CAVUit Calculator Terms of Use

1. Agreement

These Terms of Use ("Terms") are an agreement between you and Cavu IT Inc. ("CAVUit", "we", "us"). They govern your use of the CAVUit calculator, website, reports, and related services (the "Service"). The calculator runs automatically as you enter information. By entering information into the calculator, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. What the Service Is, and Is Not

The Service is a planning and benchmarking tool. It produces indicative benchmarks that compare the information you enter against general market reference data.

The Service and its outputs are NOT:

• an appraisal, valuation, or insurance valuation;
• a quote, bid, budget, or guarantee of any cost;
• engineering, architectural, construction, legal, insurance, tax, or financial advice;
• a substitute for a site inspection or a qualified professional.

You should not rely on outputs to set insurance limits, settle claims, secure financing, or make purchase or construction decisions without independent professional verification.

3. Who May Use the Service

The Service is for business and professional use only. You must be at least 18 years old. If you use the Service for an organization, you confirm you are authorized to accept these Terms for it, and "you" includes that organization.

4. Your Inputs

Outputs depend entirely on the information you provide, such as facility type, size, location, program, and finish grade. We do not verify your inputs. You are solely responsible for their accuracy and for any decision you make using outputs.

5. No Third-Party Reliance

Outputs are provided for your internal use only. No other person, including any insurer, broker, lender, landlord, buyer, client, or contractor, may rely on them. If you share an output with anyone, you do so at your own risk, and you remain responsible under Section 10.

6. License and Restrictions

We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for your internal business purposes. You agree not to:

• copy, scrape, crawl, or bulk-query the Service or its data, by automated means or otherwise;
• reverse engineer, decompile, or attempt to derive the methods, data, or models behind the Service;
• use the Service or its outputs to build or train a competing product, dataset, or model;
• resell, sublicense, or commercially redistribute the Service or outputs;
• remove or alter any branding, notices, or disclaimers on outputs or reports;
• interfere with the security or operation of the Service, or use it unlawfully.

7. Ownership and Feedback

We and our licensors own the Service, including its software, methods, benchmark data, report formats, and trademarks (including CAVUit). No rights are granted except as stated here.

You keep ownership of the information you submit. You grant us a worldwide, royalty-free license to use it to operate and improve the Service for as long as we hold it under our Privacy Policy, and a perpetual license to use it once de-identified and aggregated so that it no longer identifies you or your organization. If you give us feedback or suggestions, we may use them freely without obligation to you.

8. Disclaimer of Warranties

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COSTS VARY WITH MARKET CONDITIONS, REGION, CURRENCY, SCOPE, AND TIME, AND ACTUAL COSTS MAY DIFFER MATERIALLY FROM ANY OUTPUT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CAVU IT INC., ITS AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, UNDERINSURANCE OR COVERAGE SHORTFALLS, CONSTRUCTION OR PROJECT COST OVERRUNS, OR BUSINESS INTERRUPTION, ARISING FROM OR RELATED TO THE SERVICE OR ANY OUTPUT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM.

10. Indemnity

You will defend, indemnify, and hold harmless Cavu IT Inc. and its affiliates and personnel from any claims, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your inputs, your breach of these Terms, or any third party's reliance on outputs you shared.

11. Changes

We may change the Service or these Terms at any time. We will post updated Terms with a new "Last updated" date and, for material changes, give reasonable notice. Continued use after changes take effect means you accept them.

12. Suspension and Termination

We may suspend or end your access at any time, without notice, including for breach of these Terms or suspected misuse. Sections 2, 4, 5, 7, 8, 9, 10, 13, and 14 survive termination.

13. Arbitration Agreement and Class Action Waiver

(a) Binding arbitration. You and Cavu IT Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by binding individual arbitration, not in court. This includes disputes about the scope, validity, or enforceability of this Section, which the arbitrator decides.

(b) Informal resolution first. Before starting arbitration, the party with the Dispute must send written notice describing it to the other party (info@cavuit.com for us). The parties will try in good faith to resolve it for 60 days.

(c) Rules and forum. Arbitration will be administered by [the ADR Institute of Canada under its Arbitration Rules], before a single arbitrator. The seat of arbitration will be Toronto, Ontario, and hearings may be held by video or written submissions where the rules allow. This Section is governed by Ontario's International Commercial Arbitration Act, 2017 and, where applicable, the New York Convention, so that an award can be enforced in Canada and the United States.

(d) Class action waiver. Disputes will be resolved only on an individual basis. Neither party may bring or take part in a class, collective, consolidated, or representative action or arbitration. If this waiver is found unenforceable for a claim, that claim must proceed in court, not in arbitration.

(e) Exceptions. Either party may bring an individual claim in small claims court. Either party may seek injunctive relief in court for infringement or misuse of intellectual property, or for breach of Section 6.

(f) Jury trial waiver. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.

(g) Opt-out. You may opt out of this Section by emailing info@cavuit.com within 30 days after first accepting these Terms, stating your name, organization, and that you opt out of arbitration.

(h) Time limit. Any Dispute must be started within one year after it arose, or it is permanently barred, to the extent permitted by law.

14. Governing Law

Cavu IT Inc. is a Canadian company based in Ontario. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules, including for Section 13. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any matter allowed in court under Section 13(e), the parties consent to the jurisdiction of the courts of Ontario sitting in Toronto.

15. General

These Terms, with the Privacy Policy, are the entire agreement about the Service. If any part is unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them, including in a merger or sale. We are not liable for delays caused by events beyond our reasonable control. Notices to us go to info@cavuit.com.

16. Contact

Cavu IT Inc., info@cavuit.com.