Terms of Service

IMPORTANT — PLEASE READ CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICE.

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Boar Systems (“Company,” “we,” “us,” or “our”) governing your access to and use of the software, applications, databases, data outputs, and all related services (collectively, the “Service”) provided through www.boarsystems.com. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and “you” refers to both you individually and the organization.

1. ACCOUNT REGISTRATION AND SECURITY

To access certain features of the Service, you must create an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your account information; (c) maintain the confidentiality of your login credentials; (d) accept responsibility for all activities that occur under your account; and (e) notify us immediately at support@boarsystems.com if you suspect any unauthorized access or use of your account. You are solely liable for any unauthorized use of your account resulting from your failure to safeguard your credentials. We reserve the right to suspend or terminate any account that we reasonably believe has been compromised.

2. PERMITTED USE AND RESTRICTIONS

Subject to your compliance with, and unless otherwise provided in, these Terms and any applicable subscription plan, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes. You expressly agree that you shall not, and shall not permit any third party to: (a) copy, modify, adapt, translate, or create derivative works of the Service or any part thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying structure of the Service; (c) use the Service for any unlawful purpose or in violation of any applicable laws or regulations; (d) interfere with, disrupt, or place an unreasonable burden on the Service or its infrastructure; (e) attempt to gain unauthorized access to any part of the Service, other accounts, or systems connected to the Service; (f) use the Service to transmit malware, viruses, worms, or other harmful code; (g) use any automated means, including bots, scrapers, or crawlers, to access or extract data from the Service except as expressly permitted; (h) benchmark, test, or evaluate the Service for the purpose of developing a competing product or service; or (i) remove, alter, or obscure any proprietary notices on the Service.

3. PROHIBITION ON RESALE AND COMMERCIALIZATION

ALL INFORMATION, DATA, OUTPUTS, REPORTS, ANALYSES, AND ANY OTHER CONTENT GENERATED BY OR OBTAINED THROUGH THE SERVICES (COLLECTIVELY, “SERVICE OUTPUT”) ARE PROVIDED SOLELY FOR YOUR INTERNAL BUSINESS USE. You expressly agree that you shall not, directly or indirectly: (a) resell, redistribute, sublicense, publish, or otherwise make available any Service Output to any third party for compensation or commercial advantage; (b) use Service Output to create, enhance, supplement, or contribute to any competing product, service, or database; (c) aggregate, compile, or repackage Service Output for distribution or sale; (d) frame, mirror, or republish any portion of the Service Output on any other platform, website, or medium; or (e) provide access to Service Output to third parties through an API, data feed, or any other automated mechanism.

4. SUBSCRIPTION AND PAYMENT

Certain features of the Service require a paid subscription, which may incorporate additional terms. By selecting a paid plan, you agree to pay all applicable fees as described at the time of purchase. Fees are billed in advance on a recurring basis (monthly or annually, depending on your plan). ALL FEES ARE NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, except as expressly stated in these Terms. We reserve the right to change pricing upon thirty (30) days’ written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing. Failure to pay any fees when due may result in immediate suspension or termination of your account.

5. INTELLECTUAL PROPERTY

The Service, including all software, code, databases, data compilations, content, features, documentation, designs, trademarks, trade secrets, patents, patent applications, inventions, methodologies, algorithms, and all intellectual property rights therein, is and shall remain the exclusive property of Boar Systems. These Terms do not grant you any ownership, title, or interest in the Service or any intellectual property of Boar Systems. All rights not expressly granted herein are reserved by the Company. Any unauthorized use of our intellectual property may result in legal action.

No Implied Licenses. Nothing in these Terms shall be construed to grant any implied license under any patent, copyright, trademark, trade secret, or other intellectual property right of Boar Systems, whether by implication, estoppel, exhaustion, or otherwise. The only licenses granted to you are those expressly stated in these Terms. All other rights are expressly reserved by Boar Systems.

