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Terms of Service

Effective Date:  July 1, 2026

Last Updated:  July 1, 2026

IMPORTANT — READ CAREFULLY BEFORE USING THIS SERVICE. BY ACCESSING OR USING PLANCHECKPRO.AI, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL POLICIES INCORPORATED HEREIN. IF YOU DO NOT AGREE, YOU MAY NOT ACCESS OR USE THE SERVICE.

  • Definitions.
  • 1.1. For purposes of these Terms of Service, the following terms have the meanings set forth below:
  • 1.2. “Agreement” means these Terms of Service, together with any Order Forms, the Privacy Policy, the Service Level Agreement (if applicable), and all policies incorporated by reference.
  • 1.3. “AI Features” means any artificial intelligence, machine learning, or automated analysis tools available through the Service, including the AI-powered plan review engine.
  • 1.4. “AHJ” means Authority Having Jurisdiction — any governmental or regulatory body responsible for enforcing applicable building codes.
  • 1.5. “Authorized User” means any individual You authorize to access the Service under Your account.
  • 1.6. “Client Content” means all plans, drawings, documents, specifications, and other data You upload or submit to the Service.
  • 1.7. “Output” means any AI-generated reports, comments, summaries, compliance flags, accuracy scores, or other results produced by the Service based on Client Content.
  • 1.8. “Provider” or “we” means PlanCheckPro.AI.
  • 1.9. “Service” means the PlanCheckPro.AI platform, including web portal, API, AI plan review engine, Output reports, and all related services.
  • 1.10. “Subscription” means the recurring-term license to access the Service purchased by You under an Order Form, including the initial term and any renewal terms under “Subscription Auto-Renewal.”
  • 1.11. “You” or “Client” means the individual or entity accessing the Service and, if applicable, the organization on whose behalf access is made.
 
  • Acceptance of Terms.
  • 2.1. By creating an account, clicking to accept, executing an Order Form, or otherwise accessing or using the Service, You agree to be bound by this Agreement. If You are entering into this Agreement on behalf of a company or other legal entity, You represent and warrant that You have authority to bind that entity, and references to “You” mean that entity.
  • 2.2. If You do not agree to these Terms, You must not access or use the Service.
 
  • Scope of Services.
  • 3.1. Service Description.
  • 3.1.1. PlanCheckPro.AI provides an AI-assisted plan review platform designed to help design professionals and private providers identify potential code-related issues in construction documents. The Service generates Outputs including:
  • 3.1.2. AI-generated code compliance comments and flags
  • 3.1.3. Accuracy scores and confidence and enforcement indicators
  • 3.1.4. Sheet and section references
  • 3.1.5. Exportable reports in Excel
  • 3.1.6. Access to a user portal (where applicable)
  • 3.2. Florida HB 863 Alignment.
  • 3.2.1. The Service is designed to support workflows consistent with Florida House Bill 863 (HB 863), which authorizes Florida jurisdictions to accept plans reviewed by approved private provider software. While PlanCheckPro.AI is designed to align with HB 863 provisions, You are solely responsible for ensuring all applicable statutory and regulatory requirements are satisfied and for coordinating with the relevant AHJ.
  • 3.3. Service Modifications.
  • 3.3.1. Provider reserves the right to modify, update, enhance, restrict, or discontinue features or functionality of the Service at any time. Provider will use commercially reasonable efforts to provide advance notice of material changes that adversely affect Your use of the Service. Provider shall not be liable to You or any third party for any such modifications.
  • 3.4. Support.
  • 3.4.1. Provider offers email-based support at info@plancheckpro.ai during normal business hours, Monday through Friday. Provider will use commercially reasonable efforts to respond to support requests in a timely manner but cannot guarantee resolution of all issues.
 
  • Account Registration and Security.
  • 4.1. Account Creation.
  • 4.1.1. To access the Service, You must create an account by providing accurate, complete, and current registration information. You agree to update Your information promptly to keep it accurate.
  • 4.2. Account Security.
  • 4.2.1. You are solely responsible for:
  • 4.2.2. Maintaining the confidentiality of Your account credentials
  • 4.2.3. Restricting access to Your account
  • 4.2.4. All activity that occurs under Your account, with or without Your knowledge
  • 4.2.5. Promptly notifying Provider of any unauthorized use or security breach at info@plancheckpro.ai
  • 4.2.6. Sharing of account credentials or User IDs between multiple individuals is strictly prohibited without prior written authorization from Provider.
  • 4.3. Enterprise Accounts.
  • 4.3.1. Enterprise customers must designate a Primary Contact responsible for managing account access and Authorized Users. Provider may establish separate Enterprise agreements with additional terms.
 
