Terms of Service

These Terms of Service (the “Terms”) are a binding legal agreement between you and PileCalc (“PileCalc,” “we,” “us,” or “our”), governing your access to and use of the PileCalc website, applications, software, public API, and related services (collectively, the “Service”). By creating an account, checking the box indicating your agreement, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.

Please read these Terms carefully. They contain important disclaimers of warranties, a limitation of liability, an assumption of risk, an indemnification obligation, and a binding individual-arbitration agreement with a class-action and jury-trial waiver (Section 16) that affect your legal rights.

1. Eligibility and acceptance

You must be at least 18 years old and able to form a binding contract to use the Service. If you use the Service on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these Terms, in which case “you” refers to that entity. Your acceptance is effective when you first accept these Terms or use the Service.

2. The Service

PileCalc is a web-based engineering analysis aid for deep-foundation and geotechnical calculations, including laterally loaded piles (FHWA COM624P p-y methods), axial capacity and settlement, pile groups, drilled shafts, footings, uplift, moment–curvature, and slope stabilization, among others. The Service implements published engineering methods and presents computed results (the “Output”) based solely on the inputs you provide.

3. Professional responsibility and engineering disclaimer

The Service is a computational tool and analysis aid only. It is not, and does not provide, engineering, design, geotechnical, surveying, legal, or other professional advice, and it is not a substitute for the independent judgment, review, and supervision of a licensed professional engineer or other qualified professional.

The Output is provided for informational and preliminary-analysis purposes only. You must independently verify all inputs, assumptions, methods, parameters, and Output and— where required by law or sound engineering practice—have them reviewed, approved, and sealed by a licensed professional engineer competent in the relevant discipline and jurisdiction before relying on them for any design, analysis, construction, permitting, bidding, or other real-world purpose.

You are solely responsible for:

• the selection, accuracy, completeness, and appropriateness of all inputs;
• the selection and applicability of analysis methods, soil and structural models, and parameters;
• compliance with all applicable codes, standards, regulations, and site-specific conditions; and
• the interpretation, use, and consequences of the Output.

No professional, fiduciary, engineer–client, or agency relationship is created between you and PileCalc by your use of the Service. We do not review your projects and have no knowledge of your site conditions, design intent, or applicable requirements.

4. No warranty

To the maximum extent permitted by law, the Service and the Output are provided “AS IS” and “AS AVAILABLE,” with all faults and without warranty of any kind. We expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service or Output will be accurate, complete, reliable, current, error-free, uninterrupted, secure, or free of harmful components, or that the methods implemented are appropriate for your particular application. Any reliance on the Service or Output is at your sole risk.

5. Assumption of risk

You knowingly and voluntarily assume all risks associated with your access to and use of, and any reliance upon, the Service and the Output, including any risk of error in the methods, calculations, inputs, parameters, or results, and any resulting loss, damage, or injury.

6. Limitation of liability

To the maximum extent permitted by law, in no event will PileCalc or its operator, affiliates, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, or for any damages arising from or related to structural or foundation failure, bodily injury, death, property damage, construction defects, project delay, or professional or economic loss, in each case arising out of or relating to the Service or the Output, whether based in contract, tort (including negligence), strict liability, or any other theory, and whether or not we have been advised of the possibility of such damages.

To the maximum extent permitted by law, the total aggregate liability of PileCalc and its operator for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total fees you paid to us for the Service during the twelve (12) months immediately preceding the event giving rise to the claim, or (b) US $100.

These limitations are a fundamental basis of the bargain and apply even if any limited remedy is found to have failed of its essential purpose. Some jurisdictions do not allow certain exclusions or limitations, so some of the above may not apply to you; in that case our liability is limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless PileCalc and its operator, affiliates, and licensors from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Service or the Output; (b) any inputs, data, or Content you submit; (c) your reliance on or use of any Output, including in any analysis, design, or construction; or (d) your violation of these Terms, any applicable law, or any third-party right.

8. Accounts and security

Authentication is handled by our identity provider (Clerk). You must provide accurate information, keep your credentials confidential, and you are responsible for all activity under your account. Notify us promptly at legal@pilecalc.com of any unauthorized use or security breach.

9. Plans, fees, billing, and cancellation

PileCalc offers a free plan and paid plans. The Free plan includes limited monthly usage and a subset of features. Pro is an individual subscription; Business is an organization subscription that includes a set number of member seats, with additional seats available for an additional per-seat fee. Current plans, prices, included usage, quotas, and feature limits are described on our Pricing page and at the point of purchase, each of which is incorporated into these Terms by reference.

Free trials. Eligible first-time Pro subscribers may receive a 14-day free trial. A payment method is required. Unless you cancel before the trial ends, the trial automatically converts to a monthly Pro subscription and your payment method is charged the monthly price shown at Checkout. Stripe Checkout displays the exact trial end date and first-charge amount before you confirm. Canceling during the trial prevents the first charge, and Pro access continues only through the stated trial end date. Trial eligibility is limited to one per person and account.

Billing and automatic renewal. Paid plans are offered on a recurring monthly or annual basis. By subscribing, you authorize us and our payment processor to charge your payment method the applicable subscription fees, together with any per-seat or usage charges and applicable taxes, at the start of each billing period. Subscriptions renew automatically at the then-current rate for successive periods until cancelled. Annual plans are billed in advance for the full term.