6. USER CONTENT

You retain ownership of any data, content, or materials that you upload, submit, or transmit through the Service (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, transferable, and sublicensable license to use, store, reproduce, modify, adapt, process, display, distribute, and create derivative works of your User Content for the purpose of providing, improving, developing, and promoting the Service and any future products or services of Boar Systems. You represent and warrant that: (a) you own or have all necessary rights to submit your User Content; (b) your User Content does not infringe upon any third-party rights, including any patent, copyright, trademark, or trade secret rights; and (c) your User Content does not violate any applicable laws or regulations. You are solely responsible for your User Content, and Boar Systems assumes no liability for any User Content submitted by you or any third party.

7. DATA COLLECTION, USE, AND PRIVACY

Aggregated and Anonymized Data. You acknowledge and agree that Boar Systems may create aggregated, anonymized, or de-identified data derived from your use of the Service (“Aggregated Data”). Aggregated Data is not considered User Content or personal information, and Boar Systems may use, retain, disclose, and commercialize Aggregated Data for any purpose without limitation, obligation, or compensation to you. This right survives termination of your account.

Privacy Policy. Additional details regarding our data practices are set forth in our Privacy Policy, available at www.boarsystems.com/privacy. The Privacy Policy is incorporated into and made a part of these Terms by reference.

8. TERMINATION

You may terminate your account at any time by contacting us at support@boarsystems.com. We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to: (a) breach of these Terms; (b) suspected fraudulent, abusive, or illegal activity; (c) conduct that we believe is harmful to other users or the Service; or (d) non-payment of fees. Upon termination: (i) your right to use the Service ceases immediately; (ii) all licenses granted to you under these Terms shall immediately terminate; (iii) you must cease all use of Service Output; and (iv) we may delete your account and all associated data after thirty (30) days.

9. DISCLAIMERS

THE SERVICE, INCLUDING ALL CONTENT, DATA, PRICING INFORMATION, SERVICE OUTPUT, SOFTWARE, AND FUNCTIONALITY, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOAR SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (C) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (D) WARRANTIES THAT THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; AND (E) WARRANTIES THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

BOAR SYSTEMS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRICING DATA, VENDOR INFORMATION, THIRD-PARTY CONTENT, OR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT BOAR SYSTEMS IS NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS CAUSED BY YOUR RELIANCE ON ANY SUCH INFORMATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BOAR SYSTEMS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IMPORTANT NOTICE REGARDING DATA AND PRICING INFORMATION. THE SERVICE INCLUDES DATABASE PRICING AND RELATED INFORMATION THAT IS COMPILED FROM PUBLICLY AVAILABLE SOURCES AND VENDOR-PUBLISHED PRICES. BOAR SYSTEMS DOES NOT INDEPENDENTLY VERIFY, WARRANT, OR GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY PRICING DATA, PRODUCT INFORMATION, VENDOR INFORMATION, OR OTHER DATA PROVIDED THROUGH THE SERVICE.

You acknowledge and agree that: (a) all pricing data and information available through the Service is provided on an “as is” and “as available” basis for general informational purposes only; (b) prices, availability, and specifications may change without notice and may differ from the information displayed in the Service; (c) you are solely responsible for independently verifying any pricing or product information before making any purchasing, business, or financial decisions; (d) Boar Systems shall have no liability whatsoever for any errors, omissions, or inaccuracies in the data provided; and (e) reliance on any information provided through the Service is entirely at your own risk.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOAR SYSTEMS, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “BOAR PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, BUSINESS, SAVINGS, GOODWILL, OR DATA; (C) ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM RELIANCE ON PRICING DATA, VENDOR INFORMATION, OR ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICE; (E) ANY LOSS OR DAMAGE RESULTING FROM UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR DATA OR TRANSMISSIONS; OR (F) ANY MATTER BEYOND OUR REASONABLE CONTROL, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE BOAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL CUMULATIVE LIABILITY OF THE BOAR PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF: (I) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO BOAR SYSTEMS DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED DOLLARS ($100.00 USD).

