Terms of service

Last Updated: Aug 1, 2025

Please read these Terms and Conditions ("Terms") carefully before using the SkyStruct platform ("SkyStruct" or the "Service"). By registering an account or otherwise accessing or using SkyStruct, you agree to be bound by these Terms. If you do not agree, you must not use the Service. These Terms constitute a legally binding agreement between you (the individual or entity using the Service, referred to as "you" or "Customer") and SkyStruct (referred to as "SkyStruct", "we", "us", or "the Company"). SkyStruct is offered globally (including Qatar and internationally), so you are responsible for ensuring your use complies with all applicable local laws.

1. Definitions

For clarity in this Agreement, the following capitalized terms have these meanings:

• "Service" or "SkyStruct": The SkyStruct software-as-a-service platform for construction project management, including all related websites, applications, tools, and services provided by us, as well as any updates, enhancements, and documentation.
• "User" or "Customer": The person or entity who has an account to use the Service. "You" may refer to an individual using the Service or the company or organization on whose behalf an individual is using the Service (with that individual representing they have authority to bind the company).
• "Authorized User": Any individual you authorize or invite to access your SkyStruct account or project (such as an employee, contractor, consultant, or other third party associated with your project). Each Authorized User must have their own separate user account and credentials. Accounts and user IDs are issued to individual, named persons and may not be shared or used by more than one person.
• "Third-Party Services": Independent third-party platforms, applications, software, or services that may integrate or interoperate with SkyStruct (for example, external enterprise software, cloud storage services, or other apps).
• "Partner" or "Reseller": An authorized third-party business (such as a financial institution, enterprise partner, or reseller) through whom SkyStruct may be provided under that partner’s branding (often known as a white-label deployment) or sold to end users.

(Other terms may be defined contextually in these Terms.)

2. User Accounts and Eligibility

2.1 Account Registration: To use SkyStruct, you must create an account and provide accurate, current information. You must be at least 18 years old (or the age of legal majority in your jurisdiction) and capable of entering into binding contracts. You agree to keep your account information updated. If you are registering on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. Each individual user (including each employee, contractor, or consultant) must register their own account – account sharing is not permitted.

2.2 Authorized Users and Access: If you are an organization or a homeowner user who invites third parties (e.g. contractors, consultants, or other project stakeholders) to collaborate on SkyStruct, each such individual must register as an Authorized User with their own credentials. You may not allow any person to use your credentials, and you must not share your login information with others. You are responsible for all activities that occur under your account and for each Authorized User’s compliance with these Terms. If an Authorized User is no longer authorized (for example, a contractor finishes their work or an employee leaves your company), you must promptly remove or disable their access. You shall notify SkyStruct immediately if you suspect any unauthorized use of or access to your account, or if any user’s login credentials are compromised.

2.3 Account Security: You are responsible for maintaining the confidentiality of your usernames and passwords. SkyStruct employs industry-standard measures to protect accounts, but you acknowledge that no system is completely secure. You must use a strong password and maintain adequate security of your account credentials. We will not be liable for any loss or damage arising from unauthorized access to your account due to your failure to safeguard credentials.

2.4 Eligibility and Compliance: You represent that you are not located in, under the control of, or a national or resident of any country subject to U.N. or other applicable government embargo, sanction, or that is designated as a “terrorist supporting” country, and that you are not on any government-issued list of prohibited or restricted parties. You agree to comply with all export control and economic sanctions laws that apply to your use of the Service. You are responsible for ensuring that your use of SkyStruct is in compliance with all laws and regulations applicable to you (including local building codes, data protection laws, and export/import regulations). If a specific use of the Service or certain data is prohibited in your jurisdiction, you must not engage in those activities.

3. License Grant and Permitted Use

3.1 License Grant: Subject to your compliance with these Terms and payment of all applicable fees, SkyStruct grants you a limited, non-exclusive, non-transferable, non-sublicensable right and license during the term of this Agreement to access and use the Service solely for your internal business or personal project management purposes. This license is provided for use of the Service as offered (cloud-based) – you are not sold any copy of our software. All rights not expressly granted to you are reserved by SkyStruct.

3.2 Acceptable Use Policy: You agree to use SkyStruct only for lawful purposes and in accordance with these Terms. You will not, and will not permit or assist others to:

• Misuse the Service or use it for any unlawful, harmful, or fraudulent activity. This includes not using SkyStruct to post or transmit any illegal, infringing, defamatory, obscene, or otherwise objectionable content.
• Reproduce, distribute, modify, or create derivative works of the Service or any part of it, except as expressly permitted by SkyStruct. You may not reverse engineer, decompile, or disassemble the Service or otherwise seek to access source code or underlying trade secrets (except to the limited extent that applicable law permits despite this limitation).
• Share or Resell Access: Sell, rent, lease, sublicense, distribute, or otherwise transfer the Service or any portion to a third party, or provide any third party with direct access to the Service (except Authorized Users under your account as permitted). You may not use the Service on behalf of or for the benefit of any third party other than Authorized Users in the normal course of your own project.
• Use the Service to build or support, and/or assist a third party in building or supporting, products or services competitive with SkyStruct (no competitive use allowed).
• Interfere with or disrupt the integrity, security, or performance of the Service. This includes not attempting to gain unauthorized access to the Service or related systems or networks, not transmitting any viruses, malware, or harmful code, and not conducting any security vulnerability tests or scans without our written consent.
• Attempt to circumvent any usage limits, access controls, or license enforcement mechanisms that are a part of the Service.
• Use the Service to send unsolicited communications or advertisements (no spam), or to harass, stalk, or harm another person.
• Input or store any information in the Service that is highly sensitive or regulated (such as personal health information, payment card data, or other sensitive personal data) unless SkyStruct has expressly agreed in writing to handle such data and you comply with applicable laws related to that data. SkyStruct is a construction management platform and is not intended for highly sensitive personal data by default.

SkyStruct reserves the right to monitor compliance with these rules and investigate any suspected breaches. Violation of this Acceptable Use Policy may result in suspension or termination of your access (see Section 12 below) and may also subject you to legal penalties.

3.3 High-Risk Use: The Service is not designed or warranted for use in any environment requiring fail-safe performance or in which the failure of the Service could lead to death, personal injury, or severe physical or environmental damage (e.g. operation of nuclear facilities, air traffic control, life support machines). You agree not to use the Service for any such high-risk purposes.

4. Third-Party Services and Integrations

SkyStruct may provide features that allow you to integrate or use the Service in conjunction with Third-Party Services (for example, you might connect SkyStruct with a third-party document storage system, enterprise resource planning software, or other construction management tools). While these integrations can enhance your experience, it is important to understand:

4.1 No Endorsement or Warranty of Third-Party Services: Third-Party Services are independent from SkyStruct. Your use of any Third-Party Service is governed by that third party’s terms and privacy policies, not by SkyStruct’s terms. We do not make any representations or warranties about third-party platforms or services. If you choose to integrate or use any Third-Party Service with SkyStruct, you do so at your own risk. SkyStruct does not guarantee the continued availability or compatibility of any Third-Party Service integration. For example, if a third-party provider ceases to make their service available or changes their API, SkyStruct may cease providing features that integrate with that service without any liability or obligation to provide a refund or credit.

4.2 Data Exchange and Permissions: If you enable an integration between SkyStruct and a Third-Party Service, you grant SkyStruct permission to exchange your data and content with that Third-Party Service as necessary to operate the integration. You acknowledge that once this data exchange occurs, the third-party provider may have its own copies of your data. SkyStruct is not responsible for any disclosure, modification, or deletion of your data that is transmitted to, or caused by, a Third-Party Service. You should review the privacy and data handling practices of any Third-Party Service you use with SkyStruct.

4.3 Third-Party Terms and Consents: You are solely responsible for obtaining any necessary rights or consents for use of Third-Party Services with SkyStruct. You agree to comply with all third-party terms of use when using their services via SkyStruct. For instance, if you integrate with a third-party document management system, you must have the legal right to send data to that system and ensure that doing so does not violate any confidentiality or data protection obligations. SkyStruct is not responsible for your compliance with third-party terms.

4.4 No Liability for Third-Party Providers: SkyStruct disclaims all liability for any harm or damages arising from or relating to your use of any Third-Party Services. Any dispute or issue between you and a third-party provider must be resolved between you and that provider. We are happy to provide support regarding our own Service, but we cannot provide support for third-party products or services that we do not control.

5. White-Label and Partner Deployments

SkyStruct may at times be offered through authorized partners or on a white-label basis. For example, you might be invited to use SkyStruct through a financial institution or corporate partner that provides the platform under their own branding. The following terms apply in such situations:

5.1 Applicability of These Terms: Regardless of whether you access SkyStruct directly through our website or via a partner’s white-labeled portal, these SkyStruct Terms and Conditions will govern your use of the Service. The partner’s branding or additional terms (if any) are for that partner’s arrangement with you, but as between you and SkyStruct, this Agreement remains in effect. Using the Service via a partner does not void or alter the obligations and rights herein. In other words, even if the interface is co-branded or labeled with a partner’s name, your use of the underlying SkyStruct technology is still subject to these Terms.

5.2 Partner Commitments: Any promises, commitments, or representations made by a Partner (such as specific custom features, additional services, or payment arrangements through the Partner) are the responsibility of that Partner. SkyStruct is not liable for any acts or omissions of our Partners that are not expressly agreed to by SkyStruct. Likewise, SkyStruct’s only obligations regarding the Service are those set forth in these Terms (and any direct contract you have with us, if applicable); we are not bound by any separate agreements you may have with a reseller or partner. For example, if you purchased access to SkyStruct via a reseller or as part of a bundle deal with a third party, any claims related to the reseller’s services or other bundle components are between you and that reseller.

