Welcome to Branch! By accessing or using our web application, you agree to comply with these Terms and Conditions. If you do not agree, please refrain from using our services.
1. License and Authorized Use
1.1 Grant of License: Branch grants you a non-exclusive, non-transferable license to use the software for personal or authorized business purposes. 1.2 Restrictions: You may not sell, license, redistribute, publish, exhibit, display, modify, or reverse-engineer Branch or any copy thereof in whole or in part without Branch's prior written consent which may be unreasonably withheld.
2. Disclaimer of Liability
2.1 Accuracy: Branch provides preliminary design calculations for informational purposes only and does not replace professional engineering advice. Actual required structural element sizes may differ and be outside the ranges provided by Branch. All structural and design decisions should be reviewed and approved by a licensed professional engineer in the project's jurisdiction. Branch disclaims any liability for damages arising from reliance on the software without appropriate professional oversight. 2.2 No Warranty: The software is provided "as is" without warranties of any kind, including fitness for a particular purpose or accuracy.
3. Limitation of Liability
Branch and its developers shall not be held liable for any damages, including indirect or consequential damages, arising from the use of the software.
You agree to indemnify, defend, and hold harmless Branch, StructureCraft, and their respective officers, employees, agents, and affiliates from and against all losses, damages, liabilities, claims, costs, and expenses (including reasonable legal fees) arising out of or related to: your use or misuse of the software or any content generated by it, your breach of these Terms and Conditions, your violation of any third-party rights, including intellectual property or privacy rights, or your failure to obtain professional engineering advice where required by law or good practice.
4. Intellectual Property
Branch retains and owns all rights, title, and interest to any and all intellectual property in Branch, including without limitations the software, copyrights, trademarks, and associated content. You may not copy, distribute, or reverse any engineer any part of the software without authorization from Branch. No title to Branch is transferred by this Agreement, and your rights hereunder are strictly limited as expressly set out herein.
5. Termination
We reserve the right to terminate or suspend your access to Branch for violations of these terms or misuse of the application.
6. Governing Law and Compliance
6.1 Governing Law: These Terms and Conditions shall be governed by the laws of the Province of British Columbia, Canada, and the laws of the United States as applicable. Any disputes arising from these terms will be resolved in the courts of British Columbia or a mutually agreed jurisdiction in the USA. 6.2 Regulatory Compliance: Branch complies with applicable laws and regulations, including the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada and the California Consumer Privacy Act (CCPA) in the USA, as well as other relevant state and federal regulations. Branch is accessible worldwide, including in the European Union (EU) and European Economic Area (EEA). We have not yet fully implemented measures to meet all obligations under the General Data Protection Regulation (GDPR). If you choose to access or use our services from the EU/EEA, please note that your personal information may be transferred to and processed in Canada and the United States, where data protection laws may differ from those in your jurisdiction. By using Branch, you acknowledge and consent to this transfer and processing of your personal data. If you do not agree to such terms, please discontinue your use of our services. We are continuing to assess our obligations under GDPR and may update our policies to reflect compliance in the future.
7. Entire Agreement
We may revise or update these Terms and Conditions from time to time in our sole discretion. If we make material changes, we will notify you by email (if you have provided one), or by posting a notice in the web application. By continuing to access or use Branch after any revisions become effective, you agree to be bound by the updated Terms and Conditions. If you do not agree to the new terms, please stop using Branch.
If any provision of these Terms and Conditions is deemed invalid, unlawful, or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intentions of the parties. The remaining provisions shall remain in full force and effect. These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Branch regarding your use of the application, superseding any prior agreements or understandings.
Any failure by us to enforce a right or provision of these Terms and Conditions shall not be considered a waiver of those rights. You agree that you will not seek, and you waive any right to, injunctive or other equitable relief against us, or to enjoin or restrain the operation of Branch or any features or content used or displayed through the service.