THE LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE BOAR PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE BOAR PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Boar Parties from and against any and all claims, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to: (a) your access to or use of the Service; (b) your User Content, including any claims of patent infringement, copyright infringement, misappropriation of trade secrets, or violation of any other intellectual property right arising from your User Content; (c) your violation of these Terms; (d) your violation of any applicable laws, regulations, or third-party rights; (e) your unauthorized resale, redistribution, or commercialization of Service Output; (f) any dispute between you and a third party arising from your use of the Service; or (g) any patent, intellectual property, or proprietary rights claim brought by any third party relating to content, data, or materials you provided to or through the Service. This indemnification obligation shall survive the termination of these Terms and your use of the Service.

12. ASSUMPTION OF RISK

You expressly acknowledge and agree that your use of the Service is at your sole risk. You assume full responsibility for any decisions made based on information, data, pricing, or outputs obtained through the Service. Boar Systems provides tools and data for informational purposes only and does not provide professional, financial, legal, or procurement advice. You should consult qualified professionals before making any business or financial decisions based on Service Output.

13. WAIVER OF JURY TRIAL

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT: (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION; (B) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (C) SUCH PARTY MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY; AND (D) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THESE TERMS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.

14. MODIFICATIONS TO TERMS AND SERVICE

We reserve the right to modify these Terms or any aspect of the Service at any time in our sole discretion. We will provide notice of material changes by posting the updated Terms on our website and updating the effective date. Your continued use of the Service after such changes constitutes your binding acceptance of the modified Terms. If you do not agree with the modifications, your sole remedy is to discontinue use of the Service. We may also modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, and without liability to you.

15. UNAUTHORIZED AND PROHIBITED UPLOADS

YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to upload, submit, and transmit any content to the Service. Without limiting the foregoing, you expressly agree that you shall not upload, submit, or transmit through the Service:

(a) any content that is proprietary to a third party, including but not limited to trade secrets, confidential business information, internal corporate documents, proprietary databases, or materials subject to non-disclosure agreements, unless you have express written authorization from the rightful owner; (b) any content that infringes upon any patent, trademark, copyright, trade secret, or other intellectual property right of any third party; (c) any content that violates any contractual obligation, fiduciary duty, or duty of confidentiality you owe to any employer, former employer, client, or third party; (d) any personally identifiable information (“PII”) of third parties, including Social Security numbers, financial account numbers, health information, or other sensitive personal data, unless expressly permitted by the Service and in compliance with all applicable privacy laws; (e) any content that violates any applicable law, regulation, or governmental order; or (f) any malicious code, viruses, corrupted files, or any other harmful software or data.

Boar Systems’ Rights and Remedies. Boar Systems has no obligation to monitor or screen User Content for unauthorized materials but reserves the right to do so at any time. If Boar Systems becomes aware or reasonably suspects that you have uploaded unauthorized, infringing, or prohibited content, Boar Systems may, in its sole discretion and without prior notice: (i) immediately remove or disable access to such content; (ii) suspend or terminate your account; (iii) report the activity to the relevant rights holder, employer, or law enforcement authorities; and (iv) pursue any and all legal remedies available, including injunctive relief and monetary damages.

16. DMCA AND COPYRIGHT INFRINGEMENT POLICY

Boar Systems respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), Boar Systems will respond to notices of alleged copyright infringement that comply with the DMCA and are properly submitted to our designated copyright agent.

If you believe that your copyrighted work has been copied and is accessible on the Service in a way that constitutes copyright infringement, please provide the following information to the address listed below: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your contact information, including name, address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Boar Systems

4030 Wake Forest Rd, Ste 349

Raleigh, NC 27609

Email: legal@boarsystems.com

17. GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without regard to its conflict of law provisions.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state and federal courts located in Wake County, North Carolina. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

18. LIMITATION ON TIME TO FILE CLAIMS

YOU AGREE THAT ANY CLAIM ARISING OUT OF THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM IS PERMANENTLY BARRED.

