End-User License Agreement
This End-User License Agreement (the "Agreement") is between you - the person or company installing or using the PlanSmart software (the "Software") - and PlanSmart, the provider of the Software ("PlanSmart", "we", "us"). By installing, copying or using the Software you agree to this Agreement. If you do not agree, do not install or use the Software.
1. What the Software is
PlanSmart is estimating and job-finance software for concrete contractors. It reads construction plan sets, produces quantity takeoffs and estimates, and carries a job through proposals, change orders, progress invoices and purchase orders. It can connect to a QuickBooks Online company you control, through Intuit's published programming interface, to create and read records there on your instruction.
The Software runs on your own computers. It stores the files it makes (takeoffs, estimates, proposals, invoices, settings) in folders you choose on your computers or in your own file-sharing service. PlanSmart operates no server that receives, stores or processes your data.
2. License
Subject to this Agreement, PlanSmart grants you a non-exclusive, non-transferable license to install and use the Software on computers owned or controlled by you or your company, for your business, for as long as this Agreement is in force. You may make copies of the Software as reasonably needed to install, run and back it up.
3. What you may not do
Except as this Agreement allows or the law permits, you may not sell, rent, lease, sublicense, redistribute or make the Software available to anyone outside your company; remove or alter any notice in the Software; or use the Software to break the law, to infringe anyone's rights, or in any way that violates Intuit's terms for QuickBooks Online or Anthropic's terms for the Claude service when you connect those services.
4. Your data and your accounts
You own the plans, takeoffs, estimates, financial records and every other file you create or import with the Software. You are responsible for the accuracy of what you send to QuickBooks Online or any other connected service, and for keeping your QuickBooks Online account, your computers and your files secure. The connection to QuickBooks Online is made with your own QuickBooks sign-in and your permission; you can withdraw it at any time, in the Software (Settings › QuickBooks › Disconnect) or in QuickBooks Online. How the Software handles your data is described in the Privacy Policy, which is part of this Agreement.
5. Third-party services
The Software can connect to services run by others - QuickBooks Online (Intuit Inc.) and, if you enter your own API key, the Claude service (Anthropic PBC). Those services are governed by their own terms and privacy policies; PlanSmart does not control them and is not responsible for them. QuickBooks and QuickBooks Online are trademarks of Intuit Inc.; PlanSmart is not affiliated with or endorsed by Intuit.
6. Ownership
The Software is licensed, not sold. PlanSmart and its licensors keep all rights, title and interest in the Software, including its code, design and documentation. Nothing in this Agreement transfers those rights to you.
7. Updates
PlanSmart may provide updates to the Software from time to time. Updates are part of the Software and covered by this Agreement. You decide whether and when to install them.
8. Estimates are estimates
The quantities, prices, hours and documents the Software produces are tools for your professional judgment. Plans vary, engineers' details govern, and prices come from the lists you supply. Review the Software's output before you rely on it, bid with it, or send it to a customer.
9. No warranty
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PLANSMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT ITS OUTPUT WILL BE ACCURATE.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PLANSMART WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR BUSINESS, ARISING OUT OF OR RELATED TO THE SOFTWARE OR THIS AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. PLANSMART'S TOTAL LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE MONTHS BEFORE THE CLAIM, OR ONE HUNDRED U.S. DOLLARS IF YOU PAID NOTHING. Some jurisdictions do not allow some of these limitations, so some of them may not apply to you.
11. Term and termination
This Agreement is in force until it ends. You may end it at any time by uninstalling the Software and deleting your copies. PlanSmart may end it if you materially breach it and do not cure the breach within thirty days of notice. When it ends, your license ends and you must stop using the Software; sections 4, 6 and 8 through 13 survive. Your own files remain yours.
12. Governing law
This Agreement is governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules. Any dispute arising out of this Agreement will be brought in the state or federal courts located in Summit County, Utah, and you consent to their jurisdiction.
13. General
This Agreement, with the Privacy Policy, is the entire agreement between you and PlanSmart about the Software. If any part of it is found unenforceable, the rest stays in force. PlanSmart may revise this Agreement by posting a new version at this address; the version in force is the one posted when you use the Software, and a material change will be dated above.
14. Contact
Questions about this Agreement: info@plansmartos.com.