TrenchCalc Terms of Use

Effective Date: January 29, 2026

These Terms of Use ("Terms") govern your access to and use of the TrenchCalc mobile application ("App"), developed by EngSiteTools. By downloading, installing, or using the App, you agree to be bound by these Terms.

1. Purpose of the App

TrenchCalc is designed to assist civil engineers, construction professionals, and contractors in estimating:

• Trench fill volumes
• Cement and stabilisation requirements
• Culvert spacing and configurations
• LiDAR volume scanning
• Construction planning estimates

The App is intended as a helpful estimation and planning tool to support your professional judgment.

1A. Tool Classification

TrenchCalc is classified as a calculation utility tool, not as:

• Professional engineering services
• Certified engineering software
• Regulatory-compliant calculation system
• Approved construction planning software
• Licensed professional engineering advice

The App provides mathematical calculations and estimates based on user inputs. It does not provide engineering design, structural analysis, or professional engineering services that would require professional licensure or certification.

1B. Intended Users and Qualifications

TrenchCalc is intended for use by:

• Licensed professional engineers (for estimation and planning purposes only)
• Construction professionals working under licensed engineer supervision
• Contractors using the tool as a preliminary estimation aid

Important: Use of this tool does not substitute for professional engineering judgment, licensure requirements, or regulatory compliance. Users are responsible for ensuring they have appropriate qualifications and oversight for their intended use.

2. No Professional Engineering Advice

TrenchCalc does not provide professional engineering, safety, or legal advice.

• All calculations are estimates based on user-provided inputs
• You are solely responsible for verifying all results
• You must ensure compliance with local building codes, safety regulations, and engineering standards
• Site-specific conditions may require adjustments to any estimates
• Always consult with qualified professionals for critical decisions
• This software is a tool, not a replacement for licensed professional engineering judgment
• Results must be verified by qualified engineers before use in construction projects
• Compliance with local construction and engineering software regulations is your responsibility

2A. Prohibited Uses

You may NOT use TrenchCalc for:

• Final engineering designs requiring professional licensure
• Certified construction documents or plans
• Regulatory submissions without professional engineering review
• Safety-critical decisions without independent verification
• Legal or contractual obligations without professional oversight
• Any use that requires certified or licensed engineering services

Use of TrenchCalc for any of the above purposes is strictly prohibited and may violate professional licensing laws, building codes, or regulatory requirements in your jurisdiction.

2B. Calculation Methods and Limitations

Calculation Methodology:

• All calculations use standard engineering formulas and approximations
• Methods are based on published engineering references and industry practices
• Calculations have not been independently verified or certified by any engineering authority, regulatory body, or professional organization
• No warranty is made that calculations comply with any specific building code, engineering standard, or regulatory requirement
• Site-specific conditions, local regulations, and engineering judgment may require significant adjustments to any estimates

You are solely responsible for:

• Verifying all calculation methods and results
• Ensuring compliance with applicable codes and standards
• Obtaining professional engineering review where required
• Validating results against site-specific conditions

3. Acceptable Use

You agree to use TrenchCalc only for lawful purposes. You may not:

• Use the App in any way that violates local, state, or national laws
• Attempt to reverse engineer, decompile, or extract source code
• Distribute, resell, or sublicense the App or any of its features
• Use the App to cause harm, damage, or liability to EngSiteTools or others
• Bypass or circumvent any security features or subscription requirements
• Store, reproduce, display, modify, sell, publish, transmit, distribute, or commercially exploit the Services or any content without prior written permission from EngSiteTools
• Use the Services for any unlawful or unauthorized purpose

4. Purchases and Payments

TrenchCalc includes basic calculations without a purchase. A single one-time in-app purchase ("Lifetime") unlocks all advanced features permanently, with no recurring charges. What Lifetime includes is listed on the features page. The purchase is shown in the app at the time you buy it.

Plans

• Free: Basic calculations, available without a purchase.
• Lifetime: A one-time purchase that unlocks all advanced features permanently.

Note: The purchase is shown in the App Store or Google Play at the time you buy it, and can differ by region or platform.

