Terms and conditions
SQ-FEET LLC and any of its affiliates (“SQ-FEET”, “we” or “our”) provide, a commercial website and a software service platform under the domain sq-feet.com. In the following terms of service policy (“Terms” or “Terms & Conditions”), we will refer to any or all of this as the “Service”.
Access to and use of the service
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to anyone who access or use the Service, without exceptions.
By accessing or using the Service on behalf of an organization, like a company, you are also agreeing to these Terms on behalf of that organization and saying that you are authorized to do that.
You may use the Service only if you can form an Agreement with SQ-FEET, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. The Service may change from time to time as we evolve, refine or add more features to the Service, often without prior notice to you. In addition, SQ-FEET may temporarily or permanently stop providing the Service, or any features within the Service, to you or to users generally and may not be able to provide you with prior notice.
Your content
You retain ownership of any information, data or material you upload to or create within the Service is your “Content”.
You agree not to post Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libellous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any Content that you post does not and will not violate rights of any kind, including without limitation any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
We reserve the right at all times, but are not obligated, to remove or refuse to distribute any Content on the Service including your Content. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of SQ-FEET , its users and the public.
Account
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You must provide us accurate information when you create your SQ-FEET account, even for trial accounts. Your SQ-FEET account gives you access to the Services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of users or organizations. If you connect to SQ-FEET with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service (e.g., Bar bending Schedule Add-ons, Tally Integration). You may never use another user’s account without permission.
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You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with SQ-FEET or a third-party service. We encourage you to use “strong” passwords that use a combination of upper and lower case letters, numbers and symbols with your account. You agree not to disclose your password to any third party. SQ-FEET cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify SQ-FEET immediately upon becoming aware of any breach of security or unauthorized use of your account.
Use of content
All content in or on the Service, whether publicly posted or privately transmitted by users, is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. We may not monitor or control the Content posted via the Service and, we cannot take responsibility for such Content. If you use or rely on any Content or materials posted via the Service or obtained by you through the Service, it is at your own risk. Under no circumstances will SQ-FEET be liable in any way for any Content, or any loss or damage of any kind incurred as a result of the use of any Content in the Service.
You agree that you are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that if you do not have the right to submit Content to the Service, doing so may subject you to liability. SQ-FEET will not be responsible or liable for any use of your Content by SQ-FEET in accordance with these Terms & Conditions. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit including all necessary rights to upload your Content for use in accordance with these terms and conditions.
Acceptable use of SQ-FT
SQ-FEET is trusted by its users, and we trust you to use our Service responsibly. You agree not to misuse the Service. For example, you must not, and must not attempt to do the following things:
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Use the Service for any unlawful purposes or for promotion of illegal activities;
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Post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
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Impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
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Publish or post other people’s private or personally identifiable information, such as credit card numbers, street address or Social Security/National Identity numbers, without their express authorization and permission;
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Send unsolicited communications, promotions or advertisements, or spam;
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Publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
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Access, tamper with, or use non-public areas of the Service, SQ-FEET ’s computer systems, or the technical delivery systems of SQ-FEET ’s providers;
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Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
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Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
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Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
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Interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service. International users agree to comply with all local laws regarding online conduct and acceptable content;
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Treat SQ-FEET’s team disrespectfully.
We may investigate and/or suspend your account if you violate any of the above rules. Furthermore, we reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms, or abuse the use of our Service.
Privacy
We care about the privacy of our users. We will not collect, use and share personally identifiable information and non-personally identifiable information as described in our Privacy Policy. You are agree that by using the Service.
