Terms of Service

1. Introduction

Welcome to UltraPlans ("we," "our," or "us"). These Terms of Service ("Terms") govern your use of our website and services, including automated building plan generation, compliance checking, and related architectural services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

2. Definitions

• "Service" refers to UltraPlans's building plan generation, compliance checking, and related services.
• "User" or "You" refers to any individual or entity using our Services.
• "Plans" refers to building plans, architectural drawings, and related documentation generated or processed through our Services.
• "Content" refers to any information, data, or materials submitted by you or generated by our Services.

3. Service Description

UltraPlans provides automated building plan generation and compliance checking services. Our Services include:

• Automated generation of building plans based on user-provided information
• Compliance checking against SANS building regulations
• Municipal regulation compliance checking
• Zoning and land use compliance verification
• Architect review and signature services (where applicable)

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice.

4. User Obligations

By using our Services, you agree to:

• Provide accurate, complete, and truthful information about your project
• Ensure you have the legal right to request plans for the property in question
• Comply with all applicable laws and regulations
• Not use our Services for any illegal or unauthorized purpose
• Not attempt to reverse engineer, decompile, or extract source code from our Services
• Not share your account credentials with third parties
• Notify us immediately of any unauthorized use of your account

5. Payment Terms

5.1 Pricing: All prices are displayed in South African Rand (ZAR) and are subject to change without notice. Prices are per project unless otherwise stated.

5.2 Payment: Payment is required before plan generation begins. We accept payment via the methods specified on our website. All payments are processed securely through third-party payment processors.

5.3 Refunds: Refund requests will be considered on a case-by-case basis. Generally:

• No refunds will be provided once plan generation has commenced
• Refunds may be considered if plans are rejected due to our error or non-compliance with our stated service levels
• Refunds are not available for plans rejected by municipalities due to user-provided incorrect information

6. Intellectual Property

6.1 Our Content: All content, software, and materials provided through our Services, including but not limited to our website design, algorithms, and generated plans, are owned by UltraPlans or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content: You retain ownership of any information or materials you submit to us. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and process your content solely for the purpose of providing our Services.

6.3 Generated Plans: Upon full payment, you receive a license to use the generated plans for the specific project for which they were created. Plans may not be resold, redistributed, or used for other projects without our written consent.

7. Limitation of Liability

7.1 Service Limitations: Our Services are provided "as is" and "as available." While we strive for accuracy and compliance, we cannot guarantee that:

• Plans will be approved by all municipalities
• All regulations will be captured perfectly
• Services will be uninterrupted or error-free

7.2 Limitation: To the maximum extent permitted by law, UltraPlans shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising from your use of our Services.

7.3 Maximum Liability: Our total liability for any claim arising from our Services shall not exceed the amount paid by you for the specific service giving rise to the claim.

8. Disclaimers

8.1 Professional Advice: Our Services are tools to assist with building plan generation and compliance checking. They do not constitute professional architectural, engineering, or legal advice. For complex projects, we recommend consulting with qualified professionals.

8.2 Municipal Approval: While we ensure plans comply with SANS regulations and municipal requirements, final approval is at the discretion of the relevant municipality. We cannot guarantee approval.

8.3 No Warranty: We disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Indemnification

You agree to indemnify, defend, and hold harmless UltraPlans, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of our Services, violation of these Terms, or infringement of any rights of another party.

10. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes by posting the updated Terms on our website with a new "Last updated" date. Your continued use of our Services after such modifications constitutes acceptance of the updated Terms.

11. Termination

We may terminate or suspend your access to our Services immediately, without prior notice, for any reason, including but not limited to breach of these Terms.

Upon termination, your right to use our Services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, and limitation of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Any disputes arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of South Africa.