1. Definitions
1.1 "Platform" means SuperSleeper's engineering calculation software and related services.
1.2 "User" means any individual or entity accessing or using the Platform.
1.3 "Output" means results generated by the Platform based on User inputs.
1.4 "Gross Negligence" means willful, reckless disregard of professional obligations under applicable engineering standards.
2. No Reliance; Professional Verification Required
2.1 The Platform is intended as a design aid only. Users must not rely solely on Platform Output without independent professional verification.
2.2 For all structural engineering applications, Users must have Output reviewed and stamped by a licensed professional engineer before implementation. The Platform does not produce certified engineering designs.
3. Limited Warranty
3.1 The Platform is provided "as is" without warranties of any kind, express or implied.
3.2 SuperSleeper does not warrant that:
(a) The Platform will meet User requirements;
(b) The Platform will be error-free or uninterrupted;
(c) Results will comply with any building codes or standards.
4. Liability
4.1 To the maximum extent permitted by law, SuperSleeper's total liability for any claims shall be limited to two times (2x) the fees paid by User in the 12 months preceding the claim.
4.2 SuperSleeper shall not be liable for:
(a) Indirect, incidental, special, or consequential damages;
(b) Loss of profits, revenue, data, or use;
(c) Errors caused by:
Incorrect User inputs;
Improper use of the software;
Failure to account for real-world conditions.
4.3 Exclusions: This limitation does not apply to claims arising from SuperSleeper's gross negligence (as defined in Section 1.4).
5. Indemnification
5.1 User agrees to defend, indemnify, and hold harmless SuperSleeper from claims arising from:
(a) User's misuse of the Platform;
(b) User's breach of these Terms;
(c) Failure to verify Output with qualified professionals.
5.2 This indemnification does not apply to claims solely attributable to SuperSleeper's gross negligence.
6. User Responsibilities
6.1 User is solely responsible for:
(a) Verifying all inputs and Output;
(b) Compliance with applicable laws and regulations;
(c) Determining the Platform's suitability for specific needs.
7. Intellectual Property
7.1 All Platform rights remain with SuperSleeper. User receives a non-exclusive, revocable license.
7.2 Prohibited: Reverse engineering, resale, or commercial exploitation.
8. Data Disclaimer
8.1 SuperSleeper may use anonymized, non-identifiable data to improve services.
8.2 User data is never shared with third parties without consent.
9. Beta Features
9.1 Experimental features are provided "as is" without warranty. Use at User's own risk.
10. Force Majeure
10.1 SuperSleeper is not liable for failures caused by: acts of God, war, terrorism, internet failures, or government restrictions.
11. Third-Party Integrations
11.1 SuperSleeper disclaims all responsibility for third-party software interfacing with the Platform.
12. Age Restriction
12.1 The Platform may only be used by individuals aged 18+, or by minors under direct professional supervision.
13. Export Restrictions
13.1 The Platform may not be used in or exported to embargoed countries or by sanctioned individuals/entities.
14. Governing Law & Disputes
14.1 These Terms are governed by Queensland, Australia law.
14.2 Disputes must first undergo mediation in Brisbane.
15. Termination & Data Retention
15.1 SuperSleeper may suspend accounts for:
(a) Material breaches (e.g., unauthorized sharing);
(b) Non-payment (if applicable).
15.2 User may export data for 90 days post-termination.
16. Modifications
16.1 SuperSleeper may modify these Terms at any time. Continued use constitutes acceptance.
17. General
17.1 Survival: Sections 3-5, 7, and 14-17 survive termination.
17.2 Severability: If any clause is invalid, the remainder remains enforceable.
17.3 Entire Agreement: These Terms supersede all prior agreements.