Terms of Service

1. Agreement to Terms

By accessing or using the Building Condition Assessment System (the "Service") provided by Maben Consulting ("we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all users of the Service, including administrators, project managers, editors, and viewers.

2. Description of Service

The Service is a cloud-based software platform designed for building condition assessment professionals. The Service provides tools for:

• Creating and managing building assessment projects
• Documenting property conditions using UNIFORMAT II standards
• Capturing photos, documents, and voice recordings
• Generating assessment reports and cost estimates
• Collaborating with team members on projects
• Offline data collection with automatic synchronization

3. User Accounts and Registration

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Access Approval

New user registrations require approval from our administrative team. We reserve the right to approve or reject any registration request at our sole discretion.

3.3 Account Security

You must immediately notify us of any unauthorized use of your account or any other breach of security. We recommend enabling multi-factor authentication (MFA) for enhanced account security.

3.4 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

4. Subscription and Payment

4.1 Subscription Plans

The Service is offered on a subscription basis. Pricing, features, and subscription tiers are available on our website and may be updated from time to time.

4.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

4.3 Free Trials

We may offer free trial periods for new users. At the end of the trial period, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

4.4 Cancellation

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until the end of the paid period.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Use automated systems (bots, scrapers) without our written permission
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization
• Upload content that infringes intellectual property rights
• Harass, abuse, or harm other users

6. User Content and Data

6.1 Ownership

You retain all ownership rights to the content and data you upload to the Service ("User Content"). This includes assessment data, photos, documents, and reports.

6.2 License to Us

By uploading User Content, you grant us a limited, non-exclusive, royalty-free license to store, process, and display your content solely for the purpose of providing the Service to you.

6.3 Data Accuracy

You are responsible for the accuracy, quality, and legality of your User Content. We do not verify or validate the technical accuracy of assessment data entered into the Service.

6.4 Data Backup

While we maintain regular backups, you are responsible for maintaining your own backup copies of critical data. We are not liable for data loss except as required by law.

7. Intellectual Property Rights

7.1 Our Rights

The Service, including its software, design, features, and documentation, is owned by Maben Consulting and protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes, subject to these Terms.

7.3 Trademarks

"Maben Consulting" and related logos are trademarks of Maben Consulting. You may not use our trademarks without our prior written permission.

8. Data Privacy and Security

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

9. Service Availability and Modifications

9.1 Uptime

We strive to maintain 99.9% uptime, but we do not guarantee uninterrupted access to the Service. Scheduled maintenance will be announced in advance when possible.

9.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time. We will provide reasonable notice for material changes that negatively impact functionality.

9.3 Updates

We regularly release updates, new features, and bug fixes. Some updates may be applied automatically without notice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED
• WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED
• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR DATA LOSS, BUSINESS INTERRUPTION, OR LOST PROFITS

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Maben Consulting and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from: (a) your use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any third-party rights.

12. Professional Use Disclaimer

The Service is a tool to assist building assessment professionals. It does not replace professional judgment, expertise, or compliance with applicable building codes and standards. You are solely responsible for the accuracy and completeness of your assessments and reports. We do not provide professional engineering, architectural, or consulting services.

13. Third-Party Services

The Service may integrate with third-party services (e.g., Google Maps, cloud storage, AI services). Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for third-party services or their availability.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the Province of Ontario, Canada, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the ADR Institute of Canada, except where prohibited by law.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Maben Consulting regarding the Service and supersede all prior agreements and understandings.

18. Contact Information

If you have questions about these Terms, please contact us: