Terms of Service
Effective Date: [Insert Date]
These Terms of Service ("Terms") govern your access to and use of the TamCost estimating software and related services (the "Software"), provided by TamCost ("Company," "we," or "us"). By accessing or using the Software, you agree to be bound by these Terms.
1. Purpose of the Software
The Software is designed to assist qualified construction professionals in preparing construction cost estimates, pricing, and related documentation.
The Software provides tools to:
- build quantities and assemblies,
- apply unit costs and pricing,
- calculate totals and pricing structures,
- organize estimating data and workflows.
The Software does not independently evaluate project scope, site conditions, constructability, or contractual risk.
2. Professional Use and User Responsibility
You acknowledge and agree that:
- You are responsible for ensuring that users of the Software are competent professionals with appropriate experience in construction estimating.
- All data inputs, assumptions, pricing, methodologies, and interpretations are provided or selected by you.
- All estimates generated using the Software must be reviewed, verified, and approved by you prior to bid submission or use.
- The decision to submit a bid or rely on an estimate is made solely by you.
- The Company does not make decisions on your behalf and does not assume responsibility for bid outcomes, project performance, or financial results.
3. No Professional Advice
The Software does not provide engineering, legal, financial, or professional advisory services. Use of the Software does not create a professional services relationship between you and the Company.
4. Accuracy and Limitations
Construction estimating involves inherent uncertainty. Actual costs and outcomes may vary due to factors including, but not limited to:
- labour productivity,
- material price fluctuations,
- equipment availability,
- site conditions,
- weather,
- schedule impacts,
- scope changes.
The Company does not warrant that estimates produced using the Software are accurate, complete, or suitable for any particular project.
5. Acceptable Use
You agree not to:
- reverse engineer or attempt to extract the Software's underlying logic or data;
- misuse or resell outputs for commercial redistribution without permission;
- interfere with system security or availability;
- use the Software in violation of applicable laws.
6. Fees and Subscription
[Insert pricing, billing terms, trials, refunds, etc.]
7. Limitation of Liability
To the maximum extent permitted by law:
- The Company shall not be liable for indirect, incidental, consequential, or economic damages, including lost profits, lost bids, or business interruption.
- The Company's total liability relating to the Software shall not exceed the fees paid by you to the Company in the twelve (12) months preceding the claim.
8. Disclaimer of Warranties
The Software is provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of accuracy, fitness for a particular purpose, or non‑infringement.
9. Termination
The Company may suspend or terminate access for violation of these Terms. Upon termination, your right to use the Software ceases.
10. Governing Law
These Terms are governed by the laws of [Province/State, Country], without regard to conflict of law principles.
11. Contact Information
TamCost
info@tamcost.com