Terms of Use
Please read these Terms of Use (“Terms”) carefully before using the Fab Intel Tech website (fabinteltech.com) or any software products and services provided by Fab Intel Tech (“we,” “our,” or “us”). By accessing our website or purchasing or using our software, you agree to be bound by these Terms.
1. Acceptance of Terms
By creating an account, purchasing a subscription, or otherwise accessing or using our services, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement, and agree to comply with these Terms and all applicable laws and regulations. If you do not agree, you must not use our services.
2. Software License
Fab Intel Tech grants you a limited, non-exclusive, non-transferable, revocable license to install and use the F.I.T. Application and any related software tools (collectively, “Software”) solely for your internal business operations within the Tekla Structures® environment, subject to the following conditions:
- License scope: Your license is for the number of seats (individual users or team members) specified in your subscription plan. Each seat may not be shared between multiple individuals simultaneously.
- License type: The Software is licensed, not sold. We retain all ownership rights, title, and interest in and to the Software, including all intellectual property rights.
- Restrictions: You may not sublicense, sell, resell, transfer, assign, or otherwise commercially exploit or make the Software available to any third party. You may not reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Software. You may not modify, adapt, translate, or create derivative works based on the Software without our express written consent.
- Tekla Structures® compatibility: The Software is designed to operate as a plug-in within Tekla Structures®, a registered trademark of Trimble Inc. Fab Intel Tech is a member of the Tekla Partners Program but is an independent company with no affiliation with Trimble Inc. We do not guarantee compatibility with every current or future version of Tekla Structures®; compatibility updates are provided at our discretion.
- Updates: We may provide updates, patches, or new versions of the Software at our discretion. Some updates may be required to continue using the Software.
3. Acceptable Use
You agree to use our website and Software only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Software for any purpose that is illegal, fraudulent, or harmful
- Attempt to gain unauthorized access to any part of our systems, infrastructure, or other users’ accounts
- Scrape, harvest, or collect data from our website or services using automated means without our prior written consent
- Transmit malware, viruses, or any other malicious code
- Use the Software to provide services to third parties (bureau or hosting services) without a separate written agreement
- Remove, obscure, or alter any proprietary notices, labels, or marks on the Software
- Circumvent any technological protection measures or license enforcement mechanisms in the Software
4. Accounts and Subscriptions
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at admin@fabinteltech.com if you suspect any unauthorized use of your account.
Subscriptions are billed on a recurring basis (monthly or annual) through our payment processor, Lemon Squeezy. By subscribing, you authorize us to charge your payment method on each billing cycle until you cancel. Prices are subject to change with reasonable advance notice.
5. Refund Policy
We want you to be satisfied with our Software. Our refund policy is as follows:
- New subscriptions: You may request a full refund within 14 days of your initial purchase if the Software does not perform as described and the issue cannot be resolved by our support team. Refund requests must be submitted to admin@fabinteltech.com within this window.
- Renewals: Renewal charges are generally non-refundable. If you wish to cancel, please do so before your renewal date. You will retain access through the end of your paid billing period.
- Annual plans: Refunds on annual subscriptions are evaluated on a case-by-case basis. Contact us to discuss your situation.
- Payment processing: All refunds are processed through Lemon Squeezy and are subject to their refund processing timelines (typically 5–10 business days).
6. Intellectual Property
All content on our website and within the Software — including but not limited to text, graphics, logos, icons, images, audio clips, code, and compiled software — is the exclusive property of Fab Intel Tech or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.
The “Fab Intel Tech,” “F.I.T. App,” and “F.I.T. Tools” names and logos are trademarks of Fab Intel Tech. Tekla Structures® is a registered trademark of Trimble Inc. All other trademarks mentioned are the property of their respective owners.
7. Disclaimer of Warranties
THE SOFTWARE AND WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Software will be error-free or uninterrupted; (b) defects will be corrected; (c) the Software or the servers that make it available are free of viruses or other harmful components; or (d) the results obtained from using the Software will meet your requirements.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAB INTEL TECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, data, or business opportunities
- Loss or corruption of project files, models, or design data resulting from use of or inability to use the Software
- Costs of procuring substitute goods or services
- Damages arising from incompatibility between the Software and a version of Tekla Structures® released after the Software’s last validated compatibility update
- Damages arising from third-party actions, integrations, or services
IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SOFTWARE EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FAB INTEL TECH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
9. Indemnification
You agree to indemnify, defend, and hold harmless Fab Intel Tech and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Software in violation of these Terms; (b) your violation of any applicable law or regulation; or (c) your infringement of any third-party intellectual property or other rights.
10. Termination
We may suspend or terminate your access to the Software immediately, without prior notice, if you breach these Terms or if we discontinue the service. Upon termination, your license to use the Software ceases immediately. Sections 6, 7, 8, 9, and 11 survive termination.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Software shall be resolved exclusively in the state or federal courts located in San Diego County, California, and you consent to personal jurisdiction in such courts.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on our website at least 14 days before they take effect. Your continued use of the Software after the effective date of any changes constitutes your acceptance of the revised Terms.
13. Contact Us
For questions about these Terms, please contact:
- Email: admin@fabinteltech.com
- Phone: +1 (877) 257-4852
- Mail: Fab Intel Tech, 9984 Scripps Ranch Blvd #1039, San Diego, CA 92131