  • User Responsibilities and Acceptable Use.
  • 5.1. Lawful Use.
  • 5.1.1. You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including but not limited to building codes, professional licensing laws, privacy laws, and export control regulations.
  • 5.2. Prohibited Conduct.
  • 5.2.1. You agree not to, and will not permit any Authorized User or third party to:
  • 5.2.2. Reverse engineer, decompile, disassemble, or attempt to derive source code or algorithms of the Service or Software
  • 5.2.3. Modify, translate, or create derivative works of the Service or Software without Provider’s written consent
  • 5.2.4. Resell, sublicense, rent, lease, or otherwise commercially exploit the Service without Provider’s prior written authorization
  • 5.2.5. Use automated tools (bots, scrapers, crawlers) to access the Service except through Provider-authorized APIs
  • 5.2.6. Upload, transmit, or store content that is unlawful, defamatory, infringing, fraudulent, harmful, or violates third-party rights
  • 5.2.7. Attempt to probe, scan, test, or circumvent the security of the Service or any related systems
  • 5.2.8. Impersonate any person or entity or misrepresent Your affiliation
  • 5.2.9. Use the Service in a way that could damage, disable, overburden, or impair Provider’s systems
  • 5.2.10. Use the Service or Outputs as a substitute for a licensed engineer, architect, or building official review without appropriate professional oversight
  • 5.2.11. Rely solely on AI-generated Outputs for code compliance decisions without independent professional verification
  • 5.3. Professional Verification Obligation.
  • 5.3.1. You acknowledge and agree that You are solely responsible for:
  • 5.3.2. Verifying all Outputs before acting upon them
  • 5.3.3. Applying independent professional judgment in interpreting and acting upon any Output
  • 5.3.4. Ensuring compliance with all applicable codes, standards, and regulatory requirements
  • 5.3.5. Coordinating with the appropriate AHJ for final approvals
 
  • Artificial Intelligence Features and Limitations.
  • 6.1. Nature of AI Outputs.
  • 6.1.1. The Service uses AI and machine learning to generate Outputs. You acknowledge and agree that:
  • 6.1.2. Outputs are AI-generated and informational only — they do not constitute a formal code compliance review, engineering judgment, certification, stamp, or approval from any AHJ
  • 6.1.3. AI is a probabilistic technology; Outputs may contain inaccuracies, omissions, or errors
  • 6.1.4. Any advice or information received from AI Features is generated electronically and is not generated by a licensed human professional
  • 6.1.5. The Service does not substitute for the expertise of a licensed engineer, architect, or building official
  • 6.2. User Obligations Regarding AI.
  • 6.2.1. Before relying upon any Output, You must consult a qualified, licensed professional to evaluate the accuracy and applicability of such Output. You acknowledge that relying upon AI-generated Outputs without such independent verification could cause legal, financial, physical, or regulatory harm.
  • 6.3. Prohibited AI Misuse.
  • 6.3.1. You agree not to:
  • 6.3.2. Attempt to manipulate, deceive, or “jailbreak” the AI Features through deceptive prompts or instructions
  • 6.3.3. Submit fraudulent, misleading, or falsified documents to the Service
  • 6.3.4. Use Outputs as a final determination of code compliance without independent professional review
  • 6.4. AI Improvement.
  • 6.4.1. Provider continuously works to improve the accuracy, reliability, and safety of its AI Features. The AI systems may be updated, retrained, or modified over time, which may affect Output characteristics.  Client Content is used to improve results for the applicable customer’s own account only and is not used to train models shared across other customers, as further described in the Privacy Policy.  
 