5.3 Data Sharing with Partners: You acknowledge that if you sign up through a Partner or use a white-label version, SkyStruct may share your account and usage information with that Partner as needed to fulfill the service (for instance, for user support, billing, or aggregated usage statistics). We will not share the content of your projects or confidential data with partners without your consent, except as necessary to provide the integrated service or as required by law. Any personal data shared will be handled in accordance with our Privacy Policy and any data processing agreements in place with the Partner.

5.4 No Third-Party Beneficiary: Partners and resellers are independent entities and not legally part of this Agreement as parties. They are not third-party beneficiaries of these Terms. This means that, while Partners may facilitate your access to SkyStruct, they cannot enforce these Terms on our behalf, nor can you hold us responsible for promises made by the Partner outside of this Agreement.

6. Fees, Payment and Taxes

6.1 Subscription Fees: SkyStruct is offered on a subscription or usage-fee basis (except any free trial or free tier we may provide). You agree to pay all fees specified for your chosen plan (e.g., monthly or annual subscription fees, user seat fees, or project-based fees) in accordance with the plan’s terms. Fees are typically listed in your order form, subscription plan details, or on our website. All fees are due in the currency and payment schedule specified.

6.2 Payment Terms: By providing a payment method (such as a credit card or bank details) and enrolling in a paid plan, you authorize us (or our payment processor) to charge your payment method for the applicable fees, including at recurring intervals for subscription renewals unless you cancel. Unless otherwise stated, payment is due in full at the beginning of each billing cycle. Late payments may accrue interest at the rate of 1.5% per month (or the highest rate allowed by law, if lower) from the due date until paid. We reserve the right to suspend or terminate your access to the Service if fees are past due, after providing you with a notice and an opportunity to cure the delinquency.

6.3 Taxes: Our fees do not include any taxes, levies, duties or similar governmental assessments (such as value-added tax, sales tax, or withholding taxes). You are responsible for paying any taxes that are assessed on the fees or your use of the Service (except taxes based on SkyStruct’s net income). If we are required by law to collect taxes, we will invoice you for such taxes and you agree to pay them, unless you provide a valid tax exemption certificate authorized by the appropriate taxing authority.

6.4 No Refunds: Except as expressly provided in these Terms or required by law, all payments are non-refundable. For example, if you cancel in the middle of a billing period, or if we terminate your account due to your violation of these Terms, you will not be entitled to a refund for the remaining period. We reserve the right to consider special refund requests on a case-by-case basis in our sole discretion (such as a refund for the unused portion of a prepaid annual plan if we terminate the Service without cause), but we are not obligated to provide any refunds.

6.5 Changes in Fees: SkyStruct may change the fees and introduce new charges for the Service from time to time, but will provide advance notice to you of any such changes, typically via email or through the Service. Fee changes will not apply retroactively; they will apply at the start of your next subscription term or other renewal. If you do not agree with a fee change, you may cancel your subscription before the new fees take effect. Continued use of the Service after the fee change becomes effective constitutes your agreement to pay the new amount.

7. Ownership and Intellectual Property

7.1 SkyStruct Ownership: SkyStruct (the company) and its licensors retain all right, title, and interest in and to the Service, including all software, code, algorithms, user interfaces, trademarks, logos, content provided by us, and all intellectual property and proprietary rights therein. Using our Service does not give you ownership of any intellectual property rights in the Service or in the content that is provided by SkyStruct. These rights are protected by copyright, trade secret, patent, and other applicable laws. You agree not to remove, alter, or obscure any copyright, trademark, or proprietary rights notices on the Service.

7.2 Customer Data: Customer Data refers to any data, information, content, or materials that you or your Authorized Users upload or input into SkyStruct in the course of using the Service (for example, project plans, schedules, budgets, documents, communications, or personal information about project stakeholders). As between you and SkyStruct, you retain all ownership and rights to your Customer Data. We do not claim ownership over the content you provide to us. However, by uploading or submitting Customer Data to the Service, you grant SkyStruct a worldwide, royalty-free, non-exclusive license to host, store, transfer, display, and otherwise use your Customer Data as necessary to provide and maintain the Service for you and your Authorized Users. This license also includes the right for us to use and modify your data in anonymized or aggregated form for our legitimate business purposes, such as to improve our services, develop new features, compile usage statistics, or create analytics (but not to disclose any of your confidential information or personal data in a way that identifies you or any individual).

7.3 Feedback: If you elect to provide any suggestions, recommendations, enhancement requests, corrections or other feedback regarding SkyStruct (“Feedback”), you hereby grant SkyStruct a perpetual, irrevocable, royalty-free, and sublicensable right to use, modify, and incorporate such Feedback into our products and services without any obligation to you. Feedback is entirely voluntary, but we value it, and you will not provide any Feedback that you consider confidential or proprietary.

