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Terms of Service

Last updated: August 2026 · SmartX Construction Technologies (“SmartX”, “we”, “us”, or “our”)

Important Summary:

  • Software as a Service (SaaS): SmartX provides the MeasureX AI software platform. We do not provide architectural, engineering, or contract bidding consultancy services.
  • Estimator Responsibility: You are responsible for verifying scales, takeoff quantities, unit rates, and drawing revisions before submitting tender bids or executing contracts.
  • Content Ownership: You retain full intellectual property ownership of all uploaded drawings, blueprints, specifications, and project takeoffs.

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (either individually or on behalf of the legal entity you represent) and SmartX Construction Technologies governing your access to and use of our website (https://www.smartxcc.com), cloud applications, API endpoints, and MeasureX AI software (collectively, the “Service”).

By creating an account, accessing, or using the Service, you represent that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy. If you do not have such authority or do not agree with these Terms, you must not access or use the Service.

2. Description of Service & User Responsibilities

SmartX provides cloud-based software tools designed to assist construction estimators, contractors, engineers, and quantity surveyors with multi-trade digital takeoff, drawing markup, scale calibration, schedule extraction, and bill of quantities generation.

  • Software Provider Only: SmartX is a software vendor. The Service generates mathematical quantity measurements and structured data based on digital drawings uploaded and calibrated by users. Outputs do not constitute professional engineering stamps, certified cost consultancy, or legal compliance certifications.
  • Estimator Verification: Digital takeoff measurements (counts, lengths, areas, volumes, trench depths, duct gauges) depend on drawing scale, resolution, raster quality, and user calibration. You agree that your professional estimating team is solely responsible for verifying drawing dimensions, calibrating scales, reviewing AI-assisted counts, and ensuring accuracy before using takeoff outputs in bids, procurement, or construction contracts.

3. Accounts, Roles & Security

  • Account Registration: You must provide accurate, current, and complete registration details. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
  • Role-Based Access: The platform supports distinct role scopes (Platform Administrator, Company Manager, Estimator, and View-Only Customer). Company managers are responsible for managing seat assignments, invitations, and permissions within their licensed quotas.
  • Unauthorized Access: You must notify us immediately at security@smartxcc.com if you discover or suspect any security breach or unauthorized use of your account.

4. Acceptable Use Policy

You agree to use the Service in compliance with all applicable laws and regulations. You shall not:

  • Reverse engineer, decompile, disassemble, or attempt to derive source code from any portion of the Service.
  • Use automated scrapers, bots, or extraction scripts to harvest data or overload infrastructure.
  • Upload any files containing viruses, trojans, ransomware, or malicious code.
  • Upload drawings, specifications, or documents that infringe on any third party’s copyright, trademark, trade secret, or intellectual property rights.
  • Bypass or attempt to circumvent authentication gates, role scopes, licensing limits, or AI usage quotas.
  • Resell, sublicense, time-share, or provide unauthorized third-party bureau access to the Service without an authorized partner agreement.

5. Intellectual Property & Content Rights

A. SmartX Intellectual Property

SmartX and its licensors retain all right, title, and interest in and to the Service, including the user interface, proprietary algorithms, geometric computation engines, branding, logos, documentation, and underlying software code.

B. Your Content Ownership

You retain 100% intellectual property ownership of all drawings, blueprints, specifications, notes, takeoff marks, and project data uploaded or created by your organization (“Customer Content”).

You grant SmartX a non-exclusive, worldwide, royalty-free license solely to host, process, cache, display, and transmit Customer Content as strictly necessary to deliver the features of the Service to you and your authorized team members. SmartX does not use your proprietary drawings to train public or foundational machine learning models.

6. Subscriptions, Fees & Payment

  • Subscription Plans: Access to full features (including AI Helper, Auto Count, Trench/Trade calculations, BOQ export, and multi-user collaboration) is provided on a subscription basis (Freelancer, Team, or Enterprise) as described on our Pricing Page or in your written enterprise order form.
  • Billing Cycles: Paid subscriptions are billed in advance on a recurring monthly or annual basis. Subscriptions renew automatically unless cancelled prior to the renewal date.
  • Taxes: All fees are exclusive of applicable federal, state, local, or value-added taxes (e.g. GST/VAT), which will be added to billing statements where required by law.
  • Refund Policy: Except as required by mandatory consumer protection law or explicitly stated in a signed enterprise order form, all subscription fees are non-refundable.
  • Suspension for Non-Payment: We reserve the right to suspend access to paid features if invoices remain past due following written notification.

7. Fair Use & AI Processing Quotas

To ensure platform reliability and prevent abusive resource consumption, subscription plans include generous monthly AI job quotas and drawing processing limits. Usage significantly exceeding normal commercial estimating patterns may be subject to rate-limiting or require an enterprise quota expansion.

8. Service Availability & Maintenance

We strive to maintain 99.9% uptime for core platform services. However, availability may occasionally be interrupted for scheduled maintenance, emergency patches, cloud hosting outages, or circumstances beyond our reasonable control. We post maintenance advisories in advance whenever feasible.

9. Disclaimers & Limitation of Warranties

Please read this section carefully as it limits the legal liability of SmartX.

THE SERVICE, INCLUDING ALL QUANTITY TAKEOFF CALCULATIONS, AI-ASSISTED MEASUREMENTS, AND EXPORTED DATA, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

SMARTX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, NOR DO WE WARRANT THE ACCURACY OR RELIABILITY OF ANY ESTIMATING OR TAKEOFF OUTPUT PRODUCED WITHOUT INDEPENDENT HUMAN VERIFICATION BY A QUALIFIED ESTIMATOR.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTX, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, DATA, CONTRACT OPPORTUNITIES, BID LOSSES, OR PROJECT DELAYS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING UNDER OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO SMARTX FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless SmartX, its officers, affiliates, and employees from and against any third-party claims, liabilities, damages, losses, and reasonable legal expenses arising out of or related to (a) your violation of these Terms, (b) your Customer Content, or (c) bids, estimates, or construction contracts executed by your organization using takeoff data generated through the Service.

12. Termination

You may terminate your account at any time via your dashboard settings or by contacting info@smartxcc.com. SmartX may suspend or terminate your account if you materially breach these Terms. Upon termination, your right to access the Service ceases, and project data will be handled in accordance with our Privacy Policy.

13. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the substantive laws applicable to commercial software agreements, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved through good-faith mutual negotiations, and if unresolved, submitted to binding arbitration or competent courts having jurisdiction over commercial technology disputes.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. When changes are made, we will update the “Last updated” date at the top of this document. Continued use of the Service following the posting of revised Terms signifies your acceptance of the changes.

15. Contact Information

For questions, legal inquiries, or enterprise contract terms, please contact: