Terms and Conditions

1. Who we are and what you are agreeing to

These Terms and Conditions (the "Terms") are a legal agreement between you and Paramount Structural Solutions Inc. ("Paramount", "we", "us"). They govern your registration for and use of Paramount Apps (the "Portal") and every application, download, file, document, template, calculation module and related material made available through it, in a browser or as a desktop program (together, the "Software").

By ticking the acceptance box when you register, by signing in, or by using the Software in any way, you confirm that you have read and understood these Terms and agree to be bound by them. If you are registering on behalf of a company or other organization, you confirm that you are authorized to bind it, and "you" includes that organization. If you do not agree, do not register and do not use the Software.

The Software is intended solely for professional, commercial and business evaluation by engineers, designers, contractors and other people acting in the course of their work. It is not offered for personal, family or household use, and by registering you confirm that you are using it for business purposes.

Our Privacy Policy, available at https://apps.paramountengineeringsolutions.ca/privacy, explains what personal information we collect and how we use it. It forms part of these Terms.

2. Beta software provided for trial and evaluation only

The Software is pre-release ("beta") software. It is made available free of charge for trial, evaluation and feedback purposes only. It has not completed the testing, verification and quality-assurance processes that would apply to a commercial release, and it may contain errors, omissions, incorrect formulas or assumptions, incomplete features and behaviour that differs from its documentation.

We may change, restrict, suspend or withdraw any part of the Software or the Portal at any time, with or without notice, and we do not promise that the Software will remain available, that any feature will be completed or that any error will be corrected.

3. The Software is a tool, not engineering advice

The Software helps with calculations, drawings, models, reports, specifications, estimates and similar tasks, but it does not provide engineering, architectural, construction or other professional services or advice, and your use of it does not create an engineer–client, consultant–client or any other professional relationship between you and Paramount. Nothing produced by the Software has been reviewed, checked, stamped or sealed by Paramount or by a licensed professional engineer unless Paramount has expressly agreed to do so in a separate written engagement.

Every result, drawing, report, model, quantity, specification and other output of the Software (an "Output") depends on the inputs, assumptions and settings you provide, and on software that may be wrong. You must not rely on any Output for any design, analysis, assessment, construction, fabrication, inspection, report, permit application or other decision unless and until it has been independently checked, verified and, where required, sealed by a licensed professional engineer (or other qualified professional) who takes professional responsibility for it in accordance with the codes, standards, regulations and professional obligations that apply to the work and the jurisdiction, including the Ontario Building Code, the National Building Code of Canada and the requirements of Professional Engineers Ontario or the applicable regulator.

You are solely responsible for the inputs you provide, for interpreting Outputs, for the accuracy and suitability of anything you produce with the Software and for compliance with all laws, codes, standards and professional obligations that apply to you and your work.

4. Your account and your licence to use the Software

Subject to these Terms, Paramount grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to use, during the period of your access, the Software that Paramount assigns to your account, for your own trial and evaluation. Paramount may grant, limit, set an expiry on, suspend or withdraw access to any application or to the Portal at any time and for any reason, without liability to you.

Your account is personal. Keep your password confidential, do not share your account or let anyone else use it, and tell us promptly if you believe it has been compromised. You are responsible for everything done through your account.

You must not copy, redistribute, sell, rent, lease, lend, host, publish or sublicense the Software; reverse engineer, decompile, disassemble or otherwise attempt to derive its source code, formulas, models or data (except to the extent the law expressly allows despite this restriction); remove or alter any proprietary notices; use the Software to build a competing product; interfere with the Portal or its security; or use the Software for anything unlawful. Desktop applications you download are for installation and use on computers under your control only.

Desktop applications need a licence key. Where a downloaded application asks for a licence key, the key that Paramount issues to you is personal to you and to the application named on it, may be entered on no more than the number of computers stated for it, and must not be shared. The application contacts the Portal when it starts and periodically while it runs (about once an hour) to confirm that the key is still valid, sending only the key, an identifier of the application and its version, a name and a fingerprint of the computer, and the network address the request comes from; it does not send your models, drawings or other work. The application keeps working without a connection for the offline allowance stated for your licence (normally seven days) and then requires contact with the Portal. Paramount may suspend or cancel a licence key at any time under Section 10, including where fees for the Software are not paid when due; the application then stops opening at its next check with the Portal, within the offline allowance at the latest. Suspension or cancellation does not affect files saved on your computer, which remain yours under Section 5.

The Software, the Portal and all intellectual property in them belong to Paramount and its licensors and are protected by copyright and other laws. No rights are granted other than the licence expressly set out above.

5. Your inputs, projects and Outputs belong to you

As between you and Paramount, you own the information you enter into the Software (project details, dimensions, loads, photographs, notes and similar inputs), the projects, models and drawings you create with it, and the reports, calculation sheets, specifications, estimates and other Outputs you generate from your own inputs. Paramount claims no ownership of them.

Paramount and its licensors retain all ownership of the Software itself, including its calculation engines, formulas, design modules, templates, report layouts, symbol and content libraries, databases, algorithms, user interfaces, documentation and any Paramount branding embedded in Outputs. Your ownership of an Output does not give you any rights in those underlying components, and it does not change Section 3: an Output remains your responsibility to verify before use.

