End User License Agreement
This agreement is between you and SkyCiv Pty Ltd (ACN 605 703 071), a registered company under the Corporations Law of Australia. The agreement is held under Australian law.
By purchasing and using any SkyCiv Software you understand and agree to the following terms and conditions. If you do not agree to all the terms and conditions of this Agreement or if you do not have the authority to agree to all the terms and conditions of this Agreement on behalf of the licensee then you must not use the software.
Account Terms and Conditions
- SkyCiv accounts are not to be shared without our consent or redistributed as the work of another party. The software and calculators are all the intellectual property of SkyCiv Pty Ltd. Any violations of this will be considered an infringement of Copyright laws.
- SkyCiv accounts are designed for a SINGLE USER only. You will experience lockouts or suspensions if the account is used simultaneously in two or more locations or on more than a pre-determined number of devices per month. This is to protect unlawful use of SkyCiv products and software.
- All sales are final and there are no refunds unless under exceptional circumstances (e.g. you never received the account or you find a genuine fault with it). Please read the detailed features list of each product so you know exactly what you are purchasing before you agree to pay. We do not offer refunds or trials to prevent people using the software for their benefit (possibly to complete assignments and homework) and then asking for a refund once they have no use for it anymore.
- SkyCiv offers a 30-day grace period for refunds of annual recurring payments. Likewise a 4-day grace period is available for refunds of monthly recurring payments. The grace period begins at the time of the recurring charge. This is to protect users who have forgotten about their subscription and are charged the subscription fee when they no longer use the service. For this refund to be granted, the user must not have used the product during the grace period and must contact SkyCiv Support before the grace period ends.
- SkyCiv has the right to make any changes to the accessibility limits on Free Accounts and free software at any time, without notice.
- Payments will be charged on a pre-pay basis on the day you sign up for a Paid Account and will cover the use of that service for a monthly or annual subscription period as indicated. Unless you notify SkyCiv before the end of the applicable subscription period that you want to cancel the subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee using any credit card or other payment mechanism we have on record for you. If you wish to stop your subscription then simply deactivate the auto-billing which is done within the Account Settings of the software. There is no lock-in contract and you are free to cancel your subscription at any time provided that you are on a flexible subscription as opposed to a contract subscription. There are no cancellation fees. However, as point #4 states, there are no refunds. Once the grace period has ended (see point #5) and you have paid for the current period then the payment is final and your account will remain for the duration of your paid term.
- SkyCiv offers a 30 Day Guarantee on some products. If advertised the user can request a refund if they have found the product was not delivered as advertised or if there were any severe issues with the software which is at the discretion of the SkyCiv support staff.
- You may not rent, lease, sub-license, lend or transfer the Product to another person or legal entity without the prior written consent of SkyCiv.
- The SkyCiv Student Account is discounted software which must be used for educational purposes only. Any unlawful commercial usage can result in the immediate suspension of the user's account.
Software and Usage Terms and Conditions
- Results from any engineering software should always be double-checked when applied in real-life applications. As a SkyCiv user it is your responsibility to verify and validate the output of the software with some other independent means.
- As a user of SkyCiv software, particularly professional engineers, you agree to use sufficient duty of care when using SkyCiv's products. This includes not designing or constructing anything outside of your abilities and knowledge as an engineer. As with all engineering software, one should always question the results and perform sufficient checks that the results are logical and correct. SkyCiv and its individual creators take no responsibility for any damages, liabilities or consequences resulting from any use of our software.
- A party shall not be liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.
- The forces, materials and results are all based on theoretical input and solutions. With any structure or design, a wide variety of other factors can directly impact the actual results and behaviour of said structures. Some examples include other loads (e.g. wind), actual material properties, self-weight, age of structure etc. As a user you understand that such variables can strongly alter the results of SkyCiv products from reality and should be considered in your design and calculations.
- There are literally millions of possible combinations of supports, fixities, loads, members, materials and sections. This makes it impossible to test and ensure accuracy in every single possible scenario. As with any software there may be bugs or errors that cause it to function incorrectly. As a user you understand that although all SkyCiv Software goes through extensive testing, the risk of deviated results due to software failure is still possible.
- SkyCiv results are not to be used for design purposes unless signed off by a professional and competent structural engineer.
- You, at your sole expense, will defend, indemnify and hold SkyCiv harmless from and with respect to losses or damages (including reasonable attorneys’ fees and costs) incurred in connection with, any suit or proceeding brought by a third party against SkyCiv insofar as such suit or proceeding shall be based upon (i) any claim arising out of or relating to your use of the Product except where such claim alleges that the Software infringes or constitutes wrongful use of any copyright, trade secret, patent or trade mark of any third party; or (ii) any claim arising out of or relating to any act or omission by you. You will pay any damages and costs assessed against SkyCiv (or paid or payable by SkyCiv pursuant to a settlement agreement) in connection with such a suit or proceeding.
- SkyCiv reserves the right to use your structures and files as marketing material in the form of screenshots and visual mediums only. To opt out of this, please contact us. SkyCiv will never release your designs or files to a third party or any other subscriber without your permission.
- You agree to accept communication in the form of personal and marketing emails. You can opt out of these at anytime by clicking 'Unsubscribe' at the bottom of the email or by contacting us.
- SkyCiv may change the product automatically over time without notice and shall not be under any obligation to provide you with any notification of such change.
- As a registered user, you agree to have your information collected in accordance to the Australian Privacy Act 1988. This information can be used or distributed by SkyCiv as long as it is within the legal bounds of the Australian Privacy Act of 1988.
- SkyCiv will never share model, company or file data for users with Private File Storage
- SkyCiv will never share data or information collected from third party partners such as Microsoft, Autodesk or Slack. This information is to be used by SkyCiv to only enhance the user experience.
- Microsoft Teams App: The Microsoft Teams App only stores data from SkyCiv's end, no further data is collected via Microsoft Teams. If any data is stored in the future it will not be shared outside of SkyCiv and only be used to enhance the user experience.
- As a registered user, users agree to allowing SkyCiv to use company name and logo with comments ('used by') for marketing purposes for a period of 18 months from registration or the last date of subscription payment. Users can opt out of this at anytime by sending us an email at email@example.com.
- SkyCiv has the right to request student information from the user at any time to verify the user's student status on a SkyCiv Student Account.
- You understand that access temporarily blocked due to improper use, which may include the following:
- Excessive usage (more than 10 calls per minute)
- Excessively large models, comprising of one of the following: (i) more than 20,000 members (ii) more than 5,000 plate elements (iii) more than 20 functions
- The SkyCiv API is property of SkyCiv. Accessibility to the API can be retracted or charged per use by SkyCiv at any time, with a minimum of 30 days notice to the registered user. SkyCiv maintains full control and ownership of the API, regardless of its external application and usage.
- Repeated excessive usage and lockouts (from the above point) can result in the cancellation of SkyCiv API access.
If you have any questions or concerns about our policies please do not hesitate to contact us.