Terms of Service

Policies that apply to your account and use of this site.

When we say “Meghsoft”, “we”, “our”, or “us” in this document, we are referring to Meghsoft.

When we say “Services”, we mean any product created and maintained by Meghsoft. That includes ToolWorks, and Construction Calculator, whether delivered within a web browser, mobile application, or another format.

We may update these Terms of Service in the future, and latest terms can be found at https://www.meghsoft.com/terms.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision.

You are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use the Meghsoft Service. In these Terms of Service, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms of Service, we reserve the right to cancel your account or block access to your account without notice.

Account Terms

Eligibility You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Password You are responsible for maintaining the security of your account and password. The Meghsoft cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Content You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.

Restrictions You may not use the Meghsoft Service for any illegal or unauthorized purpose. You must not, in the use of the Meghsoft Service, violate any laws in your jurisdiction, including, among other things, by:

  • distributing any virus, time bomb, trap door, or other harmful or disruptive computer code, mechanism or program;
  • covering or obscuring any notice, legend, warning or banner contained on the Meghsoft Service;
  • interfering with or circumventing any security feature of the Meghsoft Service or any feature that restricts or enforces limitations on use of or access to the Meghsoft Service;
  • infringing or violating the rights of any other party, including without limitation any intellectual property rights, including copyright laws, or rights of privacy or publicity
  • being obscene, offensive, pornographic, fraudulent, deceptive, defamatory, threatening, harassing, abusive, slanderous, hateful, or causing embarrassment to any other person as determined by Meghsoft in its sole discretion; or
  • deliberately misleading anyone as to your identity, impersonating another, or falsely identifying the source of any information.

Payment, and Refunds

A valid credit card is required for paying accounts. When you sign up for a paid account, and you don't cancel that account within the trial number of days, you will be billed monthly starting on the concluding day of the trial date. You will be billed for your first month or year upon completion of the trial period.

Paid services are billed in advance in accordance with our pricing schedule. There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties. You agree to pay for any taxes that might be applicable to your use of the Meghsoft Service or payments made by you in connection with your use of the Meghsoft Service.

For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle. Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Meghsoft does not accept any liability for such loss.

Cancellation and Termination

You are solely responsible for properly canceling your account. As a security precaution, an email or phone request to cancel or make changes to your account will not result in cancellation.You can cancel your account at any time from the “Account” page. The Account Owners are the only Users with access to this page. If you need help cancelling your account, you can always contact our Support team. All of your content will be inaccessible from the Services immediately upon cancellation.

If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not prorate unused time in the last billing cycle. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of Meghsoft employee or officer will result in immediate account termination.

Modifications to the Service and Prices

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Meghsoft Service (or any part thereof) with or without notice. However, we will make our very best efforts to notify customers of any upcoming system maintenance and/or service disruptions.

Prices of all Meghsoft Service plans are subject to change. If Meghsoft does for any reason have to remove the plan you are on or require an upgrade to a current plan, we will provide you with at least six (6) months notice via email.

We will not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Meghsoft Service.

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of these Terms of Service at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance, you must immediately stop using the Meghsoft Service. Your continued use of the Meghsoft Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes. Any new features that augment or enhance the current Meghsoft Service, including the release of new tools and resources, will be subject to these Terms of Service.

Uptime, and Privacy

Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services, but do take uptime of our applications seriously.

We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.

Account Access

In some cases, it is necessary for Meghsoft employees to access your account and content in order to diagnose a problem. When you contact our support team, it is implied that you are allowing Meghsoft employees to access your account if necessary, in order to be helpful. If you wish to receive assistance without granting permission to your account, please specify as much in your communication with our support team and those requests will be honored to the extent possible.

Copyright and Content Ownership

You and your End Users may choose to provide, post, input, submit, or otherwise make accessible to our services, data or information about you, your employees, customers, or any third party (“Data“), and ToolWorks may store such Data on your behalf, all in connection with your use of the Service. You hereby provide us a limited non-exclusive, non-transferable license to use, upload, and store Data solely in connection with providing the Service. Included among that User Content is your name and logo, which you hereby authorize us to display on our websites and customer list and use in our marketing materials.

If you provide, post, input, submit, or otherwise make accessible to ToolWorks, data or information about an EU Citizen (i.e. Data Subject under GDPR) you expressly declare that you have garnered the necessary consent from the Data Subject before entering the information or Data into ToolWorks. You are solely responsible for garnering such consent and keeping a record thereof.

You represent and warrant that (i) you own all Data or have all rights that are necessary to grant us the licensed rights in Data under these Terms; (ii) your collection of Data has and will be in compliance with all applicable laws and regulations, including without limitation those concerning data or information privacy; and (ii) neither the Data, nor the inclusion of Data in or use of Data in connection with the Service, will infringe, misappropriate or violate any Intellectual Property Rights, or violate the privacy rights, of any third party, or result in the violation of any applicable law or regulation, including without limitation those concerning data or information privacy. As between you and our services, you retain exclusive ownership of the Data. You acknowledge and agree that you remain solely responsible and liable for the Data. You may download your Data at any time during the Term, or as otherwise set forth herein, provided you comply with these Terms and Meghsoft security requirements.

The names, look, and feel of the Services are copyright© to the Meghsoft. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Meghsoft. You must request permission to use the Meghsoft's logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Meghsoft.

You must not modify another website so as to falsely imply that it is associated with the Services or the Meghsoft.

Personal Data

For information regarding Meghsoft's treatment of personally identifiable information, please review Meghsoft’s current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy.

Communications from Meghsoft

The Service may include certain communications from Meghsoft, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Disclaimer

The Meghsoft Service and its contents are provided “as is” and “as available” without any warranty or representations of any kind, whether express or implied. Meghsoft specifically disclaims all warranties and representations in any content transmitted on or in connection with the Meghsoft Service or on sites that may appear as links on the Meghsoft Service, or in the products provided as a part of, or otherwise in connection with, the Meghsoft Service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by Meghsoft or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, Meghsoft does not warrant that the Meghsoft Service will be uninterrupted, uncorrupted, timely, or error-free.

Indemnification

You agree to indemnify and hold Meghsoft, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, charge, liability, damages, expenses or loss, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Meghsoft Service, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

Liability

You expressly understand and agree that the Meghsoft shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Meghsoft has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

General Conditions

Technical support is only available via email. You understand that Meghsoft uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Meghsoft, or any other Meghsoft service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Meghsoft.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) submissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature. If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Meghsoft) of other customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. Meghsoft may use your Company Names and Logos in case studies, promotional materials, or other write-ups, unless you request otherwise. You expressly understand and agree that Meghsoft shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Meghsoft has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service. The failure of Meghsfot to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service and the Privacy Policy shall constitute the entire agreement between you and Meghsoft and govern your use of the Service superseding any prior agreements between you and Meghsoft (including, but not limited to, any prior versions of the Terms of Service and Privacy Policy).

If you have a question about any of the Terms of Service, please contact our Support team.

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