Copyright
SQ-FEET owns all right, title, and interest in and to the Service, including all modifications, improvements, upgrades, derivative works, and feedback related thereto and all intellectual property rights therein. The Service is protected by copyright, trademark, and other laws of both the India and foreign countries. Nothing in the Terms gives you a right to use the SQ-FEET name or any of the SQ-FEET trademarks, logos, domain names, and other distinctive brand features. Except for the express rights granted herein, SQ-FEET does not grant any other licenses, whether express or implied, to any SQ-FEET software, technology, or intellectual property. Any feedback, comments, or suggestions you may provide regarding SQ-FEET , or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
License
Subject to these Terms, SQ-FEET gives you a personal, worldwide, non-assignable, non-sub-licensable and non-exclusive license to use the Service. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason or for no reason. Fees and costs related to this license will be described in SQ-FEET’s Price List and these Terms.
Account cancellation
Subject to these Terms, you can cancel your account at any time. As stated in the section Fees and Payments below, all fees are non-refundable, irrespective of actual usage.
Fees and payments
You have to pay SQ-FEET for your use of the Service in accordance with your subscription plan set forth on our Pricing and Usage Table, as may be updated from time to time. All fees are exclusive of applicable sales, excise, use or similar taxes.
You (1) authorize us to charge your credit card or other payment method in accordance with these terms, (2) represent that you have the rights to authorize such charges and payments, and (3) will be responsible for payment in the event that the payment method is declined, expired or discontinued.
All monthly fees are non-refundable, and are due and payable in respective currency via the mechanisms made available within the Service. Unless otherwise agreed, fees are due in advance for the applicable period.
If payment is not made on the respective due date, we may charge you a late fee on the unpaid balance at the lesser of one and one-half percent (1.5%) per month or the maximum lawful rate permitted by applicable law, rounded to the next highest whole month and compounded monthly.
If you do not pay amounts when due, we may also (at our discretion and in addition to other remedies we may have) hold or suspend your access to the Service.
Third party links
The Service may have links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any of these third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of those sites. You expressly relieve SQ-FEET from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content is only between you and such third parties. You agree that we are not responsible for any loss or damage of any sort in your dealings with such advertisers.
Third party integrations
The Service may share your Content with third-party services such as Tally or other Add-Ons. SQ-FEET will seek your consent to do so but will not be responsible for how such third parties manage your Content or how your Content modifies third-party services´ data. Furthermore, SQ-FEET will not be responsible for keeping third-party services´ data up-to-date or consistent with your Content.
Indemnification
You agree to defend, indemnify and hold harmless SQ-FEET and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service, including any data or Content transmitted or received by you, any other party’s access or use of the Service with your username and password, or your violation of these Terms, applicable law, rule or regulation.
Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or Terms page, so please check those pages regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Warranty
Use of the service is at your own risk. to the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. without limiting the foregoing, sq-feet and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. any content downloaded or otherwise obtained through the use of the service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service. we do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the our service or any hyperlinked website or service, and we will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
Limitation of liability
to the maximum extent permitted by applicable law, in no event shall sq-feet , its affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service. under no circumstances will sq-feet be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.
to the maximum extent permitted by applicable law, sq-feet assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. in no event shall sq-feet its agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to sq-feet.
this limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if sq-feet has been advised of the possibility of such damage. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. these terms give you specific legal rights, and you may also have other rights which vary from state to state. the disclaimers, exclusions, and limitations of liability under these terms will not apply to the extent prohibited by applicable law.
The Service is controlled and operated from its facilities in Gujarat, India. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by India, or are a foreign person or entity blocked or denied by Indian government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in India.
Transfer of rights
These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.
Applicable law and jurisdiction
This Agreement shall all be governed and construed in accordance with the laws of India, applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between sq-feet.com and you for any purpose concerning this Agreement or the parties' obligations here under shall be brought exclusively in a federal or state court of competent jurisdiction sitting in India. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Sq-feet.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. sq-feet.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved. Entire agreement
These Terms, together with any amendments and any additional agreements you may enter into with SQ-FEET in connection with the Service, will constitute the entire agreement between you and SQ-FEET concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver
No waiver of any sections of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SQ-FEET’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Notifications
We may provide notifications, whether these are required by law of are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by us in our sole discretion. You can opt out of certain types of notifications through your settings page.
If you have any questions about these Terms, please contact us at [email protected].