  • Intellectual Property.
  • 7.1. Provider IP.
  • 7.1.1. All rights, title, and interest in and to the Service, Software, AI models, algorithms, Output formats, templates, training materials, and all related intellectual property are owned exclusively by Provider or its licensors. These Terms do not grant You any ownership rights in the Service. The Service is licensed, not sold.
  • 7.2. Client Content Ownership.
  • 7.2.1. You retain all right, title, and interest in and to Your Client Content. By uploading Client Content to the Service, You grant Provider a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and analyze Your Client Content solely to provide, operate, maintain, and improve the Service in accordance with these Terms and the Privacy Policy.
  • 7.3. Output Ownership.
  • 7.3.1. Upon full payment of applicable fees, You are granted ownership of the specific Outputs generated from Your Client Content solely for Your internal business purposes. Provider retains all rights, title, and interest in the underlying Output formats, analytical frameworks, AI models, and data processing logic used to generate Outputs. You may not commercialize Outputs or represent them as a certified or stamped plan review.
  • 7.4. Feedback.
  • 7.4.1. If You provide Provider with feedback, suggestions, or recommendations regarding the Service (“Feedback”), You grant Provider a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, and incorporate such Feedback into Provider’s products and services. Feedback does not include Your Confidential Information.
  • 7.5. Restrictions.
  • 7.5.1. Except as expressly permitted in these Terms, You may not copy, reproduce, distribute, publish, reverse engineer, decompile, disassemble, sell, rent, sublicense, or create derivative works of the Service or any part thereof.
 
  • Privacy and Data Protection.
  • 8.1. Privacy Policy.
  • 8.1.1. Provider’s collection, use, and disclosure of personal data and Client Content, including data retention periods, deletion request procedures, security safeguards, and data sharing practices, is governed exclusively by the Privacy Policy available at PlanCheckPRo.AI Privacy Policy, which is incorporated into these Terms by reference.  In the event of any conflict between this section 8 and the Privacy Policy, the Privacy Policy controls. 
  • 8.2. Sensitive Data.
  • 8.2.1. The Service is not designed to process social security numbers, government-issued identification numbers, financial account numbers, payment card information (except as explicitly provided for billing), or health information. You agree not to upload such sensitive data to the Service.
  • 8.3. Data Use.
  • 8.3.1  Data is used to Improve AI models and Service accuracy, subject to the Client Content usage limitations described in Section 6.4 and in the Privacy Policy.
 
