End User License Agreement (EULA)

Last updated: December 2024

This End User License Agreement ("Agreement") is between you and Everpoint Inc. ("Company", "we", "us", "our") regarding your use of VERTIQ software and services.

1. Grant of License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use VERTIQ for your internal business purposes.

This license does NOT grant you:

The right to sublicense, resell, or distribute the software
Access to source code or proprietary algorithms
The right to reverse engineer, decompile, or disassemble
Ownership of the software or any intellectual property

2. Intellectual Property Rights

2.1 Our Property

VERTIQ, including all software, algorithms, AI models, databases, user interface, design, and documentation, is owned by Everpoint Inc. and protected by U.S. and international copyright, trademark, and other intellectual property laws.

2.2 Your Data

You retain all rights to your project data, building information, and uploaded files. We claim no ownership over your input data.

2.3 AI-Generated Output

IMPORTANT: LEED analysis reports, energy modeling results, and other outputs generated by our AI are licensed to you for your use, but the underlying algorithms and methods remain our intellectual property.

3. Restrictions and Limitations

You agree NOT to:

Copy, modify, or create derivative works of the software
Reverse engineer, decompile, or attempt to extract source code
Remove or alter any copyright, trademark, or proprietary notices
Use the software to develop competing products or services
Scrape, mine, or extract data through automated means (except via official API)
Share your account credentials with others
Use the software for illegal or unauthorized purposes

4. Professional Disclaimer

⚠️ CRITICAL NOTICE

VERTIQ is a software tool that provides automated analysis and guidance. It is NOT a substitute for professional engineering, architectural, or LEED consulting services.

No Guarantee of LEED Certification: We do not guarantee that projects analyzed with VERTIQ will achieve LEED certification. Final approval depends on USGBC review.
Accuracy Limitations: While we strive for accuracy, AI-generated results may contain errors. Always verify critical data with qualified professionals.
Not Professional Advice: Output from VERTIQ should not be relied upon as engineering, architectural, or legal advice.
User Responsibility: You are responsible for validating all results and ensuring compliance with local codes and regulations.

5. Warranty Disclaimer

DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EVERPOINT INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY:

Indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or use
Business interruption or loss of business opportunity
Damages arising from failed LEED certification applications
Errors or inaccuracies in energy modeling or analysis results
Damages exceeding the amount you paid us in the 12 months prior to the claim

Some jurisdictions do not allow limitation of liability for consequential damages, so the above may not apply to you.

7. Payment Terms

7.1 Pricing Model

VERTIQ uses a pay-per-project pricing model. Each project requires a one-time payment. This is NOT a subscription service.

Current pricing is available in the application dashboard. We reserve the right to change prices with 30 days notice to existing users.

7.2 Free Tier

New users receive 1 (one) free project with full access to all features.

The free project includes all LEED analysis features with no limitations
This is a one-time offer per user account
Once you create your first project, subsequent projects require payment
Deleting your free project does NOT reset this offer

Creating multiple accounts to abuse the free tier violates this Agreement and may result in account termination without refund.

7.3 Payment Processing

All payments are processed securely through Stripe, a PCI-DSS compliant payment processor. By providing payment information, you represent that:

You are authorized to use the payment method
The payment information is accurate and current
You will notify us of any changes to your payment method

We do NOT store your credit card details on our servers. All payment data is securely stored by Stripe. Payments are subject to the Stripe Services Agreement.

7.4 Refund Policy

14-Day Money-Back Guarantee

If you are not satisfied with your paid project, you may request a full refund within 14 days of payment by contacting admin@everpoint.net.

Refund Conditions:

Refunds must be requested within 14 days of the original payment
Upon refund, the associated project will be permanently deleted
Refunds are processed to the original payment method within 5-10 business days
Projects involved in suspected fraud or Terms violations are not eligible for refunds

After 14 Days:

All sales are final. We do not provide refunds after 14 days except as required by law or at our sole discretion on a case-by-case basis.

7.5 Chargebacks and Disputes

Important Notice

If you dispute a charge with your bank or credit card company instead of contacting us first, your project will be immediately suspended pending investigation.

We encourage you to contact us at admin@everpoint.net before initiating a chargeback. Most billing issues can be resolved quickly and amicably.

Chargeback Policy:

Disputed projects are suspended immediately upon dispute notification
If the dispute is resolved in your favor, your project will be restored
If the dispute is resolved in our favor, the project will be permanently deleted
Fraudulent chargebacks may result in account termination and legal action

7.6 Taxes

All prices are exclusive of taxes. You are responsible for paying any applicable sales tax, VAT, GST, or other taxes based on your jurisdiction.

8. Data Usage and Privacy

8.1 Your Data

You retain ownership of your project data. We will not sell or share your data with third parties except as outlined in our Privacy Policy.

8.2 Data Processing

Your data may be processed using third-party services (Google Cloud, OpenAI) to provide AI-powered analysis. These providers have their own privacy policies.

8.3 Aggregated Data

We may use anonymized, aggregated data for improving our services, research, and benchmarking purposes.

8.4 Data Export

You can export your data at any time. Upon account termination, you have 30 days to download your data before it is permanently deleted.

9. Term and Termination

9.1 Term

This Agreement begins when you first access VERTIQ and continues until terminated.

9.2 Termination by You

You may terminate this Agreement at any time by closing your account and ceasing all use of the software.

9.3 Termination by Us

We may suspend or terminate your access immediately if you violate this Agreement, engage in fraudulent activity, or for any other reason at our discretion.

9.4 Effect of Termination

Upon termination, your license to use VERTIQ immediately ends. You must cease all use and may request a data export within 30 days.

10. Updates and Changes

10.1 Software Updates

We may update, modify, or discontinue features at any time without notice. Critical updates will be communicated via email.

10.2 Agreement Changes

We may modify this EULA at any time. Changes will be effective upon posting. Continued use after changes constitutes acceptance.

11. Export Control and Compliance

You agree to comply with all applicable U.S. and international export laws and regulations. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country.

12. Governing Law and Dispute Resolution

12.1 Governing Law

This Agreement is governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.

12.2 Dispute Resolution

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except for intellectual property disputes which may be brought in court.

12.3 Class Action Waiver

You agree that disputes will be resolved individually and waive any right to participate in class action lawsuits or class-wide arbitration.

13. Miscellaneous

13.1 Entire Agreement

This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Everpoint Inc.

13.2 Severability

If any provision is found unenforceable, the remaining provisions continue in full effect.

13.3 No Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

13.4 Assignment

You may not assign this Agreement without our written consent. We may assign this Agreement at any time without notice.

Contact Information

If you have questions about this EULA, please contact us:

Company: Everpoint Inc.

Email: admin@everpoint.net

Address: 251 Little Falls Dr, Wilmington, DE 19808

By using VERTIQ, you acknowledge that you have read, understood, and agree to be bound by this End User License Agreement.

Loading...

Please wait while we load the LEED Smart Analyzer.