The fastest tool to generate accurate quotations for complex service projects.
These Terms of Use ("Terms") govern the access to and use of PricePoint quoting software platform ("the Software" or "the Service") provided to authorized users within the company using the software ("the Organization"). By accessing or using the Software, all users agree to be bound by the terms and conditions set forth herein.
1. ACCEPTANCE OF TERMS
1.1 By accessing or using the Software, users acknowledge that they have read, understood, and agree to be bound by these Terms of Use in their entirety. If a user does not agree with any part of these Terms, they must immediately discontinue use of the Software. 1.2 Continued use of the Software following any updates, amendments, or modifications to these Terms constitutes ongoing acceptance of such changes. Users are deemed to have accepted the most current version of these Terms each time they access the Software.
2. DESCRIPTION OF SERVICE
2.1 The Software is an internal quoting platform designed to enable authorized users to generate, manage, track, and administer quotations, proposals, and related documentation on behalf of the Organization. 2.2 The Software is provided on an "AS-IS" and "AS-AVAILABLE" basis. No representations or guarantees are made regarding the accuracy, completeness, reliability, or suitability of the Software for any particular purpose.
3. USER AND ORGANIZATIONAL RISK ACKNOWLEDGMENT
3.1 ALL USERS AND THE ORGANIZATION ACCESS AND USE THE SOFTWARE ENTIRELY AT THEIR OWN RISK. 3.2 Neither the developer, administrator, nor any other party involved in building, maintaining, deploying, or hosting the Software shall bear any responsibility whatsoever for outcomes, consequences, or losses arising from the use of, reliance upon, or inability to use the Software. 3.3 Users expressly acknowledge and agree that all decisions made using data, outputs, quotations, calculations, or any other information generated by the Software are solely the responsibility of the user and/or the Organization. The developer and administrator shall have no involvement in, and accept no responsibility for, any business decisions or actions taken based on such outputs.
4. LIMITATION OF LIABILITY
4.1 ZERO LIABILITY: THE DEVELOPER AND ADMINISTRATOR OF THE SOFTWARE ACCEPT ZERO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE SOFTWARE, HOWSOEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY. 4.2 Without limiting the generality of the foregoing, this limitation of liability includes, but is not limited to, damages arising from: ● Loss of data or corruption of data; ● Loss of revenue, profits, or anticipated savings; ● Business interruption or disruption; ● Errors, inaccuracies, or omissions in quotations, calculations, or outputs; ● System downtime, whether planned or unplanned; ● Unauthorized access to, or alteration of, data or systems; ● Any other losses, damages, or costs however caused. 4.3 This limitation of liability applies to the fullest extent permitted by applicable law, regardless of whether the claim is based in contract, tort (including negligence), strict liability, statute, or any other legal theory, and regardless of whether the developer or administrator has been advised of the possibility of such damages. 4.4 Users and the Organization assume all risk associated with the use of the Software, including any reliance placed on its outputs, functionality, or availability.
5. DATA SAFEGUARDING
5.1 Reasonable Efforts Only: The developer and administrator will make reasonable efforts to safeguard data stored within the Software, including implementing standard security practices where practicable. Such efforts are provided on a best-effort basis and do not constitute a guarantee of data protection. 5.2 NO GUARANTEES: DESPITE THESE EFFORTS, NO RESPONSIBILITY IS ACCEPTED FOR THE SAFETY, SECURITY, CONFIDENTIALITY, ACCESS, AVAILABILITY, OR INTEGRITY OF ANY DATA ENTERED INTO, STORED BY, OR GENERATED BY THE SOFTWARE. 5.3 Users acknowledge that data may be lost, corrupted, rendered inaccessible, or otherwise compromised due to, including but not limited to, technical failures, software errors or bugs, hardware malfunctions, cyber incidents, security breaches, or other unforeseen circumstances beyond the control of the developer or administrator. 5.4 Users and the Organization are strongly encouraged to maintain their own independent backups of all critical data. The developer and administrator shall not be responsible for the restoration or recovery of any data that has not been independently backed up by the user or the Organization.
6. SERVICE AVAILABILITY AND DISCONTINUATION
6.1 THE SERVICE MAY BE MODIFIED, SUSPENDED, OR TAKEN OFFLINE AT ANY TIME, WITH OR WITHOUT PRIOR NOTICE, AT THE SOLE DISCRETION OF THE DEVELOPER OR ADMINISTRATOR. 6.2 There is no guarantee of uptime, availability, performance, or continuity of the Service. The developer and administrator make no representations regarding the reliability or uninterrupted operation of the Software. 6.3 No liability shall arise from any period of unavailability, whether planned or unplanned, including but not limited to maintenance windows, technical outages, infrastructure failures, or permanent discontinuation of the Service.
7. DATABASE RECOVERY AND TRANSFER
7.1 In the event the Service is discontinued or taken offline, the developer or administrator will make reasonable efforts to recover or transfer the database and its contents to the Organization or a designated party identified by the Organization. 7.2 However, successful recovery or transfer of data is not guaranteed. The developer and administrator accept no liability for any failure to recover or transfer data, whether in whole or in part, and regardless of the cause of such failure. 7.3 Any costs, fees, or expenses associated with data recovery, extraction, migration, or transfer efforts may be the sole responsibility of the Organization. The developer or administrator shall not be obligated to bear such costs unless otherwise agreed in writing.
8. NO WARRANTY
8.1 THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, reliability, or non-infringement. 8.2 No representation or warranty is made that the Software will be error-free, uninterrupted, secure, free of viruses or harmful components, or that it will meet any particular requirements, expectations, or specifications of the user or the Organization.
9. INDEMNIFICATION
9.1 Users and the Organization agree to indemnify, defend, and hold harmless the developer and administrator, and their respective officers, agents, employees, and assigns, from and against any and all claims, demands, damages, losses, liabilities, costs, or expenses (including reasonable legal fees and disbursements) arising out of or in connection with: ● The user's or Organization's use of, or reliance upon, the Software; ● Any violation of these Terms of Use; ● Any breach of applicable law, regulation, or third-party rights arising from the use of the Software.
10. MODIFICATIONS TO TERMS
10.1 These Terms of Use may be updated, amended, or modified at any time and at the sole discretion of the developer or administrator, without prior notice to users or the Organization. 10.2 Users are responsible for reviewing these Terms periodically to remain informed of any changes. Continued use of the Software following any modifications constitutes acceptance of the revised Terms in their entirety.
11. GOVERNING LAW
11.1 These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of laws principles. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Province of Alberta.
12. Intellectual Property
● All software, code, features, workflows, templates, and documentation within the Service are the exclusive property of Andrew Smith. ● Users may not copy, modify, distribute, or create derivative works of the Service. ● All PricePoint trademarks, logos, and branding remain the property of Andrew Smith.