Payment Terms

• Payment Processing: In-app purchases are handled through the Apple App Store and Google Play.
• One-Time Purchase: The Lifetime unlock is a single, non-recurring purchase. There is no subscription and nothing to renew or cancel.
• Refunds: Payments are generally non-refundable except as required by law or app store policy. Refund requests should be directed to your app store.
• Changes: The Lifetime purchase offered to new buyers may change. Features you have already unlocked are not affected.

Service Availability (SLA)

• Uptime Target: We strive for 99% uptime but do not guarantee uninterrupted service
• No Uptime Guarantee: TrenchCalc is provided "as available" without guaranteed uptime or service level agreements
• Scheduled Maintenance: We may perform scheduled maintenance with reasonable notice when possible
• Service Interruptions: We are not liable for service interruptions, downtime, or feature unavailability
• Third-Party Services: Availability depends on third-party services (Google Cloud, etc.) which we do not control

5. Account Management

You may create an account to access premium features and sync your subscription status. Account terms:

• Account Creation: You may create an account using Apple Sign In or Google Sign In.
• Account Deletion: You may delete your account at any time from the Profile screen within the App (for individual accounts) or from the dashboard (for business accounts).
• Data Removal: Deleting your account removes your authentication data and your company profile data (such as name, job title, company name, address, and phone) from our systems. Project and calculation data are not stored in the cloud.
• Business Account Deletion: If you have a business account with provisioned seat users, deleting your account will permanently delete all users you have provisioned. Any active seat subscription will be automatically canceled and you will not be charged for future billing periods.
• Data Export: You have the right to export your data (right to data portability). Project calculations can be exported as PDF reports from within the App.
• Data Deletion: You have the right to request deletion of your personal data. Account deletion removes authentication data and company profile data from our systems.
• Account Security: You are responsible for maintaining the security of your account and for all actions taken using your account, whether authorised by you or not. You must immediately notify us at support@engsitetools.com if you become aware of any unauthorised access to your account or any other security breach.
• Account Suspension: We may suspend or terminate accounts that violate these Terms.

By providing company or business information, you confirm that you have the right to provide it and that it may be stored and processed as described in our Privacy Policy.

Intellectual Property Rights to Uploaded Data

• Your Data Ownership: You retain all intellectual property rights to photos and project data you upload.
• No Data Storage: We do not store your project calculations or unprocessed scan data in the cloud. We do store your company profile information (as described in our Privacy Policy) to provide account and profile features.

6. Intellectual Property

All content, code, designs, logos, trademarks, and other intellectual property within TrenchCalc are owned by EngSiteTools and are protected by copyright and trademark laws.

EngSiteTools reserves all rights to proprietary information and intellectual property (including, but not limited to, patents, trademarks, service marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans, and other identifying materials, in all forms whether or not registered or capable of registration) subsisting in or relating to TrenchCalc and the Services.

• You may not reproduce, distribute, or create derivative works without written permission
• The TrenchCalc name and logo are trademarks of EngSiteTools
• Your subscription grants you a limited, non-exclusive, non-transferable license to use the App

7. Limitation of Liability

• Inaccurate calculations or estimates provided by the App
• Decisions made based on App outputs
• Construction defects, safety incidents, or project failures
• Technical errors, bugs, or app malfunctions
• Data loss or corruption
• Third-party service failures
• Service downtime or unavailability

YOU USE TRENCHCALC AT YOUR OWN RISK. To the maximum extent permitted by law, EngSiteTools disclaims all warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

Liability Cap: To the extent that liability cannot be excluded by law, EngSiteTools' total liability to you for any claims arising from your use of TrenchCalc is limited to the amount you paid for the App in the twelve (12) months preceding the claim, or AUD $100, whichever is greater.

Professional Liability: TrenchCalc is a calculation tool, not professional engineering services. EngSiteTools is not liable for professional engineering decisions, construction defects, or regulatory compliance failures. You assume all professional liability for decisions made using this software.

8. Disclaimer of Warranties

TrenchCalc is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. We do not guarantee:

• Accuracy or reliability of calculations
• Uninterrupted or error-free operation
• Compatibility with all devices or operating systems
• That the App will meet your specific requirements

Consumer Guarantees: Certain legislation, including the Australian Consumer Law, may imply warranties or conditions or impose obligations that cannot be excluded. To the extent permitted by law, our liability under any such implied warranty or condition is limited to the resupply of the services or payment of the cost of having them resupplied.

