Terms and Policies

Terms of Service

1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the software products, websites, and related services provided by VIPA Consulting & Construction (the "Company", "we", "us", or "our"). By accessing or using the Software, you agree to be bound by these Terms, our Privacy Policy, and our Refund Policy. If you do not agree, do not use the Software.

2. Company Location and International Use
The Company is based in Peru and offers Software that may be used by customers in the United States and other jurisdictions. You are responsible for ensuring your use of the Software is lawful in your jurisdiction and complies with all applicable laws, regulations, professional licensing requirements, and building codes.

3. Definitions
"Software" means any desktop, web, or mobile application, plugins, updates, features, content, calculations, outputs, reports, templates, and documentation we provide. "You" means the individual or entity using the Software. "Output" means any result generated by the Software, including calculations, designs, reports, drawings, export files, recommendations, checks, or summaries.

4. License Grant and Restrictions
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software for your internal business or personal purposes during the subscription term or license period purchased.

You agree not to: (a) copy, sell, rent, lease, sublicense, distribute, or otherwise transfer the Software; (b) reverse engineer, decompile, or attempt to discover the source code; (c) remove proprietary notices; (d) bypass, disable, or interfere with licensing, security, telemetry, or usage limits; or (e) use the Software in any manner that could damage, disable, overburden, or impair the Software.

5. Account Responsibility
You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. You must promptly notify us of any unauthorized use or security breach.

6. Merchant of Record
Our order process is conducted by an authorized online reseller identified at checkout (the "Merchant of Record"). The Merchant of Record is responsible for payment processing, billing, taxes (if applicable), and may handle customer service inquiries and returns/refunds in accordance with its policies.

7. Intellectual Property
The Software, including all intellectual property rights therein, is and remains the sole property of the Company and/or its licensors. All rights not expressly granted to you are reserved.

8. Engineering / Professional Use Disclaimer
The Software and any Output are provided for informational and productivity purposes only and are not a substitute for professional judgment. The Software does not provide engineering, architectural, legal, safety, or other professional advice, and we do not act as your engineer of record.

You are solely responsible for: (a) verifying the accuracy, completeness, and appropriateness of any Output; (b) ensuring inputs are correct; (c) selecting and applying appropriate codes, standards, assumptions, load cases, boundary conditions, modeling choices, detailing, and safety factors; (d) independent review, testing, and validation; and (e) compliance with all applicable laws, regulations, building codes, and professional obligations.

If the Software relates to structural design, analysis, or construction documentation, you agree that all final designs and decisions must be reviewed, approved, and sealed/stamped (where required) by a qualified licensed professional in the relevant jurisdiction.

9. Jurisdiction / Code Coverage Disclaimer (U.S. and Other Codes)
Any references within the Software or documentation to U.S. or international codes and standards (including, by way of example, ASCE, NDS, SDPWS, IBC, ACI, AISC, local amendments, or any successor standards) are provided for convenience only. The Company does not warrant that the Software: (a) reflects the currently adopted code edition in your state, county, city, or jurisdiction; (b) includes all local amendments or interpretations; (c) is suitable for your project type, site conditions, materials, construction methods, or occupancy; or (d) will produce code-compliant results without independent professional verification.

You are responsible for confirming the applicable code edition(s), amendments, and governing authority requirements for each project.

10. Beta / Experimental Features
Certain features may be labeled as "beta", "preview", "experimental", or similar. Such features may be incomplete, change without notice, have limited support, and may contain errors. You acknowledge that use of beta/experimental features is at your sole risk, and you are responsible for validating any Output produced by those features.

11. No Legal Responsibility for Software Use / Outputs
To the maximum extent permitted by law, the Company has no legal responsibility or liability for how you use the Software or for any decisions, actions, professional services, or outcomes resulting from the use of the Software or any Output, including but not limited to: design errors, omissions, code non-compliance, project delays, cost overruns, permitting issues, construction defects, or structural performance.

12. Disclaimer of Warranties
THE SOFTWARE AND ALL OUTPUT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND THAT THE SOFTWARE WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET YOUR REQUIREMENTS.

13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR PROCUREMENT OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SOFTWARE OR ANY OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its affiliates from and against any claims, liabilities, damages, losses, and expenses arising out of or related to: (a) your use of the Software or any Output; (b) your violation of these Terms; (c) your violation of any law, code, regulation, or third-party rights; or (d) any project, design, or construction decision or deliverable you create using the Software.

15. Export Controls, Sanctions, and Restricted Use
You agree to comply with all applicable export control and sanctions laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country to which applicable laws prohibit providing the Software.

16. Updates, Changes, and Availability
We may modify, update, suspend, or discontinue the Software (or any part of it) at any time. We may also modify these Terms from time to time. Continued use of the Software after changes become effective constitutes acceptance of the updated Terms.

17. Termination
We may suspend or terminate your access if you violate these Terms or misuse the Software. Upon termination, the license granted to you ends and you must stop using the Software.

18. Dispute Resolution; Arbitration; Class Action Waiver
Informal Resolution First. Before filing a claim, you agree to contact us at support@vipacorp.com and provide a brief written description of the dispute. The parties will attempt to resolve the dispute informally within thirty (30) days.

Arbitration. If the dispute is not resolved informally, any dispute shall be finally resolved by binding arbitration seated in Lima, Peru, conducted in Spanish (or English if both parties agree), by a single arbitrator.

Class Action Waiver. You agree that disputes will be brought only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

19. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Peru, without regard to conflict of law principles.

20. Severability; Entire Agreement
If any provision of these Terms is held unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

21. Contact
For questions about these Terms, contact us at support@vipacorp.com.

Privacy Policy

1. Information We Collect
We collect information you provide directly to us, such as when you create an account, purchase a license, or contact support. This may include your name, email address, organization, and transaction-related information. Payment information is processed by our Merchant of Record; we do not store full payment card details.

2. How We Use Your Information
We use the information we collect to: (a) provide, operate, and maintain the Software; (b) authenticate users and manage accounts; (c) process transactions and manage subscriptions/licenses; (d) provide customer support; (e) improve performance, reliability, and features; (f) communicate service updates, security notices, and administrative messages.

3. Data Sharing
We do not sell your personal data. We may share information with third-party service providers strictly as necessary to provide the Software (for example, payment processing, authentication services, analytics, and hosting providers), subject to contractual confidentiality and security obligations.

4. Data Security
We implement reasonable technical and organizational safeguards designed to protect personal data. However, no security method is 100% secure, and we cannot guarantee absolute security.

5. Data Retention
We retain personal data only as long as necessary to provide the Software, comply with legal obligations, resolve disputes, enforce agreements, and for legitimate business purposes.

6. International Transfers
Because we serve users in multiple countries and use third-party service providers, your information may be processed and stored in countries other than your country of residence.

7. Your Rights
Depending on your location, you may have rights to access, correct, delete, or restrict processing of your personal data. To exercise these rights, contact us at support@vipacorp.com.

Refund Policy

1. Refund Eligibility
If you are not satisfied with your purchase, you may request a refund within 14 days of the original purchase date, subject to any additional requirements imposed by the Merchant of Record or applicable law.

2. How to Request a Refund
To request a refund, email support@vipacorp.com with your order number, the email used at checkout, and a brief reason for the request.

3. Subscription Cancellations
You may cancel your subscription at any time. If you cancel, your subscription remains active until the end of the current billing period. We do not provide refunds for partial subscription periods.

4. Processing Time
Approved refunds are typically processed within 5 to 10 business days and returned to the original payment method.

5. Non-Waivable Rights
Nothing in this Refund Policy limits any non-waivable rights you may have under applicable law.