Legal · Draft

STATIX — Terms of Service

DRAFT — NOT YET LEGALLY REVIEWED. Professional drafting for review and approval by a qualified South African attorney (and local counsel for other markets) before publication. Not legal advice. Complete all [bracketed] items before publication.

Service / Software: STATIX structural-engineering software, website and any related hosted services ("the Service") Provider: the STATIX design team, trading as [legal entity / sole proprietor], South Africa ("we", "us", "the Provider") Contact: [hello@statix.app] · legal: [legal@statix.app] · [registered address] Version: Draft 0.1 · Effective date: [to be set]

1. About these Terms

1.1 These Terms of Service ("Terms") govern your access to and use of the STATIX website, application and any hosted services. They apply together with, and incorporate by reference, the End-User Licence Agreement (EULA), the Engineering Disclaimer and Limitation of Liability, the Privacy Policy, the Cookie Policy and (for business customers) the Data Processing Addendum.

1.2 By creating an account, purchasing a subscription, or using the Service, you agree to these Terms. If you are using the Service for an organisation, you confirm you are authorised to bind it.

1.3 If any conflict arises, the order of precedence is: (a) any signed order form or written agreement; (b) the EULA; (c) the Engineering Disclaimer; (d) these Terms; (e) other policies — except that the more protective limitation of liability and the engineering-responsibility provisions always prevail to the extent the law allows.

2. Eligibility and accounts

2.1 You must be at least 18 years old and able to enter a binding contract.

2.2 You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Notify us promptly of any unauthorised use.

2.3 The Service is a professional tool intended for use by, or under the responsible supervision of, registered professional engineers and suitably qualified persons. By using it for any real-world purpose you confirm you fall into that category or are working under such supervision.

3. The Service and the engineering disclaimer

3.1 STATIX is a structural-engineering design aid. It performs analysis, design checks and reporting. It is not a substitute for professional engineering judgement. All output must be independently checked and verified by a competent engineer registered with the appropriate statutory body (in South Africa, ECSA) before any design, construction, fabrication, costing or certification use. That engineer remains solely responsible for the work.

3.2 You acknowledge the honest limits stated in the Engineering Disclaimer, including that the CBFEM connection capacity is still being calibrated against code results, that the shell finite-element analysis is a first version, and that design codes are referenced and not guaranteed to be the current edition. The Engineering Disclaimer governs all questions of warranty, accuracy and engineering responsibility.

4. Subscriptions, billing and renewals

4.1 Plans and pricing. Paid plans are offered on the tiers and at the prices published on our website or quoted to you. Prices may change for future terms on reasonable notice; locked or "founder" rates apply only as expressly stated and only while continuously subscribed.

4.2 Payment. Payments may be processed by a third-party merchant of record or payment provider (for example a global merchant of record for international cards and a local provider for ZAR). Their terms apply to the payment transaction. You authorise recurring charges for subscription renewals until you cancel.

4.3 Automatic renewal. Subscriptions renew automatically at the end of each term at the then-current price unless you cancel before the renewal date through your account or by contacting us.

4.4 Cancellation. You may cancel at any time; cancellation takes effect at the end of the current paid term, and you retain access until then. Except where the law or an express refund offer requires otherwise, fees already paid are non-refundable, and we do not provide pro-rata refunds for partial terms.

4.5 Trials. Free trials are time- or feature-limited as published, provided "as-is", and may convert to a paid plan only if you expressly opt in. We may modify or end trials at any time.

4.6 Taxes. Prices are exclusive or inclusive of VAT/taxes as stated at checkout; you are responsible for any taxes not collected by us or our merchant of record.

4.7 Consumer rights. Nothing in this clause removes any non-excludable right you have under the Consumer Protection Act 68 of 2008 or other applicable consumer-protection law (for example any statutory cooling-off right that applies to your purchase).

5. Acceptable use

You agree not to, and not to allow anyone to:

5.1 use the Service unlawfully, or in breach of the EULA or Engineering Disclaimer;

5.2 share, resell, rent, sublicense or provide service-bureau access beyond your licensed seats (see EULA clause 4);

5.3 reverse engineer, scrape, copy or extract the Service or its data sets except as the law non-excludably permits;

5.4 circumvent licensing, seat limits, watermarks or security measures;

5.5 upload content that is unlawful, infringing, malicious (malware), or that you have no right to upload;

5.6 interfere with, overload, probe or attack the Service or its infrastructure, or attempt unauthorised access; or

5.7 use the Service to develop a competing product.