  • Fees, Payment, and Billing.
  • 9.1. Fee Structure.
  • 9.1.1. You agree to pay fees as specified in Your Order Form immediately upon purchase OR, if invoiced, within thirty (30) days of the invoice date, or as otherwise noted on Your Order Form. All fees are stated in United States Dollars.
  • 9.1.2. Fees are only refundable if an Order is terminated as expressly permitted under the Term and Termination provisions within these terms, except as provided by applicable law, all fees are non-cancelable and non-refundable.
  • 9.2. Payment Terms.
  • 9.2.1. Unless otherwise specified in Your Order Form, payment is due the calendar day corresponding to the commencement of your Subscription (the “Billing Date”). Your designated payment method will be charged automatically on the Billing Date unless you cancel your Subscription in accordance with our Cancellation Policy.
  • 9.3. Cancellation Policy.
  • 9.3.1. You may cancel Your Subscription at any time by providing written notice to Provider at info@plancheckpro.ai. Cancellation requests are effective upon Provider’s confirmation of receipt.
  • 9.3.2. If You cancel Your initial Subscription within three (3) days of the initial Subscription start date, You will receive a full refund of fees paid for that initial term, as set forth under “Termination for Convenience.” This three (3) day right to cancel applies only to Your first purchase of a Subscription and does not apply to renewal terms or subsequent purchases.
  • 9.3.3. To prevent a Subscription from automatically renewing under “Subscription Auto-Renewal,” You must provide written cancellation notice at least thirty (30) days prior to the end of the then-current Subscription term. Cancellation notice received less than thirty (30) days before the renewal date will not prevent that renewal, and the Subscription will renew for one additional term before cancellation takes effect.
  • 9.3.4. Except as provided above or as required by applicable law, cancellation of a Subscription outside the initial three (3) day window does not entitle You to a refund of prepaid fees for the then-current term, consistent with “Fee Structure” and “Refunds.” Your Subscription and access to the Service will continue through the end of the then-current, already-paid term, after which the Subscription will terminate and will not renew.
  • 9.3.5. Nothing in this Cancellation Policy limits either party’s separate rights to terminate this Agreement for cause or for convenience as set forth under “Termination for Cause” and “Termination for Convenience.”
  • 9.3.6. Upon cancellation taking effect, “Effect of Termination” applies, including Your ability to request export of Client Content within thirty (30) days.
  • 9.3.7. Suspension of Your account for non-payment, as described under “Suspension for Non-Payment,” is separate from cancellation and does not itself cancel Your Subscription or relieve You of payment obligations for the then-current term.
  • 9.3.8. Cancellation or termination of a specific Subscription under this Cancellation Policy ends that Subscription only. Consistent with “Term,” the Agreement itself remains in effect for as long as any other Subscription or project engagement between the parties remains active and terminates only once all Subscriptions and project engagements have expired or been terminated.
  • 9.4. Subscription Auto-Renewal.
  • 9.4.1. Subscription plans automatically renew for successive terms of the same duration at the then-current rate unless You provide written cancellation notice at least thirty (30) days prior to the end of the then-current term.
  • 9.5. Fee Increases.
  • 9.5.1. Provider may adjust fees for renewal terms with at least thirty (30) days’ prior written notice. Continued use of the Service after a fee change takes effect constitutes acceptance of the new fees.
  • 9.6. Taxes.
  • 9.6.1. All fees are exclusive of applicable taxes, including state, local, sales, use, value-added, excise, or similar governmental assessments. You are responsible for all such taxes.
  • 9.6.2. Provider reserves the right to assess, collect, and remit applicable taxes based on governing state and local tax laws as required by applicable legal authorities. If Provider becomes obligated to collect taxes on Your account, such amounts will be billed to You unless You provide a valid tax exemption certificate prior to the charge.
  • 9.7. Refunds.
  • 9.7.1. All fees are non-refundable except as expressly required by applicable law or as provided in these Terms. If Provider terminates this Agreement for reasons other than Your breach, Provider will provide a pro-rated refund of prepaid, unused fees.
  • 9.8. Suspension for Non-Payment.
  • 9.8.1. If your subscription fee cannot be successfully charged to your designated payment method on the Billing Date, your account will be considered overdue and Provider reserves the right to immediately suspend your access without liability. Suspension of services does not relieve you of your obligation to pay all accrued fees. Access will only be restored once all outstanding balances are paid in full. If an account remains unpaid for fourteen (14) consecutive calendar days, we reserve the right to permanently terminate your account and delete all associated data processing history.
 
  • Confidentiality.
  • 10.1. Definition.
  • 10.1.1. “Confidential Information” means all non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure, including Client Content, business terms, pricing, and technical information. Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was rightfully known to the recipient prior to disclosure; (c) is lawfully received from a third party without restriction; or (d) was independently developed without use of the disclosing party’s Confidential Information.
  • 10.2. Obligations.
  • 10.2.1. Each party agrees to: (a) hold the other’s Confidential Information in strict confidence using at least the same degree of care it uses for its own similar information (no less than reasonable care); (b) use Confidential Information only as permitted under these Terms; and (c) disclose Confidential Information only to personnel with a legitimate need to know who are bound by equivalent confidentiality obligations.
  • 10.3. Compelled Disclosure.
  • 10.3.1. If required by law, regulation, or court order to disclose Confidential Information, the receiving party will provide prompt written notice (where permitted by law) to allow the disclosing party to seek a protective order and will disclose only the minimum required information.
 
  • Disclaimer of Warranties.
  • 11.1. General Disclaimer
  • 11.1.1. THE SERVICE, SOFTWARE, AI FEATURES, AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
  • 11.1.2. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
  • 11.1.3. WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS
  • 11.1.4. WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF ANY AI-GENERATED OUTPUT FOR ANY PARTICULAR PURPOSE
  • 11.1.5. WARRANTIES THAT OUTPUTS WILL SATISFY THE REQUIREMENTS OF ANY AHJ OR COMPLY WITH ANY SPECIFIC BUILDING CODE VERSION
  • 11.1.6. YOU ARE SOLELY RESPONSIBLE FOR SELECTING THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS AND FOR VERIFYING AND ACTING UPON ANY OUTPUTS.
 