9. Indemnification

You agree to indemnify, defend, and hold harmless EngSiteTools, its developers, employees, officers, directors, affiliates, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

• Your use of TrenchCalc or violation of these Terms
• Your violation of any third-party rights (including intellectual property, privacy, or data protection rights)
• Construction projects, professional decisions, or business decisions based on App estimates or outputs
• Your negligence, willful misconduct, or fraudulent activity
• Your breach of any applicable laws or regulations
• Any content, data, or information you upload, submit, or transmit through TrenchCalc

Cooperation: You agree to cooperate in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

10. Changes to These Terms

We may update these Terms from time to time. We will provide reasonable notice of material changes (typically 30 days) through:

• In-app notifications
• Email notifications (if you have provided an email)
• Posting on our website with an updated effective date

Continued Use: Your continued use of TrenchCalc after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using TrenchCalc and may cancel your subscription.

Material Changes: For material changes that adversely affect your rights, we will provide at least 30 days notice. Non-material changes (such as clarifications or typographical corrections) may take effect immediately.

Service Modifications: We reserve the right to modify, suspend, or discontinue any part or whole of TrenchCalc at any time without cause or prior notice. We may exercise full discretion in modifying or discontinuing any features, services, or functionality.

11. Dispute Resolution

11.1 Informal Resolution

Before taking any formal action, you agree to contact us at support@engsitetools.com to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes within 30 days of receiving your notice.

11.2 Governing Law

These Terms are governed by the laws of Western Australia, Australia. However, nothing in these Terms excludes, restricts, or modifies any consumer rights you may have under the law of your jurisdiction that cannot be excluded, restricted, or modified by agreement.

11.3 Australian Consumer Law

If you are an Australian consumer, nothing in these Terms limits, excludes, or modifies any rights or remedies available to you under the Australian Consumer Law or other applicable Australian consumer protection legislation.

11.4 Dispute Resolution Process

(a) For Australian Users:

• If informal resolution fails, either party may commence proceedings in the courts of Western Australia, or in the courts of your state or territory of residence within Australia.
• You may also be entitled to use alternative dispute resolution services provided by your state or territory consumer protection agency.

(b) For Users Outside Australia:

• If informal resolution fails, we both agree to attempt mediation through a mutually agreed mediator or mediation service before commencing litigation.
• If mediation is unsuccessful or unavailable, disputes may be resolved through the courts of your jurisdiction of residence, provided such courts have jurisdiction over the matter.
• Alternatively, either party may commence proceedings in the courts of Western Australia.

11.5 Small Claims

Nothing in this clause prevents either party from bringing a dispute in a small claims court or equivalent tribunal in any jurisdiction where such action is available and appropriate.

11.6 Injunctive Relief

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent unauthorised access to or use of the App.

11.7 Class Actions

Where permitted by law, disputes will be resolved on an individual basis. However, this does not affect your rights to participate in class actions or representative proceedings where such rights cannot be waived under applicable consumer protection laws.

11.8 Limitation Period

Subject to applicable consumer protection laws, any claim arising from these Terms must be brought within three (3) years of the date the claim arose. This does not apply where a longer limitation period is required by law.

11.9 Costs

Each party shall bear their own costs of dispute resolution unless otherwise ordered by a court or tribunal, or unless applicable consumer protection laws provide otherwise.

11.10 Other Jurisdiction Consumer Protections

California Users (CCPA): California residents have specific privacy and consumer rights under the California Consumer Privacy Act. Nothing in these Terms limits, excludes, or modifies any rights or remedies available to you under the CCPA or other applicable California consumer protection laws that cannot be excluded, restricted, or modified by agreement.

EU Users (GDPR): Users in the European Union have specific data protection and consumer rights under the General Data Protection Regulation and applicable EU consumer protection laws. Nothing in these Terms limits, excludes, or modifies any rights or remedies available to you under GDPR or other applicable EU consumer protection laws that cannot be excluded, restricted, or modified by agreement.