7.4 Third-Party Materials: The Service may include or utilize software, data, or content licensed from third parties (“Third-Party Materials”), which may be subject to additional terms. SkyStruct’s use of Third-Party Materials is typically covered under agreements between SkyStruct and those providers. You agree that you will not attempt to separate any Third-Party Materials from the Service or use them outside the Service except as authorized. Any Third-Party Materials (such as open source components) included in the Service are provided “as is” without warranty and subject to their own license terms; to the extent required, those third-party terms are incorporated by reference or available within the Service documentation.

8. Data Privacy and Security

8.1 Privacy Policy: SkyStruct’s Privacy Policy describes our practices concerning the personal data we collect from users and how we process, protect, and disclose it. By using the Service, you acknowledge that you have read and understood the Privacy Policy. Where personal data of individuals (such as contact information of project members) is entered into SkyStruct, we will act in accordance with applicable data protection laws. In many cases, SkyStruct will be a “data processor” or “service provider” processing data on your behalf (especially if you are an organization using SkyStruct to manage projects involving personal information of third parties), and you remain the “data controller” responsible for such personal data. If required by law (for instance, under the EU General Data Protection Regulation (GDPR) or similar regulations), we are willing to enter into a separate Data Processing Agreement (DPA) with you to govern our processing of personal data on your behalf. You agree that you have obtained all necessary consents or legal bases from individuals whose personal data you input into the Service, allowing SkyStruct to process such data as described in the Privacy Policy and these Terms.

8.2 Data Security: We take data security seriously and implement commercially reasonable technical and organizational measures designed to protect Customer Data against unauthorized access, alteration, and loss. These measures may include encryption of data at rest or in transit, access controls, regular security assessments, and backup procedures. However, you understand that no security is 100% foolproof, and we cannot guarantee absolute security. You are responsible for maintaining the security of your account credentials as noted above, and for any vulnerabilities introduced by your own configuration or use of the Service (for example, if you choose to share data publicly or do not apply available security settings). If SkyStruct becomes aware of a data breach affecting your Customer Data, we will notify you as required by law and work diligently to contain and remedy the breach.

8.3 Data Backups and Retention: SkyStruct performs regular backups of Customer Data for disaster recovery purposes. However, we do not guarantee that any particular data will never be lost or corrupted. You are encouraged to export or download important data periodically and to maintain your own backup copies of critical information. In the event of any loss of data, we will use reasonable efforts to restore it from our latest backups, but SkyStruct shall not be liable for any loss, alteration, or unrecoverability of Customer Data. Our data retention practices are as follows: during the term of your subscription, your Customer Data will be retained in the Service and accessible to you (except for temporary downtime or maintenance). Upon termination of your account, we may delete or anonymize your data after a retention period (see Termination section below for details). We are not obligated to retain your data after that period, unless otherwise required by law or agreed with you in writing.

8.4 Data Localization and Transfers: You acknowledge and agree that SkyStruct may store and process Customer Data (including personal information) on servers located in countries other than your own, unless restricted by applicable law. SkyStruct’s primary operations may be in [Specify Primary Hosting Locations], but we may use cloud infrastructure or sub-processors in various jurisdictions to ensure performance and reliability. If you require that your data be stored only in a specific region (data residency), you must inform us in advance and obtain our agreement; additional fees or terms may apply for a specific hosting region. SkyStruct will not knowingly store personal data in a country where such storage would violate data localization laws that apply to the Customer without appropriate safeguards. When we transfer personal data from one jurisdiction to another, we will do so using legally recognized transfer mechanisms or safeguards (for example, Standard Contractual Clauses for EU personal data) to protect the data. By using the Service, you give consent for such cross-border data transfers, except to the extent prohibited by mandatory local data laws. If you or your Authorized Users are located in a jurisdiction with strict data localization requirements, you are responsible for notifying SkyStruct and limiting use of the Service to data that is permitted to leave that jurisdiction.

9. Service Levels and Availability

SkyStruct is committed to providing a reliable service to support your construction projects. This section outlines our uptime commitments and your remedies in case of service outages or performance issues.

9.1 Uptime Commitment: We strive to have the SkyStruct Service available and fully operational at least 99.5% of the time in any given calendar month. This is our Service Level Commitment. “Available” means the core functionalities of the Service are accessible and usable, not including downtime for scheduled maintenance or factors outside our control (as described below). We will monitor the Service’s uptime on a continuous basis. Uptime percentage is generally calculated by subtracting from 100% the percentage of minutes during the month in which the Service was unavailable, excluding Excused Downtime (defined in 9.3).