6. Your data, our records and the service providers we use

Browser-based applications save your work (calculation sheets, projects, drawings and similar) in the web browser on the device you are using, not on Paramount servers. Paramount does not back up that work, cannot recover it, and it can be lost when browser data is cleared, when a browser or device is changed or when the Software is updated. Use each application's export, print or backup features to keep your own copies of anything you need. Features that would require a server (for example file conversion or the Suite Assistant) are not available in the browser edition.

To operate the Portal, Paramount stores your account details (name, email address, company, phone number if given), your software access grants, feedback you send us, the Terms version you accepted and security records such as sign-ins, application launches, downloads, and the network address and browser type they came from. We use this information to provide, secure, support and improve the Software, and we do not sell it. The Privacy Policy at https://apps.paramountengineeringsolutions.ca/privacy gives the details, including retention periods and how to ask for a copy or deletion of your information; questions can be sent to info@paramountengineeringsolutions.ca.

The Portal runs on infrastructure provided by third-party service providers: a cloud hosting provider (currently Railway) that hosts the Portal and its database, and an email delivery provider (currently Resend) that sends our messages to you. Those providers process account and log data on our behalf and may store it on servers outside Canada, including in the United States, where it may be subject to the laws of those jurisdictions. The availability, performance and behaviour of third-party services are outside Paramount's control, and Paramount is not responsible for their interruption or failure.

Do not enter into the Software any confidential information or personal data of others unless you have the right to do so. Feedback, suggestions and bug reports you send to Paramount may be used freely by Paramount to improve its products without any obligation to you.

7. No warranty

THE SOFTWARE, THE PORTAL AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY, CONDITION OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, PARAMOUNT DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY AND COMPLIANCE WITH ANY CODE OR STANDARD, AND ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PARAMOUNT OR THROUGH THE SOFTWARE CREATES ANY WARRANTY.

8. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PARAMOUNT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, GOODWILL, DATA OR WORK, OR FOR ANY COST OF SUBSTITUTE SOFTWARE OR SERVICES, OR FOR ANY DAMAGE TO OR FAILURE OF ANY STRUCTURE, BUILDING, WORK, PROPERTY OR EQUIPMENT, OR FOR ANY PERSONAL INJURY OR DEATH, OR FOR ANY CLAIM MADE AGAINST YOU BY A THIRD PARTY, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE PORTAL, ANY OUTPUT OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BREACH OF STATUTORY DUTY OR OTHERWISE), EVEN IF PARAMOUNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF PARAMOUNT AND THE PERSONS LISTED ABOVE FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE PORTAL, ANY OUTPUT OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID PARAMOUNT FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (WHICH IS NIL FOR SOFTWARE PROVIDED FREE OF CHARGE) AND ONE HUNDRED CANADIAN DOLLARS (CAD 100).

You acknowledge that the Software is provided free of charge for evaluation, that Paramount could not do so without these limitations, and that they are an essential part of the agreement between you and Paramount. Some laws do not allow certain warranties to be excluded or certain liabilities to be limited; to that extent only, the exclusions and limitations above apply to the maximum extent the law allows.

9. Indemnity

You will defend, indemnify and hold harmless Paramount and its directors, officers, employees, contractors, agents and licensors from and against all claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or related to your use of the Software or any Output, anything you design, build, certify, report or decide with the help of the Software, your breach of these Terms, or your violation of any law or of the rights of any person.

Paramount will notify you promptly of any claim for which it seeks indemnity (a delay affects your obligations only to the extent it prejudices you), will allow you to control the defence with counsel reasonably acceptable to Paramount, and may participate in the defence at its own expense. You will not settle or compromise any claim in a way that admits fault on Paramount's behalf, imposes any obligation on Paramount or does not fully release Paramount, without Paramount's prior written consent.

10. Suspension and termination

Paramount may suspend or terminate your account, your access to any part of the Software or any licence key issued to you at any time, with or without cause or notice — including where any fees agreed for the Software are not paid when due, in which case Paramount will normally send a reminder to the email address on your account before suspending. You may stop using the Software at any time and may ask us to close your account by writing to us. Sections 3, 5 and 7 to 12 survive any termination.

11. Changes to the Software and to these Terms

Paramount may update these Terms from time to time. When the Terms change in a way that requires your agreement, you will be asked to accept the new version the next time you sign in, and you will not be able to use the Software until you do. The version you accepted, and when, is recorded on your account. The date at the top of this document identifies the current version.

12. General

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules. You agree that the courts of Ontario sitting in Ottawa have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Software, and you waive any objection to that venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

These Terms are the entire agreement between you and Paramount about the Software and the Portal and replace any earlier understanding. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of the Terms will remain in effect. Paramount's failure to enforce a provision is not a waiver. You may not assign these Terms; Paramount may assign them to a successor of its business. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente entente et tous les documents connexes soient rédigés en anglais.

13. Contact

Questions about these Terms or the Software: info@paramountengineeringsolutions.ca.