Client Waiver and Release

1. What this is

This is the Client Waiver and Release between you and Quocad Inc., of 2150 Winston Park Drive, Unit 203, Oakville, Ontario L6H 5V1, Canada (“QuoCAD”, “we”, “us”). You agree to it when you create your account, at the same time as the Terms of Service.

It exists because QuoCAD produces numbers you will bid real money on. Everything below is about how those numbers should and should not be used. It is short on purpose — please read all of it.

It sits alongside the Terms of Service rather than replacing them. Where this waiver and the Terms disagree, the Terms govern.

2. Who is agreeing

You confirm that you are using QuoCAD for your trade, business or profession, and not for personal, family or household purposes. QuoCAD is business software and is not offered to consumers.

You confirm you are at least 18, or the age of majority where you live, and that if you are creating an account for a company, organization or crew you may accept this waiver on its behalf. If you can, “you” means both you and that business.

3. QuoCAD gives you estimates, not survey measurements

Every quantity QuoCAD produces — lengths, areas, stall counts, paint volumes, hours — is derived from imagery and from the scale you set. It is an estimate. It is not a survey, and it is not produced by a surveyor, an engineer or an architect.

Satellite and aerial imagery is not a measurement instrument. It is captured at an angle, at a moment, at a resolution we do not control, and the ground in it is not flat. A scale that is correct for one part of a lot can be wrong for another.

You are responsible for verifying quantities on site before you bid a job, sign a fixed-price contract, order material, or paint. That verification is not optional and it is not something QuoCAD does for you.

You accept the risk of a difference between a QuoCAD estimate and the real site, including the cost of an under-bid, an over-bid, rework, wasted material and lost time. Section 5 of the Terms of Service says the same thing and is the operative provision.

4. QuoCAD checks the scale it can, and cannot check the rest

QuoCAD rejects a scale that is physically impossible. It cannot tell that a plausible scale is the wrong one for your lot, because a wrong-but-plausible scale produces wrong-but-plausible numbers all the way through.

This is the single most likely way QuoCAD costs you money, so it is worth being blunt: if the scale is wrong, every quantity is wrong by the same proportion, the totals will look entirely reasonable, and nothing in the product will flag it. Check one known distance on site.

5. QuoCAD does not determine or certify code compliance

QuoCAD does not determine or certify compliance with the Americans with Disabilities Act, the Accessibility for Ontarians with Disabilities Act, any building code, any by-law, or any other standard. It is not a compliance tool and it is not a substitute for the authority having jurisdiction, the project owner, an engineer or an architect.

The editor can show a rough accessible-stall hint. It is a planning aid. It compares a count of the accessibility symbols it can detect against a stored count rule, and that is all it does. A message saying a count looks sufficient is not an approval, and it is not a finding that your layout complies with anything.

It checks nothing about stall or aisle dimensions, slope, cross-slope, surface, placement, accessible routes, curb ramps, signage or striping detail. It does not know what your jurisdiction requires. It has not seen your site.

Accessible stall counts, dimensions, placement and markings are yours to get right, and QuoCAD has not approved or certified any layout you produce with it. Section 6 of the Terms of Service is the operative provision.

6. What you upload is yours to have

You confirm that you hold the rights to every image, site plan, drone capture, photograph and file you upload, or that you have permission to use it for the job you are using it for.

Third-party map and satellite imagery shown in the product is governed by the provider's own terms, which the Terms of Service describe. What you may do with a provider's imagery depends on the permission that provider has granted, not on what the product will physically let you draw over.

7. Your customers' information is yours to enter

You decide what information about your customers goes into QuoCAD and why. You confirm you have a lawful basis to enter it and to have us process it, and that you have told the people concerned whatever they need to be told.

You are the sender of every quote, invoice and message you send through QuoCAD to your own customers. You are responsible for the recipient list and for having the right to contact those people.

How we handle that information as your processor is set out in the Data Processing Addendum.

8. Outputs are drafts until you check them

Takeoffs, layouts, breakdowns, reports, quotes and invoices are documents QuoCAD helps you prepare. They are yours. Review them before you send one to a customer or rely on one for a decision.

A QuoCAD quote does not guarantee that a customer will accept it, that an authority will approve the work, that the site is as the imagery shows, or that the job will be profitable.

9. Release

To the extent the law allows, and subject to section 10, you release us from claims arising out of your reliance on a QuoCAD estimate, layout, hint, report or document without the verification this waiver describes — including claims for the cost of an under-bid or over-bid, rework, wasted material, lost profit, lost time, or a dispute with your own customer about quantities or compliance.

This release does not change the limitation of liability in section 21 of the Terms of Service, which continues to apply on its own terms and is not restated here.

10. What this waiver does not cover

Nothing in this waiver excludes or limits our liability for fraud or fraudulent misrepresentation, for death or personal injury caused by our negligence, or for anything else the law does not permit us to exclude or limit.

Nothing in it takes away a right you have under a law that cannot be waived by agreement. Where a mandatory law of the place you are in gives you a right this waiver appears to remove, that law wins and the rest of this waiver still stands.

It is a waiver and acknowledgement about how QuoCAD's outputs are used. It is not a second set of terms, and it does not enlarge what you owe us beyond what the Terms of Service already say.

11. When it applies, and for how long

You agree to this waiver when you create your account. We record the version you agreed to and when, and we keep that record.

It applies for as long as you use QuoCAD, and it continues to apply after you stop using it in respect of anything you produced with it.

If we change it materially we will ask you to agree to the new version rather than treat your continued use as agreement. Sections 3 to 10 survive the end of your account.