9.2 Scheduled Maintenance: To ensure optimal performance and security, SkyStruct may periodically perform scheduled maintenance. We will endeavor to schedule maintenance during low-usage hours and, when feasible, provide you with at least 24-48 hours advance notice via email or in-app notification. Scheduled maintenance windows during which the Service may be offline or degraded are not counted as downtime for purposes of our uptime commitment. We will also make reasonable efforts to limit the frequency and duration of such maintenance.

9.3 Excused Downtime: In calculating uptime, we will exclude downtime that results from: (a) Scheduled maintenance (covered above); (b) Force Majeure events (see the Force Majeure clause below – e.g., events outside our reasonable control like major Internet outages, cloud provider failures, natural disasters, etc.); (c) Your actions or configurations, such as misuse of the Service, requests to take down your service or limit it, or other actions by you or your agents that cause downtime; (d) Third-Party Services or equipment problems, including issues with your own internet connectivity or third-party integrations that impact Service availability; and (e) Beta or trial features that are identified as such (since these may be less stable by nature). These are collectively “Excused Downtime”.

9.4 Service Credits for Downtime: If in any calendar month the Service availability falls below our 99.5% commitment due to issues within SkyStruct’s control (i.e., not counting Excused Downtime), you will be eligible, upon request, for a Service Credit as follows:

• For Monthly Uptime Percentage between 99.0% and 99.5% (inclusive): credit of 5% of your monthly fee for the affected month.
• For Monthly Uptime Percentage between 98.0% and 98.9%: credit of 10% of your monthly fee.
• For Monthly Uptime Percentage below 98.0%: credit of 20% of your monthly fee.

These credits are calculated as a percentage of the base monthly subscription fee for the Service for that month (or pro-rated for annual subscribers). If you have a multi-year or annual prepaid plan, the credit will be based on the equivalent monthly fee by dividing your fee. To receive a service credit, you must contact SkyStruct support within 30 days of the end of the month in which the uptime commitment was not met, providing details of the outage(s). We will verify the downtime against our logs. Approved Service Credits will be applied to your next billing cycle (or a refund issued if no further billing remains). Service Credits are your sole and exclusive remedy for any failure by SkyStruct to meet the uptime commitment. Service Credits cannot be exchanged for cash or other forms of payment, are non-transferable, and are capped to at most one month’s worth of fees for the period of unavailability.

9.5 Disclaimer on Uptime: While we commit to the targets above, you understand that software services may be subject to occasional disruptions, and except for the Service Credits described, SkyStruct will not be liable for any damages due to downtime beyond the credit. In particular, SkyStruct is not liable for any business losses, project delays, or other harm that may result from service unavailability (see Limitation of Liability, Section 11). We will, however, make commercially reasonable efforts to avoid downtime and resolve any service issues as quickly as possible.

10. Support Services

10.1 Standard Support: SkyStruct provides standard customer support for all paying customers at no additional charge. Support is available via email at [support@skystruct.com] and through our online helpdesk portal. Our support hours are [e.g., 9:00 to 18:00 local Qatar time (GMT+3), Sunday through Thursday] (Note: we will adjust business hours to local norms, excluding public holidays). We aim to respond to support inquiries within one business day. For critical issues (such as the Service being completely inaccessible), we strive to respond as soon as possible (typically within a few hours during support hours). While we do not guarantee a specific resolution time, we prioritize high-severity issues and will keep you informed of progress.

10.2 Support Scope: Support inquiries may include questions on using the Service, problem reports, and technical troubleshooting. We will use reasonable efforts to resolve issues or provide workarounds. However, support does not cover training, consulting, on-site support, or issues caused by misuse or unauthorized modifications of the Service. Complex issues or feature requests may be escalated to our development team, in which case we will provide you with updates or an ETA for a fix if one is planned.

10.3 Premium Support (if offered): If you have purchased a premium support package or if your enterprise agreement provides for dedicated support (such as 24/7 support or a named account manager), the terms of that arrangement (such as guaranteed response times or phone support) will apply as documented in your order or service level addendum. In absence of a separate premium support agreement, the standard support described above applies.

10.4 Construction Project Support Disclaimer: SkyStruct’s support team can assist with technical issues related to the software, but we are not consultants for your actual construction project management. Any suggestions by our staff regarding project scheduling, budgeting, or other construction-related matters are provided for general guidance in using the software only, and you should rely on your own professionals and judgment for project decisions.

10.5 Language: Support is provided in English [and Arabic – if applicable]. We will do our best to assist customers from various regions, but communications will primarily be in English unless otherwise specified.

11. Warranties and Disclaimers

11.1 SkyStruct’s Warranties: SkyStruct represents that it has the legal right to enter this agreement and to provide the Service as described. We warrant that we will provide the Service and any professional services with reasonable skill and care, consistent with industry standards. We also warrant that the Service will materially perform as described in our documentation and marketing materials, however, we do not guarantee that the Service will be absolutely perfect or free of errors. If you identify a reproducible defect in the Service that causes it not to conform to the documentation, and notify us, we will make good faith efforts to correct it in a timely manner. This warranty is void to the extent the non-conformance is due to misuse of the Service or use with unsupported configurations.

