Terms and Conditions

Introduction

Welcome to FabCommand. These Terms and Conditions ("Terms") govern your use of our fabrication management platform and services ("Services"). By accessing or using FabCommand, you agree to be bound by these Terms.

FabCommand is a comprehensive construction management system designed specifically for steel fabrication and construction companies, providing tools for project management, material tracking, team collaboration, build analysis, RFI management, and more.

If you do not agree to these Terms, you may not access or use our Services.

Subscription and Payment

Subscription Plans

FabCommand offers seat-based subscription plans. By subscribing to FabCommand, you agree to pay the applicable fees for your selected plan.

• Seat Licenses: Each active user requires a paid seat license
• Billing Cycle: Subscriptions are billed monthly or annually based on your selection
• Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Price Changes: We reserve the right to modify pricing with 30 days' notice to existing subscribers

Payment Terms

Payment obligations:

• Fees are due at the beginning of each billing cycle
• All fees are non-refundable except as required by law
• Failure to pay may result in suspension or termination of service
• You are responsible for all applicable taxes

Free Trial

If you sign up for a free trial:

• Trial periods are subject to terms specified at signup
• Credit card information may be required to prevent abuse
• You will be charged automatically unless you cancel before the trial ends
• Trial terms may vary and are subject to change

Cancellation and Refunds

You may cancel your subscription at any time. Upon cancellation:

• You will retain access through the end of your current billing period
• No refunds will be provided for partial months or unused time
• Your data will be retained for 30 days after cancellation
• You may reactivate your account within 30 days to restore access

Intellectual Property Rights

Ownership of Platform

All intellectual property rights in and to FabCommand, including but not limited to:

• Software code, algorithms, and architecture
• User interface designs and user experience flows
• Documentation, training materials, and content
• Logos, trademarks, and brand elements
• Features, functionality, and processes

remain the exclusive property of FabCommand and its licensors.

Your Data Ownership

You retain all ownership rights to the data you input into FabCommand, including:

• Project information and documentation
• Customer and contact data
• Fabrication files and drawings
• Financial records and reports

By using our Services, you grant FabCommand a license to host, store, and process your data solely for the purpose of providing the Services to you.

Feedback and Suggestions

Any feedback, suggestions, ideas, or improvements you provide to FabCommand may be used by us without obligation of compensation or attribution.

Restrictions on Use

You agree NOT to:

• Reverse engineer, decompile, or disassemble any part of FabCommand
• Copy, modify, or create derivative works based on the platform
• Rent, lease, sell, or sublicense access to FabCommand
• Remove or alter any proprietary notices or labels
• Use the platform to develop competing products or services

User Accounts and Responsibilities

Account Registration

To use FabCommand, you must:

• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access
• Be at least 18 years old or have parental consent

Account Security

You are responsible for:

• All activities that occur under your account
• Maintaining strong, unique passwords
• Enabling two-factor authentication when available
• Protecting access to your account from unauthorized users

Data Privacy and Protection

Data Collection

FabCommand collects and processes data to provide and improve our services. This includes:

• Account information (name, email, company details)
• Project and fabrication data you input
• Usage analytics and performance metrics
• Communication preferences and support interactions
• Payment and billing information

Data Security

We implement industry-standard security measures to protect your data, including:

• Encryption of data in transit and at rest using industry-standard protocols
• Regular security audits and vulnerability assessments
• Multi-factor authentication and role-based access controls
• Secure cloud infrastructure (Google Cloud Storage and Google Drive)
• Automated backups and disaster recovery procedures

Data Retention and Deletion

Your data is retained as follows:

• Active Accounts: Data is retained for the duration of your active subscription
• Cancelled Accounts: Data is retained for 30 days after cancellation for possible reactivation
• Deletion Requests: You may request immediate data deletion at any time
• Legal Requirements: Some data may be retained longer to comply with legal obligations

Data Processing and Third Parties

We may share your data with trusted third-party service providers who assist us in operating our platform, including:

• Cloud hosting providers (Google Cloud Platform)
• Payment processors (for subscription billing)
• Analytics services (to improve our platform)

We do not sell your data to third parties. All third-party providers are contractually bound to protect your data.

