Terms of Service

1. ACCEPTANCE OF THE AGREEMENT

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you") and SwiftMEP ("SwiftMEP," "we," "us," or "our"). By accessing Swiftmep.ca (the "Service"), creating an account, or uploading any document, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Service.

2. THE SERVICE AS AN ASSISTANCE TOOL

SwiftMEP provides an automated, AI-augmented software platform designed to assist in the extraction of quantities and data from Mechanical, Electrical, Plumbing, and Fire Protection construction drawings.

2.1 NOT A PROFESSIONAL SERVICE

User acknowledges that SwiftMEP is a software-based estimation tool only. It does not provide professional engineering, architectural, or licensed trade advice. The involvement of Red Seal industry professionals in the development of our algorithms does not constitute a "stamped" or "certified" professional output.

2.2 NO GUARANTEE OF ACCURACY

While our system utilizes deterministic logic to achieve high precision, User acknowledges that AI and automated software may miss items, misinterpret symbols, or miscalculate data based on plan legibility, scale, or non-standard notations. SwiftMEP provides NO guarantee of 100% accuracy.

3. MANDATORY HUMAN-IN-THE-LOOP VERIFICATION

3.1 VERIFICATION REQUIREMENT

The Service is intended to provide a "first-pass" or "preliminary" takeoff. User is strictly required to:

• Perform a manual "spot-check" of all quantities against the original blueprints.
• Verify that the software has correctly interpreted the scale, title block notes, and trade-specific symbols.
• Confirm all high-value or long-lead items before including them in a bid or contract.

3.2 PROCUREMENT PROHIBITION

User shall NOT use the Service’s output as a final "Bill of Materials" for direct procurement of materials. SwiftMEP is not liable for costs associated with over-ordering or under-ordering materials based on unverified data. User assumes all risk for any bids submitted or materials ordered using the Service.

4. ELIGIBILITY & CONDUCT

4.1 CAPACITY

You must be at least 18 years old and have the legal authority to bind your company to these Terms.

4.2 ACCOUNT SECURITY

You are responsible for all activity under your account. Multi-user "account sharing" is prohibited and may result in immediate termination without refund.

4.3 PROHIBITED USE

You may not use the Service for competitive benchmarking, reverse-engineering our proprietary counting logic, or attempting to extract our training data/model architecture.

5. PAYMENT & REFUNDS

5.1 PRICING

Pricing is as displayed on the Service. User acknowledges that costs are incurred immediately upon the commencement of AI processing.

5.2 STRIPE PROCESSING

All payments are handled by Stripe. SwiftMEP does not store your credit card information.

5.3 ALL SALES FINAL

Because the Service incurs immediate computational and API costs, no refunds are provided once the "Processing" stage of an upload has begun, except in cases of catastrophic system failure as determined solely by SwiftMEP.

6. INTELLECTUAL PROPERTY & DATA

6.1 USER WARRANTIES

You represent and warrant that you own or have the express written license to upload the construction drawings. You agree to indemnify SwiftMEP against any third-party intellectual property or copyright claims (e.g., from architects or engineers) arising from your uploads.

6.2 DATA DELETION

We store plans and outputs for 30 days for your convenience, after which they are permanently purged via automated lifecycle rules. It is your sole responsibility to download your Excel outputs within this window. Once deleted, data is non-recoverable.

6.3 AI TRAINING LICENSE

You grant SwiftMEP a non-exclusive, royalty-free license to use de-identified, geometry-only data from your uploads to improve our internal algorithms. This data will never be shared with third parties in a way that identifies you, your firm, or your specific project.

7. LIMITATION OF LIABILITY (THE SHIELD)

7.1 EXCLUSION OF DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWIFTMEP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• LOST PROFITS, REVENUE, OR LOST CONTRACTS.
• BIDDING ERRORS, "MISSES," OR ESTIMATION DISCREPANCIES.
• CONSTRUCTION DELAYS OR LIQUIDATED DAMAGES.
• MATERIAL OVERAGES OR SHORTAGES.

7.2 TOTAL LIABILITY CAP

SWIFTMEP’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF THE SERVICE SHALL NOT EXCEED THE GREATER OF $100.00 CAD OR THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

7.3 BASIS OF THE BARGAIN

USER ACKNOWLEDGES THAT THE PRICING OF THE SERVICE IS SPECIFICALLY CONTINGENT UPON THESE LIMITATIONS OF LIABILITY. WITHOUT THESE LIMITS, THE FEES WOULD BE SUBSTANTIALLY HIGHER.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SwiftMEP and its officers from and against any claims, damages, or legal fees (including attorney-client costs) arising from: (i) your breach of these Terms; (ii) your failure to manually verify the takeoff output; or (iii) any third-party claims regarding intellectual property of uploaded plans.

9. DISPUTE RESOLUTION

9.1 GOVERNING LAW.

These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada.

9.2 BINDING ARBITRATION.

Any dispute that cannot be resolved informally within 30 days shall be settled by binding arbitration in Regina, Saskatchewan, administered by the ADR Institute of Canada.

9.3 CLASS ACTION WAIVER.

You waive any right to participate in a class-action lawsuit or class-wide arbitration.

10. TERMINATION

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for any violation of these Terms or for conduct we deem harmful to the Service or other users.