residence and capable of entering into a binding contract.

1.2

You must provide accurate and complete registration information and keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at [support@codechek.ai] of any unauthorized use of your account.

1.3

Each subscription seat is for a single named user. Sharing credentials or allowing more than one person to use a seat is not permitted. Organization accounts may add users up to the number of seats purchased, and the organization is responsible for its users’ compliance with these Terms.

2. Subscriptions and free trial

2.1

Plans. The Service is offered on subscription plans (for example, Essentials, Professional and Enterprise) with the features, usage limits and prices described on our pricing page at the time of purchase. Enterprise plans may be subject to a separate written agreement, which prevails over these Terms in the event of a conflict.

2.2

Free trial. New subscribers may be offered a free trial of a stated duration (currently 14 days). A valid payment method is required to start a trial. At the end of the trial period, your subscription automatically converts to a paid subscription and the payment method on file is charged the then-current fee for the plan you selected, unless you cancel before the trial ends. We will send a reminder to your account email address before the first charge. Only one free trial is permitted per person or organization, and we may revoke trials that we believe are being abused.

2.3

Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annually, as selected) until cancelled. By subscribing, you authorize us and our payment processor to charge your payment method the applicable fees, plus taxes, at the start of each billing period.

2.4

Cancellation. You may cancel at any time from your account settings or by contacting [support@codechek.ai]. Cancellation takes effect at the end of the current billing period; you will retain access until then and will not be charged again. Except where required by law, fees already paid are non-refundable, and we do not provide refunds or credits for partial billing periods, unused seats or downgrades.

2.5

Plan changes. Upgrades take effect immediately and are charged on a prorated basis for the remainder of the billing period. Downgrades take effect at the start of the next billing period.

3. Fees, payment and taxes

3.1

Fees are stated in Canadian dollars unless otherwise indicated at checkout. Payments are processed by our third-party payment processor (currently Stripe). We do not store full payment card numbers. Your use of the payment processor is also subject to its terms of service and privacy policy.

3.2

Fees are exclusive of GST/HST, PST, QST and any other applicable taxes, which will be added at checkout or invoiced based on your billing address. You are responsible for providing accurate billing information, including any tax registration number you wish to appear on your invoices.

3.3

If a payment fails, we may retry the charge, and we may suspend or downgrade your access until payment is received. You remain responsible for any unpaid amounts.

3.4

We may change our fees or introduce new charges on at least 30 days’ notice by email or through the Service. Changes apply from your next billing period after the notice period. If you do not agree to a fee change, you may cancel before it takes effect.

3.5

Receipts and invoices for all charges are available in your account. Where we invoice you directly under a separate agreement, payment is due within 30 days of the invoice date unless otherwise stated.

4. Licence to use the Service

4.1

Subject to these Terms and payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes during your subscription term.

4.2

You may print or download individual sections, results or reports generated through the Service for use on your own projects, provided you keep all copyright and attribution notices intact.

4.3

Except as expressly permitted, you may not: (a) copy, reproduce, republish, distribute, sell, sublicense, rent or otherwise make the Service or its content available to third parties; (b) download, extract, scrape, crawl or harvest content in bulk, whether manually or by automated means; (c) use the Service or its content to build a competing product, or to train, fine-tune or evaluate any machine learning or artificial intelligence model; (d) reverse engineer, decompile or attempt to derive the source code, data structures or underlying components of the Service; (e) circumvent access controls, usage limits or security measures; (f) share credentials or resell access; (g) use the Service in violation of any law or to infringe the rights of others; or (h) upload malicious code or interfere with the operation of the Service.

4.4

We may monitor use of the Service to verify compliance with these Terms and to protect the Service and its content.

5. Building codes and third-party content

5.1

The building codes, standards, by-laws and related materials made available through the Service (the “Code Content”) are the property of their respective owners and publishers, including, without limitation, the National Research Council of Canada, the Province of British Columbia, the King’s Printer for Ontario, the City of Vancouver and other governments, authorities and standards organizations. Code Content is reproduced under licence or with permission. No ownership or licence rights in the Code Content are transferred to you beyond the limited right of access described in section 4.

