Terms of Service — MEPF Design Pro

1. Who Operates This Service

By running an estimate or purchasing Advanced/Pro Mode on MEPF Design Pro (the “Service”), you (“you,” “User”) enter into a binding agreement with FESMC (the “Operator”) on the terms set out below.

2. What This Service Is — And Is Not

MEPF Design Pro is a conceptual, screening-level estimator for mechanical/HVAC, electrical, plumbing & sanitary, and fire protection works. Given the building geometry and system parameters you enter, it computes indicative engineering loads (cooling tons, electrical demand, airflow, water demand) using standard methods — Darcy–Weisbach / Swamee–Jain hydronics, IEC 60364-5-52 cable derating, and a Hunter's-curve plumbing model — and turns them into an approximate multi-discipline Bill of Quantities and a rough-order-of-magnitude bid price through a transparent cost waterfall. The free preview shows engineering loads, the financial summary, and execution metrics; Pro access unlocks the detailed BOQ, the per-discipline cost breakdown, and the codes & standards compliance report.

This Service is not a detailed MEPF design tool, is not a substitute for a licensed engineer's independent analysis, and its output must never be used as the sole or primary basis for permitting, tender, procurement, or construction of any real building. All calculations run entirely inside your browser on the inputs you supply.

3. Eligibility and User Representations

By using this Service, you represent and warrant that:

• You are at least 18 years old and legally capable of entering into this agreement.
• If you intend to use any output in connection with an actual project, you are a licensed engineer exercising your own independent professional judgment, or working under the direct supervision of one — and you will not present or submit this Service's output as a licensed or code-compliant design in any permitting, procurement, or construction process.
• You will not remove, obscure, or misrepresent the screening-level nature of any output when sharing it with a client, contractor, or authority.

4. Access and Purchases

• The Service requires no account and stores no password; Pro access is recorded only as a single flag in your browser's local storage.
• Pro access is a one-time purchase billed via PayMongo in the currency shown at checkout. We do not receive or store your full card details.
• Where a payment provider key is not configured, the Service may operate in a demo mode that grants access without a real charge; the pricing panel discloses which mode is active.
• Because access is tied to the browser, clearing site data or switching devices/browsers will remove the unlock flag.

5. Your Project Data

You retain full ownership of the project inputs you enter. Those inputs never leave your browser — the Operator does not receive, store, or process them, and cannot access, sell, or share them. See the Privacy Policy for the complete data-flow description.

6. Acceptable Use

You agree not to:

• Represent output from this Service as a sealed, certified, or code-compliant MEPF design, or as the work product of a licensed engineer, unless a licensed engineer has independently verified it as such using real project data and full code-compliant analysis.
• Use the Service, or any output from it, as the basis for construction, permitting, or any decision materially affecting the safety of a building or the people in or around it, without the independent review described in Section 2.
• Attempt to reverse-engineer, scrape, or extract the Service's calculation logic for use in a competing commercial product, or circumvent the paywall.
• Interfere with, disrupt, or attempt unauthorized access to the Service.
• Use the Service for any unlawful purpose under applicable law.

7. No Professional Relationship Created

Use of this Service does not create an engineer-client, consultant-client, or any other professional services relationship between you and the Operator. No engineering advice specific to your project is provided; it is a self-service calculation tool operating on the inputs you supply.

8. Codes and Standards References

References to standards such as ASHRAE, NFPA, IEC, ISO, ICC (IPC/IMC/IFC/IECC), CEN (EN), BSI, AHRI, and FM Global, together with the per-jurisdiction Authority-Having-Jurisdiction notes, are provided for convenience and identify editions understood to be current as of the stated date. Standards are revised and adopted differently across jurisdictions. We do not reproduce the standards themselves and make no representation that any referenced edition is the one in force for your project.

9. Disclaimer of Warranties

To the fullest extent permitted by law, the Service and all outputs are provided “as is” and “as available,” without warranty of any kind, whether express, implied, or statutory, including without limitation any warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement. The Operator does not warrant that any estimate, quantity, cost, or recommendation produced by the Service is accurate, complete, or suitable for any particular site, project, or jurisdiction's building code.

10. Limitation of Liability

To the fullest extent permitted by law, the Operator shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service, including without limitation damages related to project delays, construction costs, system failure, property damage, personal injury, or death, even if advised of the possibility of such damages.

Where liability cannot be fully excluded under applicable law, the Operator's total aggregate liability arising out of or relating to the Service shall not exceed the total fees you actually paid in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct, or any liability that cannot lawfully be excluded.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Operator and its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected with: (a) your use of the Service in violation of Section 6; (b) your use of any output as the basis for actual construction, design, or permitting without the independent professional review required by these Terms; or (c) your violation of any applicable law or the rights of any third party.

12. Changes to the Service and These Terms

The Operator may modify, suspend, or discontinue any part of the Service at any time, and may update these Terms from time to time. Continued use after an update takes effect constitutes acceptance of the revised Terms. Material changes will be reflected by an updated “Last updated” date at the top of this page.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the jurisdiction in which the Operator is established, as specified in Section 1. Any dispute should first be addressed through good-faith informal negotiation using the contact details in Section 1; if unresolved within thirty (30) days, it shall be subject to the exclusive jurisdiction of the competent courts of that jurisdiction, without prejudice to any mandatory consumer-protection venue rights you may have under applicable law.

14. Severability and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect. These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Operator regarding the Service.

15. Contact — Who to Reach for App-Related Inquiries

Use the routing below so your inquiry reaches the right party. Note that some matters — payment disputes and engineering sign-off in particular — are handled by third parties, not the Operator.

For real transactions, direct all payment, receipt, and refund requests to PayMongo first; the Operator can help with unlock/access problems but cannot alter PayMongo's transaction records. Engineering-suitability questions must go to a licensed professional engineer, consistent with Sections 2 and 7.