  • Limitation of Liability.
  • 12.1. Exclusion of Consequential Damages.
  • 12.1.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY:
  • 12.1.2. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
  • 12.1.3. LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES
  • 12.1.4. BUSINESS INTERRUPTION OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES
  • 12.1.5. PERSONAL INJURY OR PROPERTY DAMAGE
  • 12.1.6. DAMAGES ARISING FROM RELIANCE ON AI-GENERATED OUTPUTS
  • 12.1.7. EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).
  • 12.2. Aggregate Cap.
  • 12.2.1. PROVIDER’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, AI FEATURES, OR OUTPUTS SHALL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY YOU TO PROVIDER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND DOLLARS ($1,000).
  • 12.3. Essential Basis.
  • 12.3.1. YOU ACKNOWLEDGE THAT THESE LIMITATIONS REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PROVIDER. PROVIDER WOULD NOT PROVIDE THE SERVICE ON THESE TERMS WITHOUT SUCH LIMITATIONS.
  • 12.4. Exceptions.
  • 12.4.1. Nothing in these Terms limits or excludes liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud by Provider.
 
  • Indemnification.
  • 13.1. By You.
  • 13.1.1. To the fullest extent permitted by applicable law, You agree to defend, indemnify, and hold harmless Provider and its officers, directors, employees, affiliates, agents, and licensors from and against any third-party claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
  • 13.1.2. Your breach of these Terms or violation of applicable law
  • 13.1.3. Your or Your Authorized Users’ use of the Service in a manner not authorized by these Terms
  • 13.1.4. Your Client Content, including any allegation that it infringes or misappropriates any third-party right
  • 13.1.5. Your reliance on Outputs without appropriate independent professional verification
  • 13.2. By Provider.
  • 13.2.1. Provider agrees to defend, indemnify, and hold You harmless against third-party claims alleging that the Service, as provided by Provider and used by You in accordance with these Terms, directly infringes a third party’s patent, copyright, or trademark, subject to the following exclusions:
  • 13.2.2. Claims arising from Your modification of the Service
  • 13.2.3. Claims arising from use of the Service in combination with other products not approved by Provider
  • 13.2.4. Claims arising from Your Client Content or Outputs
  • 13.2.5. Claims arising from Your violation of these Terms
  • 13.3. Procedure.
  • 13.3.1. The indemnifying party’s obligations are conditioned upon: (a) the indemnified party providing prompt written notice of the claim; (b) granting the indemnifying party sole control of the defense and settlement; and (c) providing reasonable cooperation at the indemnifying party’s expense.
 
  • Term and Termination.
  • 14.1. Term.
  • 14.1.1. This Agreement takes effect on the date You first accept it (the “Effective Date”) and continues until all subscriptions, or project engagements expire or are terminated as provided herein.
  • 14.2. Termination for Cause.
  • 14.2.1. Either party may terminate this Agreement upon thirty (30) days’ written notice if the other party materially breaches this Agreement and fails to cure such breach within the notice period. Either party may terminate immediately upon written notice if the other party becomes subject to bankruptcy, insolvency, or receivership proceedings. Refunds will not be provided for unused subscription fees.
  • 14.3. Termination for Convenience.
  • 14.3.1. You may terminate a Subscription within three (3) days of the initial subscription start date and receive a refund if termination occurs during that three (3) day period. This applies only to the initial purchase and not to subsequent auto-renewals. Either party may terminate this Agreement for convenience upon thirty (30) days’ prior written notice. Termination for convenience by Provider entitles You to a pro-rated refund of prepaid unused subscription fees.
  • 14.4. Effect of Termination.
  • 14.4.1. Upon termination: (a) all licenses and access rights granted hereunder cease; (b) You must discontinue use of the Service and delete or destroy all copies of Software; and (c) You may request export of Your Client Content within thirty (30) days of the termination date. After such period, Provider has no obligation to retain Client Content.
  • 14.5. Survival.
  • 14.5.1. The following provisions survive termination: Sections 1, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, and 17.
 