Other Jurisdictions: If you are a consumer in any other jurisdiction, nothing in these Terms excludes, restricts, or modifies any consumer rights you may have under the mandatory laws of your jurisdiction that cannot be excluded, restricted, or modified by agreement.

12. Compliance and Regulatory Matters

Global Compliance: TrenchCalc is available globally. You are responsible for ensuring your use complies with local laws, regulations, and professional licensing requirements in your jurisdiction, including:

• Local construction and engineering software regulations
• Professional licensing requirements
• Building codes and safety regulations
• Data protection and privacy laws

Regulatory Status: TrenchCalc is not certified, approved, or endorsed by any engineering regulatory body, building code authority, or professional licensing organisation. The App is not listed on any approved software registry or certified tools database. Use of this tool does not constitute compliance with any regulatory requirement, building code, or professional standard unless independently verified by a qualified professional.

For details regarding privacy rights and data protection, please see our Privacy Policy.

13. Marketing Claims and Accuracy Disclaimers

Any marketing claims, advertising, or promotional materials (including terms like "professional-grade," "accurate," or similar language) are for marketing purposes only and do not constitute warranties or guarantees.

• Claims about accuracy (e.g., "±1-3cm accuracy") are estimates based on ideal conditions and may vary in practice
• References to "professional-grade" or "professional" indicate intended use, not certification or guaranteed quality
• No marketing claim supersedes the disclaimers and limitations in these Terms

14. Additional Legal Protections

Force Majeure: We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, government actions, internet outages, cyber attacks, third-party service failures, pandemics, or labour disputes.

Age Restrictions: TrenchCalc is intended for users 18 years of age or older, or users under 18 with parent or guardian supervision.

Termination: We may terminate or suspend your access to TrenchCalc at any time, with or without cause or notice, for violation of these Terms, fraudulent or illegal activity, non-payment, or any other reason we deem necessary. You may terminate your account at any time by deleting it through the App or contacting us.

Pricing and Payment Errors: We reserve the right to correct pricing errors. If we discover an error, we will notify you and you may choose to pay the correct price or cancel. Overpayments will be refunded; underpayments may be charged or result in cancellation.

Beta and Experimental Features: Features labelled "beta," "experimental," or "preview" may be unstable, incomplete, or removed without notice. They are provided "as-is" without warranties.

Third-Party Content and Links: TrenchCalc may contain links to third-party websites or services. We are not responsible for third-party content, privacy practices, or any resulting damage or loss. You access third-party content at your own risk.

15. Severability

If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall remain in full effect.

No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and EngSiteTools regarding TrenchCalc and supersede all prior agreements, understandings, or communications.

16. Contact

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

Email: support@engsitetools.com

17. App Store Terms

17.1 Apple App Store (iOS Users)

The following terms apply to users who download TrenchCalc from the Apple App Store:

• You acknowledge that these Terms are between you and EngSiteTools only, not Apple Inc. ("Apple"), and EngSiteTools (not Apple) is solely responsible for TrenchCalc and its content.
• The license granted to you is limited to a non-transferable license to use TrenchCalc on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in Apple's Media Services Terms and Conditions.
• EngSiteTools (not Apple) is solely responsible for providing any maintenance and support services for TrenchCalc. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to TrenchCalc.
• In the event of any failure of TrenchCalc to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for TrenchCalc. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to TrenchCalc.
• Apple is not responsible for addressing any claims by you or any third party relating to TrenchCalc or your possession and/or use of TrenchCalc, including but not limited to: (a) product liability claims; (b) any claim that TrenchCalc fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
• In the event of any third-party claim that TrenchCalc or your possession and use of TrenchCalc infringes that third party's intellectual property rights, EngSiteTools (not Apple) will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim.
• You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

17.2 Google Play (Android Users)

The following terms apply to users who download TrenchCalc from Google Play:

• You acknowledge that these Terms are between you and EngSiteTools only, not Google LLC ("Google"). EngSiteTools (not Google) is solely responsible for TrenchCalc, its content, maintenance, and support.
• Google has no obligation or liability to you with respect to TrenchCalc or these Terms.
• Your use of TrenchCalc must comply with Google Play's Terms of Service.

Thank you for using TrenchCalc responsibly.