11.2 Disclaimer of Warranties: Except as expressly provided above, SkyStruct provides the Service “AS IS” and “AS AVAILABLE”. To the maximum extent permitted by law, SkyStruct disclaims all other warranties and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will meet all of your requirements, or that operation of the Service will be uninterrupted, completely secure, or error-free. SkyStruct expressly disclaims any warranty that use of the Service will result in any specific outcome in your construction projects – for example, we do not guarantee that using SkyStruct will prevent delays, cost overruns, or other issues in your project. The Service is a tool to assist you, but managing the project remains your responsibility. You assume all risk as to the results, quality, and performance of the Service in your specific use case.

No advice or information, whether oral or written, obtained from SkyStruct or through the Service shall create any warranty not expressly stated in these Terms. You understand that construction projects are complex and subject to many variables; SkyStruct is not providing engineering, architectural, or other professional advice and does not warrant the accuracy or completeness of any data or outputs (e.g., reports, schedules) generated by the Service when applied to real-world situations. Always verify critical information independently.

11.3 Third-Party Disclaimers: Any Third-Party Services, as noted above, are not warranted or supported by SkyStruct. Also, any open source software or third-party components included in the Service are provided “as is” without any warranty. SkyStruct makes no warranty regarding, and will have no responsibility for, any claim arising out of: (a) a modification of the Service made by anyone other than SkyStruct, unless authorized by us; or (b) use of the Service in combination with any third-party products or services (including Third-Party Services) not provided by SkyStruct.

11.4 Your Warranties: You warrant that you have the right to enter and provide all data you input into the Service and that such data (including Customer Data) and your use of that data in the Service will not violate any law or infringe any rights of any third party. You also warrant that you will use the Service in compliance with these Terms and all applicable laws and regulations.

12. Limitation of Liability

12.1 Indirect Damages: To the fullest extent permitted by law, in no event will SkyStruct be liable for any special, indirect, incidental, consequential, punitive, or exemplary damages whatsoever arising out of or in connection with this Agreement or the use of or inability to use the Service. This exclusion includes, without limitation, damages for lost profits, lost revenue, lost business opportunities, loss of goodwill, business interruption, or loss of data, even if we have been advised of the possibility of such damages. SkyStruct will not be liable for any delays in construction projects, cost overruns, or failures to meet deadlines or budgets that you may experience, even if you claim such issues were caused by or related to the use or unavailability of the Service. All such damages are disclaimed and excluded, whether they arise in contract, tort (negligence), strict liability, or under any other theory.

12.2 Direct Damages Cap: SkyStruct’s total cumulative liability to you for all claims arising out of or relating to this Agreement or the Service shall not exceed the total amount of fees you paid to SkyStruct in the twelve (12) months immediately preceding the event giving rise to the liability. If you are on a free plan or trial and have paid no fees, SkyStruct’s total liability shall not exceed USD $100 (or the minimum amount allowable by law if greater than $100). This limitation is cumulative and not per-incident; multiple claims will not increase the cap.

12.3 Exceptions: The limitations in this Section 12 will not apply to the extent prohibited by law or to certain specific liabilities that cannot be limited under law. For example, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential damages. In such a jurisdiction, the above exclusions and limitations shall apply only to the maximum extent permitted by the law. Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, or death/personal injury caused by negligence to the extent that such liability cannot be excluded or limited by applicable law.

12.4 Essential Basis of Bargain: You acknowledge that SkyStruct has set its fees and entered into this Agreement in reliance on the disclaimers of warranty and the limitations of liability set forth herein, that the same reflect an agreed allocation of risk between the parties, and that the fees would be higher if SkyStruct had to assume additional liability. These limitations form an essential basis of the bargain between the parties. The limitations and exclusions in this Section (and elsewhere in this Agreement) shall apply even if a remedy fails of its essential purpose.

13. Indemnification

13.1 Your Indemnity to SkyStruct: You agree to defend, indemnify, and hold harmless SkyStruct and its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, demands, suits, or proceedings, and all related liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with: (a) your or your Authorized Users’ breach of these Terms or violation of applicable law; (b) any Customer Data or content that you or your users submit, post, or transmit through the Service (including claims that such data infringes or misappropriates a third party’s intellectual property, confidentiality, or privacy rights); or (c) your use of the Service in violation of these Terms or other than as intended by SkyStruct. We reserve the right, at our option, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations), in which case you agree to cooperate with our defense of such claim as reasonably requested.