  • Updates to Terms.
  • 15.1.1. Provider reserves the right to modify these Terms at any time. For material changes, Provider will provide at least thirty (30) days’ prior written notice via email to the address associated with Your account. “Material changes” means modifications that would reasonably be expected to have a significant adverse effect on Your rights or obligations.
  • 15.1.2. If You do not agree to updated Terms, You must notify Provider in writing before the effective date of the change and discontinue use of the Service. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
 
  • Governing Law and Dispute Resolution.
  • 16.1. Governing Law.
  • 16.1.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
  • 16.2. Good Faith Negotiation.
  • 16.2.1. Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute arising out of or relating to this Agreement through confidential negotiations for a period of thirty (30) days from written notice of a dispute.
  • 16.3. Arbitration.
  • 16.3.1. If a dispute is not resolved through negotiation, it shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in English, in Palm Beach County, Florida, and all proceedings shall remain confidential. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
  • 16.4. Exceptions.
  • 16.4.1. Either party may seek emergency injunctive or equitable relief in any court of competent jurisdiction to prevent irreparable harm without first engaging in good faith negotiations or arbitration. Provider may seek equitable relief to protect its intellectual property rights.
  • 16.5. Class Action Waiver.
  • 16.5.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN CLASS ACTION LITIGATION OR CLASS-WIDE ARBITRATION AGAINST THE OTHER PARTY.
  • 16.6. Attorneys’ Fees.
  • 16.6.1. The prevailing party in any arbitration or litigation arising from this Agreement shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
 
  • General Provisions.
  • 17.1. Entire Agreement.
  • 17.1.1. This Agreement, together with any Order Forms, Privacy Policy, and all incorporated policies, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, understandings, and communications.
  • 17.2 Severability.
  • 17.2.1 If any provision of this Agreement is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force.
  • 17.3. Waiver.
  • 17.3.1. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Any waiver must be in writing and signed by the waiving party.
  • 17.4. Assignment.
  • 17.4.1. You may not assign or transfer this Agreement or any rights hereunder without Provider’s prior written consent, except in connection with a merger, acquisition, or sale of substantially all of Your assets, provided the assignee agrees in writing to be bound by these Terms and all past due amounts are paid. Provider may assign this Agreement freely. Any purported assignment in violation of this section is void.
  • 17.5. Force Majeure.
  • 17.5.1. Neither party shall be liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, government action, labor disputes, or internet or infrastructure outages, provided the affected party promptly notifies the other and uses commercially reasonable efforts to resume performance.
  • 17.6. Independent Contractors.
  • 17.6.1. The parties are independent contractors. Nothing in this Agreement creates an agency, partnership, joint venture, or employment relationship between the parties.
  • 17.7. Notices.
  • 17.7.1. All notices required under this Agreement shall be in writing and delivered to Provider at info@plancheckpro.ai and PlanCheckPro.AI, 601 N Congress Avenue, Suite 303, Delray Beach, FL 33445, and to You at the email or address associated with Your account. Notices are effective upon confirmation of receipt.
  • 17.8. Publicity.
  • 17.8.1. Unless You notify Provider in writing to the contrary, Provider may identify You as a client on its website and in marketing materials, using Your name and logo in accordance with Your brand guidelines. Any other public use of Your marks requires Your prior written approval.
  • 17.9. Export Compliance.
  • 17.9.1. You agree not to export, re-export, or use the Service in violation of applicable U.S. export control laws or in any U.S.-embargoed country or territory, or to persons on any U.S. government restricted party list.
  • 17.10. DMCA / Copyright Complaints.
  • 17.10.1. If You believe that material available through the Service infringes Your copyright, please send a written notice to info@plancheckpro.ai with: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) Your contact information; (d) a statement of good-faith belief that use is unauthorized; and (e) a statement under penalty of perjury that the information in the notice is accurate.
  • 17.11. Amendment.
  • 17.11.1. Except as provided in Section 15, no amendment to this Agreement shall be effective unless in writing and signed by authorized representatives of both parties.
  • 17.12. English Language.
  • 17.12.1. This Agreement is written in English, which controls in the event of any conflict with any translation.
 
  • Acceptance.
  • 18.1. By accessing or using PlanCheckPro.AI, you acknowledge that you have read and agree to these Terms of Service.