We may investigate and respond to violations, including suspending or terminating access.

6. Your content and data

6.1 You retain all rights in the structural models, inputs and data you create, import or upload ("Your Content"). We claim no ownership of it or of your engineering deliverables.

6.2 The offline single-file edition keeps Your Content on your own device by design. Where you use any hosted, cloud, sharing or account feature, you grant us a limited licence to host, process and transmit Your Content solely to provide and support the Service, as described in the Privacy Policy and (for business customers) the Data Processing Addendum.

6.3 You are responsible for keeping your own backups of Your Content. We are not liable for loss of data you did not back up, to the extent the law allows.

6.4 You warrant that you have the rights necessary to upload and process Your Content and that doing so does not infringe any third party's rights or breach any confidentiality or data-protection obligation you owe.

7. Intellectual property

The Service, software, branding, name "STATIX", documentation and all related intellectual property are owned by us or our licensors and are protected by law. Except for the licence expressly granted in the EULA, no rights are granted to you. Third-party product names are referenced for context only and belong to their owners.

8. Third-party services

The Service may rely on third-party providers (for example hosting/CDN, payments, authentication and email). We are not responsible for third-party services beyond our reasonable control, but we choose reputable providers and address them in the Privacy Policy and Data Processing Addendum.

9. Availability, changes and support

9.1 We aim to keep any hosted Service available but do not guarantee uninterrupted or error-free operation. We may perform maintenance, and may modify, suspend or discontinue features. The offline edition continues to run independently of our servers by design.

9.2 Support is provided at the level stated for your tier (for example email, or email plus chat, or priority support). Free and trial tiers may have no support commitment.

10. Warranties and disclaimer

The Service and Software are provided "as is" and "as available", without warranty of any kind to the maximum extent permitted by law. The full warranty disclaimer and the honest engine scope-and-limits statement are in the Engineering Disclaimer, which applies to and is incorporated into these Terms.

11. Limitation of liability

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or in connection with the Service and these Terms is limited to the total fees you paid in the twelve (12) months before the event giving rise to the claim (and, for free/trial use, to [ZAR 1,000] or the maximum the law allows, whichever is lower); and we exclude all indirect, incidental and consequential loss (including loss of profit, data, goodwill, and any loss from reliance on unverified output). Nothing excludes liability that cannot lawfully be excluded, including under the Consumer Protection Act 68 of 2008 where it applies. The detailed limitation in the Engineering Disclaimer applies and is incorporated here.

12. Indemnity

To the extent permitted by law, you will indemnify us against third-party claims arising from your breach of these Terms, the EULA or the Engineering Disclaimer, your misuse of the Service, your content, or your use of unverified output for a real-world purpose.

13. Suspension and termination

13.1 We may suspend or terminate your access for material breach, non-payment, unlawful use, or risk to the Service or others, with notice where reasonably practicable.

13.2 You may stop using the Service and close your account at any time.

13.3 On termination you must stop using the Service; we will make Your Content available for export for a reasonable period (for hosted features) and then may delete it in accordance with the Privacy Policy. Clauses that should survive do so.

14. Disputes and governing law

14.1 These Terms are governed by the laws of the Republic of South Africa.

14.2 The parties submit to the non-exclusive jurisdiction of the South African courts. The parties will first attempt to resolve any dispute in good faith by negotiation, and may agree to mediation, before litigation. Nothing prevents either party from seeking urgent interim relief, and nothing affects any mandatory consumer right or forum available to you in your country of residence.

15. Changes to these Terms

We may update these Terms. For material changes we will give reasonable notice (for example by email or an in-product/website notice) before they take effect. Continued use after the effective date constitutes acceptance. If you do not accept a material change, you may stop using the Service and cancel.

16. Contact

Questions about these Terms: [legal@statix.app]. General: [hello@statix.app]. Postal: [registered address].

© [2026] STATIX design team. All rights reserved.

Reminder: this is a DRAFT for attorney review.