5.2

Code Content is provided for reference and convenience only. The official published version of a code, as adopted and amended by the applicable authority having jurisdiction, governs in the event of any discrepancy, error or omission. Codes are amended, errata are issued and adoption dates vary by jurisdiction. We make no representation that the Code Content is the current, complete or in-force version applicable to any particular project.

5.3

Certain Code Content may be subject to additional terms of use imposed by its owner or publisher, which will be identified within the Service. You agree to comply with those terms.

6. Professional judgment; no professional advice

6.1

The Service is an information and productivity tool. It is not a substitute for the official codes, for the requirements of the authority having jurisdiction, or for the judgment of a qualified professional. Nothing in the Service constitutes engineering, architectural, legal, code-compliance or other professional advice, and no professional–client relationship is created between you and CodeChek, or any of its affiliates, officers, employees or contractors, by your use of the Service.

6.2

Search results, summaries, cross-references, calculator outputs and AI-generated responses may be incomplete, out of date or incorrect. Calculators depend on the inputs you provide and on assumptions that may not apply to your project. AI-assisted features generate content probabilistically and can produce plausible-sounding statements that are wrong. You are solely responsible for independently verifying all information obtained through the Service against the official code and applicable requirements before relying on it, and for any design, compliance or construction decision made in reliance on it.

6.3

Where a law, regulation or authority requires that work be performed, reviewed or sealed by a licensed professional, you are responsible for engaging such a professional. Outputs of the Service are not sealed, certified or reviewed by a licensed professional unless expressly stated in a separate written agreement.

7. Your content

7.1

You retain ownership of the information, documents, drawings, project data and other materials you upload to or enter in the Service (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free licence to host, store, process, transmit, display and otherwise use Your Content solely as necessary to provide, secure and improve the Service, and as otherwise permitted by our Privacy Policy.

7.2

You are responsible for Your Content. You represent that you have all rights and permissions needed to submit it, and that it does not infringe any third party’s rights or violate any law or confidentiality obligation.

7.3

AI-assisted features may transmit Your Content and your queries to third-party AI service providers for processing. Do not submit information that you are not permitted to disclose to third parties. We do not use Your Content to train machine learning models made available to other customers.

7.4

We may delete Your Content after your account is closed in accordance with the retention practices described in our Privacy Policy. You are responsible for exporting anything you wish to keep before cancelling.

8. Intellectual property

8.1

The Service, including its software, design, user interface, databases, search and cross-referencing logic, calculators, documentation, trademarks and logos, and all improvements to them, is owned by CodeChek or its licensors and is protected by copyright, trademark and other intellectual property laws. All rights not expressly granted to you are reserved.

8.2

“CodeChek” and the CodeChek logo are trademarks of [CodeChek Inc.]. You may not use them without our prior written consent.

8.3

If you provide suggestions, ideas or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or any obligation to you.

9. Privacy

Our collection, use and disclosure of personal information in connection with the Service is described in our Privacy Policy, available at codechek.ai/privacy, which forms part of these Terms.

10. Third-party services

The Service integrates with third-party services, including payment processing, hosting, email delivery and AI providers. We are not responsible for the availability, content or practices of third-party services, and your use of them may be subject to their own terms.

11. Availability, changes and support

11.1

We aim to keep the Service available at all times but do not guarantee uninterrupted or error-free operation. We may perform maintenance, and may modify, add or remove features or Code Content, at any time. Where a change materially reduces the core functionality of your paid plan, we will give you reasonable notice.

11.2

Features identified as beta, preview or experimental are provided for evaluation, may be changed or withdrawn without notice, and are excluded from any service commitments.

11.3

Support is provided by email at [support@codechek.ai] during our normal business hours (Pacific Time), unless your plan specifies otherwise.

