Terms of Service
Draft for legal review. Bracketed items must be completed and the text reviewed by counsel before public launch. Remove this notice when approved.
1. Who we are
OpalSketch (the "Service") is a design and project software product operated by RK Parisi Enterprises, a [entity type] organized in [state or country] ("we", "us"). By creating an account or using the Service you agree to these terms. If you use the Service for a business, you confirm that you can bind that business, and "you" includes it.
2. The Service
The Service lets you draw rooms, place cabinets, appliances and fixtures, view designs in 3D, manage projects, contacts, quotes, invoices, purchase orders and related documents, and share designs with clients. Designs, quotes and drawings created with the Service are preliminary planning aids. They are not architectural, engineering or construction documents. You are responsible for verifying every dimension, code requirement and product detail before anything is ordered or built.
3. Accounts and workspaces
You are responsible for your account, for the people you invite, and for activity under your workspace. Keep your credentials confidential and tell us promptly about unauthorized use. Business customers are responsible for the accuracy of the client information they enter and for having the right to enter it.
4. Your content
You keep ownership of the designs, notes, files, contacts, documents and other content you put into the Service ("Your Content"). You give us a limited license to host, process and display Your Content only as needed to run and improve the Service for you, including showing it to the clients and team members you choose. You can export or delete Your Content as described in the product.
5. Product catalog and prices
The Service can show products, images, specifications and prices supplied by third-party retailers and manufacturers. That information may be incomplete, out of date or change without notice. We do not guarantee availability, pricing, dimensions or compatibility. Confirm details with the seller before you rely on them.
6. Plans and fees
We may offer free and paid plans. Paid plan prices, billing periods, renewals and cancellation terms will be shown at purchase [or in an order form]. Taxes are your responsibility unless stated otherwise. [Refund terms to be completed.]
7. Acceptable use
You agree to follow our Acceptable Use Policy.
8. Intellectual property and trademarks
The Service, including its software, design and documentation, belongs to RK Parisi Enterprises and its licensors. OpalSketch names and logos are covered by our Trademark Notice. Except for Your Content and as these terms allow, no rights are granted to you.
9. Third-party services
The Service connects to third-party services, such as a product catalog and storefront, content delivery networks, font hosting and, where you enable them, payment or sign-in providers. Their terms and privacy practices apply to your use of them.
10. Privacy
Our Privacy Policy explains how we handle personal information.
11. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that designs or calculations are accurate for your project.
12. Limitation of liability
To the fullest extent the law allows, RK Parisi Enterprises will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from your use of the Service. Our total liability for any claim is limited to the greater of the amount you paid us for the Service in the 12 months before the claim and [amount]. Some jurisdictions do not allow certain limits, so parts of this section may not apply to you.
13. Changes and termination
We may update the Service and these terms. If a change is material we will give notice in the product or by email. You may stop using the Service at any time. We may suspend or end access for violation of these terms or to protect the Service or others. Sections that by their nature should survive termination will survive.
14. Governing law
These terms are governed by the laws of [state or country], without regard to conflict-of-law rules. Disputes will be resolved in the courts located in [county, state], unless the law requires otherwise. [Counsel to confirm dispute-resolution terms.]
15. Contact
Questions about these terms: [legal contact email], [mailing address].