TrenchCalc Terms of Use

Effective Date: July 13, 2025

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
• Spoil management calculations
• Construction planning estimates

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

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. AI/ML Features and Accuracy Limitations

AI Transparency Notice: TrenchCalc uses artificial intelligence and machine learning models for certain features including:

• LiDAR scan object detection and analysis
• Photogrammetry processing
• Site diary text enhancement
• Volume calculations and estimations

Accuracy Limitations

• AI calculations are estimates only and may contain errors or inaccuracies
• AI models are trained on data that may not reflect all site conditions or edge cases
• Results should always be verified by qualified engineers before use
• AI accuracy depends on input data quality (scan quality, photo quality, etc.)
• Environmental conditions, lighting, and scan artifacts may affect AI accuracy

How AI Makes Decisions

• AI models use statistical patterns learned from training data
• Object detection uses computer vision algorithms to identify features in LiDAR scans and photos
• Volume calculations use geometric algorithms combined with user inputs
• AI does not "understand" engineering principles but applies learned patterns
• Decisions are probabilistic and may not always be correct

Liability for AI-Generated Calculations

• EngSiteTools is not liable for errors, inaccuracies, or failures in AI-generated calculations
• You assume all risk and liability for decisions made based on AI outputs
• AI features are provided "as-is" without warranties of accuracy or reliability
• You agree to verify all AI outputs and not rely solely on automated results

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

4. Subscriptions and Payments

TrenchCalc offers multiple subscription tiers with different feature access and usage limits. All pricing is subject to change. Current pricing (as of the effective date):

Subscription Tiers

• Free Tier: Basic calculations with limited AI features
• Basic Tier (~$4.99/month): Enhanced features with daily AI usage limits
• Premium Tier (~$12.99/month): Advanced features with increased AI usage limits
• MAX Tier (~$24.99/month): Full feature access with highest AI usage limits

Note: Pricing may vary by region, platform (iOS vs Android), or promotional offers. Actual pricing is displayed at the time of purchase in your app store.

API Usage Limits

• Each subscription tier has specific API usage limits for AI features (e.g., AI diary polishing, photo deblur, photogrammetry)
• Usage limits reset on a daily or monthly basis depending on the feature
• Exceeding usage limits may result in temporary feature restrictions until the next reset period
• We reserve the right to modify usage limits with reasonable notice
• Usage limits are designed to prevent abuse and ensure fair access to shared resources

Payment Terms

• Payment Processing: All billing is handled through Apple App Store and Google Play. We use RevenueCat to manage subscription entitlements.
• Subscription Renewal: Subscriptions automatically renew unless canceled before the renewal date.
• Cancellation: You may cancel your subscription at any time through your app store. You will retain access until the end of your current billing period.
• Refunds: Payments are generally non-refundable except as required by law or app store policy. Refund requests should be directed to your app store.
• Price Changes: We may change subscription prices with advance notice. Changes apply to renewals after the notice period.
• Tier Changes: You may upgrade or downgrade your subscription tier at any time. Downgrades take effect at the next billing cycle.

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 (AWS, 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 Deletion: You may delete your account at any time from the Profile screen within the App.
• Data Removal: Deleting your account removes your authentication data from our systems. No project data is stored in the cloud.
• 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; LiDAR scan data contributed for ML training (if opted in) may be anonymized and retained.
• Account Security: You are responsible for maintaining the security of your account credentials.
• Account Suspension: We may suspend or terminate accounts that violate these Terms.

Intellectual Property Rights to Uploaded Data

• Your Data Ownership: You retain all intellectual property rights to LiDAR scans, photos, and project data you upload
• ML Training Opt-In: If you opt in to contribute scans for ML training, anonymized data may be used to improve our models
• No Data Storage: We do not store your project calculations or unprocessed scan data in the cloud
• Anonymized Data: Only anonymized, aggregated data may be used for model training with your explicit consent

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.

• 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 or AI features
• Decisions made based on App outputs or AI-generated results
• Construction defects, safety incidents, or project failures
• Technical errors, bugs, or app malfunctions
• Data loss or corruption
• Third-party service failures (e.g., AWS Cognito, RevenueCat, Google Play, AWS SageMaker, third-party AI services)
• AI model errors, inaccuracies, or failures
• LiDAR scan processing errors or misinterpretations
• Photogrammetry inaccuracies or processing 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.

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

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.