12. Disclaimer of warranties

To the maximum extent permitted by law, the Service and all content are provided “as is” and “as available”, without warranties or conditions of any kind, whether express, implied or statutory, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, accuracy, completeness or non-infringement, and any warranties arising from a course of dealing or usage of trade. Without limiting the foregoing, we do not warrant that the Service will meet your requirements, that results obtained through the Service will be accurate or reliable, or that the Service will be secure, uninterrupted or free of errors. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

13. Limitation of liability

13.1

To the maximum extent permitted by law, CodeChek and its affiliates, and their respective directors, officers, employees, contractors, licensors and suppliers, will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, goodwill, data or anticipated savings, or for the cost of substitute services, arising out of or relating to these Terms or the Service, however caused and under any theory of liability, even if advised of the possibility of such damages.

13.2

To the maximum extent permitted by law, the total aggregate liability of CodeChek and the parties listed in section 13.1 for all claims arising out of or relating to these Terms or the Service will not exceed the fees paid by you to CodeChek for the Service in the twelve (12) months immediately preceding the event giving rise to the claim.

13.3

Without limiting sections 13.1 and 13.2, you acknowledge that CodeChek has no liability for any design, construction, permitting, compliance or professional decision made in reliance on information obtained through the Service, and that the fees charged for the Service reflect this allocation of risk.

13.4

The exclusions and limitations in this section apply to the extent permitted by applicable law and do not limit any liability that cannot be excluded or limited by law.

14. Indemnity

You will defend, indemnify and hold harmless CodeChek and its affiliates, and their respective directors, officers, employees and contractors, from and against all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to (a) Your Content; (b) your use of the Service in breach of these Terms or applicable law; or (c) any design, compliance or construction decision made by you or on your behalf in reliance on the Service.

15. Suspension and termination

15.1

You may terminate these Terms at any time by cancelling your subscription and closing your account.

15.2

We may suspend or terminate your access to the Service, in whole or in part, immediately and without liability if (a) you breach these Terms, including sections 4 and 5; (b) your account is used in a manner that threatens the security or integrity of the Service or its content; (c) payment is overdue; (d) we are required to do so by a licensor of Code Content or by law; or (e) we discontinue the Service, in which case we will give reasonable notice and refund any prepaid fees for the unused portion of your term.

15.3

On termination, your right to use the Service ends, and we may delete your account and Your Content in accordance with our retention practices. Sections 4.3, 5, 6, 7.2, 8, 12, 13, 14, 15.3, 17 and 18 survive termination.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before they take effect. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance of them. If you do not agree, you may cancel before the changes take effect.

17. Governing law and disputes

17.1

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2

You agree to the exclusive jurisdiction of the courts located in Vancouver, British Columbia, for the resolution of any dispute, and waive any objection based on venue or inconvenient forum. Nothing in this section prevents either party from seeking injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

17.3

Before commencing any legal proceeding, the parties agree to attempt in good faith to resolve the dispute through direct discussion for a period of at least 30 days after written notice of the dispute is given.

18. General

18.1

Entire agreement. These Terms, together with the Privacy Policy and any order form or Enterprise agreement, constitute the entire agreement between you and CodeChek regarding the Service and supersede all prior agreements and understandings.

18.2

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.

18.3

Force majeure. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control, except for payment obligations.

18.4

Severability and waiver. If any provision of these Terms is held to be unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force. A failure to enforce any provision is not a waiver of it.

18.5

Notices. We may give notice by email to the address on your account or by posting within the Service. Notices to us must be sent to [legal@codechek.ai].

18.6

Export and sanctions. You may not use the Service in violation of applicable export control or sanctions laws.

18.7

Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

19. Contact

Questions about these Terms may be directed to:

[CodeChek Inc.] [Address] Email: [legal@codechek.ai]

Contains information licensed under the Copyright © Province of British Columbia.