13.2 Procedure: If SkyStruct seeks indemnification from you, we will promptly notify you in writing of the claim (provided that failure to promptly notify will only relieve you of your obligations under this Section to the extent you are materially prejudiced by that failure). You shall assume control of the defense and settlement of the claim, provided that (i) SkyStruct may at any time elect to participate in the defense at its own expense, and (ii) you may not settle any claim in a manner that admits fault on SkyStruct’s part, imposes liability or obligations on SkyStruct, or requires SkyStruct to make any payments, without our prior written consent.

13.3 SkyStruct’s Indemnity (Intellectual Property): SkyStruct will defend you (the account owner) against any third-party claim alleging that the SkyStruct Service, as provided by us and used in accordance with these Terms, directly infringes a patent, copyright, or trademark, or misappropriates a trade secret of a third party, and we will pay any damages finally awarded or settlement amounts agreed to by us for such claims. This obligation is subject to you: (a) promptly notifying SkyStruct of the claim, (b) giving SkyStruct sole control of the defense and settlement of the claim, and (c) providing SkyStruct with all requested cooperation. If such an infringement claim is made or appears possible, SkyStruct may, at its option, either: (i) procure for you the right to continue using the Service; (ii) modify or replace the Service or infringing part thereof to make it non-infringing; or (iii) if SkyStruct determines that neither of the foregoing options is reasonably available, terminate your use of the Service (with a pro-rata refund of prepaid fees for the terminated portion of the Subscription Term). SkyStruct will not be liable under this Section 13.3 for any claim to the extent it arises from: (1) your or a third party’s modifications to the Service; (2) your combination of the Service with any other product, service, or data not provided by SkyStruct; or (3) your use of the Service in breach of these Terms. This Section 13.3 states SkyStruct’s sole liability, and your exclusive remedy, for any intellectual property infringement claims regarding the Service.

14. Term and Termination

14.1 Term of Agreement: These Terms are effective as of the date you first accept them (by using the Service or otherwise indicating agreement) and continue in effect until terminated as provided herein. Each subscription to the Service has a subscription period (e.g., monthly or annual). Unless earlier terminated, your right to use the Service continues for the subscription period for which you have paid, and will automatically renew for successive periods of equal length unless either party gives notice of non-renewal prior to the end of the then-current period (or you turn off auto-renewal via the account settings, if that feature is available).

14.2 Termination by You: You may stop using the Service and terminate your account at any time for any reason. If you wish to terminate, you can do so by notifying SkyStruct through the Service interface or contact support to request account deletion. If you terminate a paid subscription before the end of a period, no refunds will be provided for the unused portion (see Section 6.4) except at our discretion.

14.3 Suspension or Termination by SkyStruct: We may suspend or terminate your access to the Service (or terminate this Agreement in its entirety) under the following circumstances: (a) Breach: if you materially breach any provision of these Terms and (if curable) fail to cure the breach within 10 days after notice from us (for example, non-payment of fees, or misuse of the Service violating the Acceptable Use Policy); (b) Insolvency: if you cease operation, make an assignment for the benefit of creditors, or become the subject of any bankruptcy, liquidation or similar proceeding; (c) Required by Law: if we are required to do so by law or a governmental order; or (d) Immediate Suspension: if your use of the Service (including the content you upload) is, in our reasonable judgment, causing harm to other users or the security, integrity or availability of the Service, or is in violation of law, we may immediately suspend your account without notice. We will make a good-faith effort to contact you in such cases and to limit the suspension to the affected portion of the Service (if possible) until the issue is resolved.

14.4 Effect of Termination: Upon termination of your account or this Agreement: (i) cessation of access: your right to access or use the Service will immediately cease, and SkyStruct may disable or delete your account and all associated Authorized User accounts; (ii) payment obligations: you remain responsible for any outstanding fees owed up to the date of termination (we may charge your payment method or invoice you for any unpaid pro-rata fees as of termination); and (iii) data retrieval: Data Deletion: We will retain your Customer Data for a limited period of [30 days] after termination to allow you to request export of your data (if you terminated voluntarily or if we terminated without cause). After such period, we will delete or anonymize your Customer Data in our systems, except to the extent retention is required by law or permitted for SkyStruct’s legitimate business purposes (e.g., keeping backup copies for a limited time or retention of logs for security). It is your responsibility to export any data you need prior to the end of this retention period. We have no obligation to retain data beyond this period.

14.5 Surviving Provisions: Any provisions of these Terms that by their nature should survive termination (such as accrued rights to payment, confidentiality obligations, warranty disclaimers, indemnities, limitations of liability, and governing law) shall survive the expiration or termination of this Agreement.

15. Force Majeure

SkyStruct shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from events or circumstances beyond its reasonable control. This includes, but is not limited to: acts of God, fire, flood, earthquake, unusually severe weather, explosions, war, terrorism, civil unrest, pandemics or epidemics, strikes or labor disputes (excluding those involving SkyStruct’s own employees), embargoes, government orders or regulations, Internet or telecommunication failures, power outages, or failures of third-party service providers (e.g. cloud infrastructure or hosting providers) (each a “Force Majeure Event”). During a Force Majeure Event, SkyStruct’s obligations under this Agreement are suspended to the extent affected by the event. We will make reasonable efforts to mitigate the impact and resume full performance as soon as feasible. This provision does not excuse your obligation to pay for services already rendered. However, if a Force Majeure Event continues for an extended period (e.g., more than 60 days), either party may have the right to terminate the Agreement upon written notice to the other.