11. Dispute Resolution

Informal Resolution: Before filing a claim, you agree to contact us at engsitetools@gmail.com to attempt to resolve the dispute informally. We will make good faith efforts to resolve disputes within 30 days.

Binding Arbitration: If informal resolution fails, any dispute arising out of or relating to these Terms or TrenchCalc shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA), except where prohibited by law. Arbitration shall be conducted in English.

Class Action Waiver: You agree that disputes will be resolved on an individual basis and waive any right to participate in class actions, collective actions, or representative proceedings.

Exceptions: The following disputes are not subject to arbitration:

• Intellectual property disputes (copyright, trademark, patent)
• Disputes where injunctive relief is sought
• Small claims court actions (where permitted by law)

Jurisdiction: For disputes not subject to arbitration, or where arbitration is not permitted by law, you consent to the exclusive jurisdiction of the courts in your jurisdiction of residence.

Limitation Period: Any claim arising from these Terms must be brought within one (1) year of the date the claim arose, or it will be forever barred.

11A. Governing Law and Global Compliance

These Terms are governed by and construed in accordance with the laws of your jurisdiction, without regard to conflict of law principles. Any disputes shall be resolved in accordance with the Dispute Resolution section above.

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. This includes:

• Local construction and engineering software regulations
• Professional licensing requirements
• Building codes and safety regulations
• Data protection and privacy laws (GDPR, CCPA, etc.)
• Export control and trade regulations where applicable

California Users (CCPA): California residents have specific privacy rights under the California Consumer Privacy Act. See our Privacy Policy for details.

EU Users (GDPR): Users in the European Union have specific data protection rights under the General Data Protection Regulation. See our Privacy Policy for details.

12. Marketing Claims and Accuracy Disclaimers

Marketing Language: Any marketing claims, advertising, or promotional materials (including "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 guaranteed quality or certification
• All calculations are estimates and must be verified by qualified engineers
• No marketing claim supersedes the disclaimers and limitations in these Terms

13. 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, acts of God, or severe weather
• War, terrorism, civil unrest, or government actions
• Internet outages, cyber attacks, or third-party service failures
• Pandemics, epidemics, or public health emergencies
• Strikes, labor disputes, or supply chain disruptions

Export Controls

TrenchCalc may be subject to export control laws. You agree to comply with all applicable export and import laws, including:

• U.S. Export Administration Regulations (EAR)
• International Traffic in Arms Regulations (ITAR) where applicable
• European Union export control regulations
• Local export control laws in your jurisdiction

You agree not to export, re-export, or transfer TrenchCalc to any country or person prohibited by applicable export control laws.

Age Restrictions

TrenchCalc is intended for users 18 years of age or older. If you are under 18, you may use TrenchCalc only with the supervision and consent of a parent or guardian. If you are under 13, you may not use TrenchCalc without verifiable parental consent in accordance with the Children's Online Privacy Protection Act (COPPA).

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, abusive, or illegal activity
• Non-payment of subscription fees
• Extended periods of inactivity (typically 12+ months)
• Any other reason we deem necessary

You may terminate your account at any time by deleting your account through the App or contacting us.

Intellectual Property Indemnification

If a third party claims that your use of TrenchCalc infringes their intellectual property rights, you agree to indemnify and hold us harmless from such claims, including reasonable attorney's fees, provided that:

• The claim does not arise from our modification of TrenchCalc
• The claim does not arise from your combination of TrenchCalc with other products or services
• You promptly notify us of the claim and cooperate in the defense

Pricing and Payment Errors

We reserve the right to correct pricing errors, even after payment has been processed. If we discover an error:

• We will notify you of the error
• You may choose to pay the correct price or cancel your subscription
• If you paid more than the correct price, we will refund the difference
• If you paid less than the correct price, we may charge the difference or cancel the subscription

Beta and Experimental Features

Some features may be labeled as "beta," "experimental," or "preview." These features:

• May be unstable, incomplete, or contain errors
• May be modified or removed at any time without notice
• Are provided "as-is" without warranties
• May have different terms or limitations than production features

Third-Party Content and Links

TrenchCalc may contain links to third-party websites or services. We are not responsible for:

• The content, accuracy, or availability of third-party sites
• The privacy practices of third-party sites
• Any transactions or interactions with third parties
• Any damage or loss caused by third-party content or services

You access third-party content at your own risk and subject to their terms and conditions.

14. 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.

15. Contact

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

Email: engsitetools@gmail.com

Thank you for using TrenchCalc responsibly.