Organization (Business) billing. For the Business plan, the organization and its administrators are responsible for the subscription, the number of seats, and all charges incurred by the organization and its members. Adding members beyond the included seats may increase your fees as described at the point of purchase.

Cancellation. You may cancel a paid plan at any time from your billing settings or by contacting billing@pilecalc.com. Cancellation stops future renewals and takes effect at the end of the then-current billing period; you retain paid access until that period ends, after which your account reverts to the Free plan.

Refunds. Except where required by applicable law, all fees and charges are non-refundable, and we do not provide refunds or credits for partial billing periods, unused allotments, or downgrades.

Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, and similar taxes, excluding taxes based on our net income.

Failed payments and changes. If a charge fails, we may retry it and may suspend or downgrade your paid features until payment succeeds. We may change plans, prices, included usage, or quotas prospectively; price changes apply to the next billing period following reasonable notice, and your continued use or renewal after the change takes effect constitutes acceptance.

Payment processing. Identity is handled by Clerk, and subscriptions and payments are handled by Stripe. We do not store your full payment-card details. For billing questions, contact billing@pilecalc.com.

10. Public API, MCP, connected AI clients, and acceptable use

The Service includes a key-authenticated public API and an MCP server that supports API-key or OAuth access by connected clients, including AI services. These surfaces share your plan’s quotas and rate limits. You must keep API keys and authorization grants secure, review every tool request and Output, and are responsible for usage under your account or organization. A connected client’s selection of a tool or parameters does not establish engineering applicability or replace the professional review required by Section 3. You agree to use the Service lawfully and you will not:

• disrupt, overload, or interfere with the Service or its infrastructure;
• attempt to gain unauthorized access to any account, data, or system;
• access, or attempt to access, other users’ projects or data;
• reverse engineer, decompile, or extract the source code, algorithms, or methods of the Service, except to the limited extent applicable law expressly permits;
• use the Service or the Output to develop, train, or improve a competing product, service, or analysis engine;
• scrape or harvest data except through the provided API and within its limits; or
• resell, sublicense, or otherwise commercialize the Service without our authorization.

11. Intellectual property

We and our licensors own all right, title, and interest in and to the Service, including the software, analysis engine, algorithms, validation work, user interface, design, and content (excluding your Content). Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal professional or business purposes. All rights not expressly granted are reserved. “PileCalc” and our logos are our trademarks; you may not use them without our prior written consent.

12. Your content

You retain ownership of the inputs, project data, and other materials you submit to the Service (your “Content”). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your Content solely to operate, provide, secure, and improve the Service. You represent and warrant that you have all rights necessary to submit your Content and that it does not violate any law or third-party right. We may create and use aggregated or de-identified data that does not identify you or your projects to operate and improve the Service.

13. Third-party services

The Service relies on third-party providers, including Clerk (authentication and billing), its payment processor Stripe, Convex (backend and database), and Vercel (hosting and analytics). We are not responsible for, and disclaim all liability arising from, the acts, omissions, availability, or performance of any third-party service. Your use of those services may be subject to their own terms.

14. Modifications to the Service and these Terms

We may modify, suspend, or discontinue any part of the Service at any time without liability. We may also revise these Terms; revisions are effective when posted with an updated “Last updated” date, and for material changes we will make reasonable efforts to provide notice. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.

15. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without cause or notice, including for any breach of these Terms. Upon termination, your license to use the Service ends. Any provisions that by their nature should survive termination—including the disclaimers, limitation of liability, assumption of risk, indemnification, intellectual-property, and dispute-resolution provisions—will survive.

16. Dispute resolution; binding arbitration; class-action and jury-trial waiver

Please read this Section carefully—it affects how disputes are resolved.

• Informal resolution. Before starting any arbitration or court proceeding, you agree to first contact us at legal@pilecalc.com and attempt to resolve the dispute informally for at least 30 days.
• Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court, except as provided below. The Federal Arbitration Act governs this agreement to arbitrate, and judgment on the award may be entered in any court of competent jurisdiction.
• Class-action waiver. You and PileCalc agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
• Jury-trial waiver. To the extent any dispute proceeds in court, you and PileCalc each waive any right to a trial by jury.
• Exceptions. Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in court for the actual or threatened infringement or misuse of intellectual property or confidential information.
• 30-day opt-out. You may opt out of this arbitration agreement by sending written notice to legal@pilecalc.com within 30 days of first accepting these Terms, stating your name and your intent to opt out. Opting out does not affect any other provision of these Terms.

17. Governing law and venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Subject to the arbitration agreement above, you and PileCalc submit to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for any dispute not subject to arbitration.

18. Export and legal compliance

You represent that you are not located in an embargoed country or on any restricted-party or sanctions list, and you agree to comply with all applicable export-control and sanctions laws. You may not use the Service in violation of any applicable law or regulation.

19. General

These Terms, together with the Privacy Policy, are the entire agreement between you and PileCalc regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them freely. We are not liable for any delay or failure to perform due to causes beyond our reasonable control. We may provide notices to you through the Service or by email; notices to us must be sent to legal@pilecalc.com. Headings are for convenience only, and there are no third-party beneficiaries.

20. Contact

Questions about these Terms? Email legal@pilecalc.com. For billing and subscription questions, email billing@pilecalc.com.