16. Governing Law and Dispute Resolution

16.1 Governing Law: This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the State of Qatar, without regard to its conflict of laws principles. However, we acknowledge that as a global service, mandatory consumer protection laws or data protection laws of your country of residence may apply to you to the extent those laws cannot be waived by contract. For commercial users, the chosen governing law will apply to the fullest extent.

16.2 Jurisdiction: The courts located in the State of Qatar shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement or its subject matter, provided that SkyStruct may seek injunctive or equitable relief in any jurisdiction to protect its intellectual property or confidential information. You agree to submit to the personal jurisdiction of such courts. If you are a consumer user residing outside Qatar, you may have the right to bring proceedings in your local jurisdiction under certain consumer laws; these Terms are not intended to limit any such rights that cannot be waived.

16.3 Dispute Resolution; Good Faith Negotiations: Before resorting to litigation, we strongly encourage the parties to first attempt to resolve any dispute, controversy, or claim arising out of or relating to this Agreement through good-faith negotiations. Either party may initiate this process by providing written notice to the other describing the dispute and proposed resolution. If the parties are unable to resolve the dispute within 30 days of such notice, then either party may pursue formal legal remedies as outlined above. (Optional: The parties may agree to alternative dispute resolution methods such as mediation or arbitration in a separate agreement or addendum, but unless expressly agreed, disputes will be resolved in court as stated.)

17. Miscellaneous

• Entire Agreement: These Terms (along with any referenced documents like the Privacy Policy, and any applicable Order Form or supplemental agreements between you and SkyStruct) constitute the entire agreement between you and SkyStruct regarding the Service, and supersede all prior and contemporaneous understandings or agreements, whether written or oral, regarding the subject matter. Any additional or different terms in any purchase order or other response by you shall be void and of no effect unless expressly agreed in writing by SkyStruct.
• Amendments: SkyStruct may update or modify these Terms from time to time. When we do, we will provide notice to you by posting the revised Terms on our website and/or contacting you via email or in-service notification. Any changes will not be retroactive; they will become effective no sooner than 15 days after posting (or as required by law). However, changes addressing new functions of the Service or changes made for legal reasons may become effective immediately. If you object to the updated Terms, you should stop using the Service and may terminate your account. Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of the changes.
• No Waiver: The failure of either party to enforce any provision of these Terms or to exercise any right or remedy shall not constitute a waiver of that provision, right, or remedy. Any waiver must be explicit and in writing to be effective, and shall apply only to the specific instance explicitly stated.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. The parties will negotiate in good faith a valid and enforceable provision that most nearly effectuates the original intent of the invalid provision.
• Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without SkyStruct’s prior written consent. Any attempted assignment in violation of this section is void. SkyStruct may assign or transfer this Agreement, in whole or in part, to any affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets related to these Terms, and you hereby consent to such assignment. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
• Relationship of Parties: You and SkyStruct are independent contracting parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has authority to bind the other or incur obligations on the other’s behalf without prior written consent.
• No Third-Party Beneficiaries: There are no third-party beneficiaries to this Agreement. This means that no one other than you and SkyStruct (and permitted successors/assigns) can enforce the terms of this Agreement. In particular, your Authorized Users do not have rights as third-party beneficiaries; your rights vis-à-vis us cover your users, but it is your responsibility to ensure they comply.
• Notices: SkyStruct may send you notices under this Agreement (including notices of changes to these Terms) via email to the address associated with your account, via posting on our website, within the Service, or through any other reasonable means. You are responsible for keeping your account email updated. Official notices to SkyStruct must be sent to our registered address Tech 2, Qatar Science & Technology Park, Doha, Qatar with a copy emailed to [legal@skystruct.com]. Notices are deemed given (a) when confirmed as received, if by courier, hand delivery or facsimile; (b) on the fifth business day after mailing, if by international airmail; or (c) on the first business day after sending by email (unless a bounce-back or error message is received).
• Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
• Language: These Terms are written in English. If we provide a translation in another language, it is for convenience only. In the event of any conflict between the English text and any translation, the English version will control.
• Contact Information: If you have any questions about these Terms or need to contact SkyStruct for any reason, please contact us at: [support@skystruct.com].

By using the SkyStruct Service, you acknowledge that you have read, understood, and agree to all the terms and conditions in this Agreement. Thank you for choosing SkyStruct to help manage your construction projects efficiently and effectively! We are excited to support your projects and continuously improve our platform to meet your needs.