WirePlan Pro - Terms of Service
Effective Date: April 27, 2025
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING WIREPLAN PRO.
This Terms of Service ("Terms") agreement governs your use of the WirePlan Pro desktop software application, including any updates, documentation, and related services (collectively, the "Software") provided by WirePlan Pro ("Provider," "we," "us," or "our"). By installing, accessing, or using the Software, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, do not install or use the Software.
1. Acceptance of Terms
By installing, copying, or otherwise using the Software, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Software on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.
2. License Grant
Subject to your compliance with these Terms, Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on a compatible device that you own or control, solely for your internal business purposes related to electrical design, planning, and estimating.
3. Software Functionality
WirePlan Pro is designed to assist engineers and contractors by:
- Allowing the import or pasting of plan drawings/images.
- Facilitating the definition of device locations on plans.
- Calculating potential orthogonal conduit paths.
- Assisting in defining wiring connections and quantities.
- Automatically suggesting conduit sizes based on programmed interpretations of National Electrical Code (NEC) standards for fill calculations.
- Determining potential wiring sequences (e.g., Star, Ring, Bus) constrained by the defined conduit path.
- Providing length estimations for conduit and wiring runs.
- Generating outputs such as plan layouts, cost-estimating data points (lengths, counts), and exporting data in formats like CSV and PDF.
4. Restrictions on Use
You agree not to, and not to permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Software or make the Software available to any third party.
- Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Software.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Provider or its affiliates, partners, suppliers, or the licensors of the Software.
- Use the Software for any illegal purpose or in violation of any local, state, national, or international law.
- Use the Software in any way that could damage, disable, overburden, or impair the Software or interfere with any other party's use of the Software.
5. User Responsibilities
Input Accuracy: You are solely responsible for the accuracy, completeness, and legality of all data, plans, images, device locations, and other information you input into the Software. The quality and accuracy of the Software's output are directly dependent on the quality and accuracy of your input.
Verification: You acknowledge that the Software is a design and estimating tool. All outputs, including but not limited to conduit paths, conduit sizes, NEC calculations, wiring sequences, length estimations, and cost data, MUST be independently verified by a qualified professional (such as a licensed engineer or certified electrician) before implementation or reliance.
Code Compliance: While the Software aims to assist with calculations based on NEC standards, it is NOT a substitute for thorough knowledge of and compliance with the latest applicable versions of the NEC, local building codes, and all other relevant regulations. You are solely responsible for ensuring your designs and installations comply with all applicable codes and standards. The Software does not guarantee compliance.
Professional Judgment: The Software does not provide professional engineering or electrical contracting advice. You must exercise your own professional judgment when using the Software and interpreting its outputs.
6. Intellectual Property
The Software, including its object code and source code (if applicable), visual design, structure, features, documentation, and all related intellectual property rights, are and will remain the exclusive property of Provider and its licensors. These Terms do not grant you any rights to the Provider's trademarks or service marks.
7. Data and Privacy
The Software operates locally on your device and does not transmit your project data or personal information to Provider.
8. Disclaimers
NO WARRANTY: THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
ACCURACY DISCLAIMER: PROVIDER DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. THE CALCULATIONS AND SUGGESTIONS PROVIDED BY THE SOFTWARE (INCLUDING NEC-BASED CALCULATIONS) ARE FOR INFORMATIONAL AND ESTIMATING PURPOSES ONLY AND MAY CONTAIN ERRORS OR INACCURACIES.
NO PROFESSIONAL ADVICE: THE SOFTWARE DOES NOT REPLACE THE NEED FOR QUALIFIED PROFESSIONAL ENGINEERING OR ELECTRICAL ADVICE, DESIGN REVIEW, OR SITE-SPECIFIC ANALYSIS. RELIANCE ON ANY INFORMATION OR OUTPUT PROVIDED BY THE SOFTWARE IS SOLELY AT YOUR OWN RISK.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROVIDER OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IF PROVIDER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SOFTWARE (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE LICENSE.
10. Indemnification
You agree to indemnify, defend, and hold harmless Provider and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Software or your breach of these Terms, including but not limited to the content or data you submit or make available through this Software and any consequences arising from reliance on the Software's output without proper professional verification.
11. Term and Termination
These Terms remain in effect until terminated by you or Provider. Provider may, in its sole discretion, at any time and for any or no reason, suspend or terminate these Terms with or without prior notice. These Terms will terminate immediately, without prior notice from Provider, in the event that you fail to comply with any provision of these Terms. You may terminate these Terms by deleting the Software and all copies thereof from your devices. Upon termination, all rights and licenses granted to you under these Terms will immediately cease, and you must cease all use of the Software and delete all copies. Sections 5, 6, 8, 9, 10, 12, and any other provisions that by their nature should survive termination, will survive termination.
12. Governing Law
These Terms and your use of the Software shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Kalamazoo County, Michigan, and the parties irrevocably consent to the personal jurisdiction and venue therein.
13. Changes to Terms
Provider reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to any new terms taking effect (e.g., via a notification within the Software or on our website). What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms.
14. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
15. Entire Agreement
These Terms constitute the entire agreement between you and Provider regarding your use of the Software and supersede all prior and contemporaneous written or oral agreements between you and Provider.
Company Legal Name: WirePlan Pro