Acceptable Use Policy

You agree to use FabCommand only for lawful purposes and in accordance with these Terms. Prohibited uses include:

• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Transmitting harmful code or malware
• Attempting to gain unauthorized access to systems
• Harassing or harming other users
• Overloading or disrupting the service
• Using the service for illegal fabrication activities

Service Availability and Uptime

Service Commitment

FabCommand strives to provide reliable, uninterrupted service. However, we make no guarantee of 100% uptime.

Scheduled Maintenance

We may perform scheduled maintenance with advance notice:

• Scheduled maintenance will be announced at least 24 hours in advance when possible
• Maintenance is typically performed during off-peak hours
• Critical security updates may be applied with shorter notice
• We aim to minimize service disruptions during maintenance windows

Service Modifications

FabCommand reserves the right to:

• Add new features and functionality to the platform
• Modify or discontinue features with reasonable notice to users
• Update the user interface and user experience
• Improve performance and security of the platform

Support

Technical support is provided to all active subscribers:

• Email Support: Available for all users during business hours
• Response Time: We aim to respond to support requests within 24 business hours
• Documentation: Self-service documentation and guides are available online
• Priority Support: Available for enterprise plans (contact sales for details)

Liability and Disclaimers

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FABCOMMAND IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement of third-party rights
• Warranties regarding the accuracy, reliability, or completeness of information
• Warranties that the service will be uninterrupted, error-free, or secure

You acknowledge that your use of FabCommand is at your sole risk, and you are responsible for maintaining appropriate backups of your data.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FABCOMMAND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of use
• Damages resulting from unauthorized access to your account or data
• Any damages exceeding the total fees paid by you for the service in the 12 months preceding the claim

Indemnification

You agree to indemnify, defend, and hold harmless FabCommand and its affiliates from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or data uploaded to the platform

Termination

Termination by You

You may terminate your account at any time by:

• Cancelling your subscription through your account settings
• Contacting our support team to request account closure
• No notice period is required for cancellation

Termination by FabCommand

We may suspend or terminate your account immediately if:

• You breach these Terms and Conditions
• You fail to pay subscription fees when due
• You engage in fraudulent or illegal activities
• You abuse the platform or harm other users
• We are required to do so by law

Effect of Termination

Upon termination of your account:

• Your access to FabCommand will be immediately revoked
• You must cease all use of the platform and services
• Your data will be retained for 30 days to allow for reactivation
• After 30 days, your data may be permanently deleted
• You may request a data export before the 30-day period expires
• No refunds will be provided for unused subscription time

Survival

The following provisions will survive termination: Intellectual Property Rights, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive.

Company Data and Project Sharing

Company Isolation

FabCommand operates on a multi-tenant architecture with strict company data isolation:

• Each company's data is isolated and accessible only to authorized company members
• Company owners and administrators control user access and permissions
• Data shared between companies requires explicit permission from project owners

Project Sharing Between Companies

FabCommand allows project sharing between different companies (e.g., between general contractors and subcontractors). When you share a project:

• You control which tabs and folders are accessible to external users
• You can grant read-only or read-write permissions
• Shared users cannot access other projects unless explicitly granted permission
• You may revoke sharing access at any time
• Shared projects remain under the ownership of the original company

Your Responsibilities When Sharing

When sharing projects with external companies, you are responsible for:

• Ensuring you have the right to share the project data
• Selecting appropriate permission levels for external users
• Monitoring shared access and revoking it when no longer needed
• Complying with any contractual obligations regarding data sharing

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these Terms or your use of FabCommand shall be resolved through:

1. Good faith negotiations between the parties
2. Mediation if negotiations fail
3. Binding arbitration as a last resort

Class Action Waiver

You agree to resolve disputes with FabCommand on an individual basis and waive your right to participate in class action lawsuits or class-wide arbitration.

Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• Updated Terms will be posted on our website with a new "Last Updated" date
• For material changes, we will notify you via email or in-app notification
• Changes become effective 30 days after notification for material changes
• Non-material changes (e.g., clarifications) become effective upon posting
• Your continued use of the service after changes become effective constitutes acceptance

If you do not agree to the updated Terms, you may terminate your account before the changes take effect.

We encourage you to review these Terms periodically to stay informed of any updates.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy and any supplemental agreements, constitute the entire agreement between you and FabCommand regarding your use of the Services and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

FabCommand shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, pandemics, labor disputes, or internet service provider failures.

Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of FabCommand.

Contact Information