19. CLASS ACTION WAIVER

YOU AND BOAR SYSTEMS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

20. NO PROFESSIONAL CERTIFICATION, STAMP, OR ENDORSEMENT

THE SERVICE AND ALL SERVICE OUTPUT, INCLUDING BUT NOT LIMITED TO DATA, REPORTS, ANALYSES, DESIGNS, VISUALIZATIONS, RECOMMENDATIONS, AND AI-GENERATED CONTENT, DO NOT CONSTITUTE AND SHALL NOT BE CONSTRUED AS: (a) a professional certification, accreditation, or endorsement of any kind; (b) a licensed professional opinion, including but not limited to engineering, architectural, legal, financial, medical, accounting, or tax advice; (c) a professional “stamp,” “seal,” or approval that would be issued by a licensed professional; (d) a regulatory compliance determination, audit opinion, or legal finding; (e) a representation that any output is suitable for construction, manufacturing, implementation, regulatory submission, procurement, or any specific real-world application; or (f) a substitute for the independent judgment, review, and approval of a qualified licensed professional.

Design Immunity. No Service Output shall be deemed a “design,” “plan,” “specification,” or “professional work product” within the meaning of any professional licensing statute, building code, safety regulation, or industry standard. You are solely responsible for engaging appropriately licensed professionals to review, validate, approve, and take professional responsibility for any decisions, designs, or implementations based on Service Output. Boar Systems shall have no liability for any loss, damage, injury, or claim arising from the use of Service Output without independent professional review and approval.

21. NO THIRD-PARTY RELIANCE

The Service and all Service Output are intended solely for the benefit and use of the User who generated or received such output. No third party, including but not limited to your clients, customers, investors, lenders, regulators, contractors, partners, or any other person or entity, shall be entitled to rely upon any Service Output for any purpose whatsoever.

You shall not represent, warrant, or imply to any third party that Service Output constitutes a professional opinion, certified analysis, verified data, or endorsed recommendation of Boar Systems. If you share, distribute, or make available any Service Output to any third party to the extent permitted under these Terms, you shall include a clear and conspicuous disclaimer stating that such output was generated by an automated system, has not been independently verified, and is not intended for third-party reliance.

BOAR SYSTEMS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY TO THIRD PARTIES WHO MAY ACCESS, RECEIVE, OR RELY UPON SERVICE OUTPUT, WHETHER DIRECTLY OR INDIRECTLY, AND WHETHER OR NOT BOAR SYSTEMS HAD KNOWLEDGE OF SUCH THIRD-PARTY ACCESS OR RELIANCE. You agree to indemnify and hold harmless the Boar Parties from any claims brought by third parties arising from their reliance on Service Output that you shared or made available.

22. OPINIONS OF PROBABLE COST

Any pricing data, cost estimates, financial projections, budget analyses, or other cost-related information provided through the Service (collectively, “Opinions of Probable Cost”) are provided as opinions only and do not constitute guarantees, promises, or representations of actual costs, prices, or financial outcomes. You acknowledge and agree that:

(a) Opinions of Probable Cost are based on publicly available information, historical data, algorithmic analysis, and market conditions as of the time of generation, all of which are subject to change without notice; (b) actual costs, prices, and financial outcomes may vary materially from any Opinion of Probable Cost due to market fluctuations, vendor changes, supply chain disruptions, regulatory changes, and other factors beyond Boar Systems’ control; (c) Boar Systems has no control over the cost of labor, materials, equipment, services, or other market conditions, and does not guarantee that actual costs will not vary from Opinions of Probable Cost; (d) you shall not hold Boar Systems liable for any difference between an Opinion of Probable Cost and actual costs incurred; and (e) Opinions of Probable Cost shall not be used as the basis for any binding contract, procurement commitment, financial obligation, or investment decision without independent verification by qualified professionals.

23. LIMITATION ON REUSE OF DELIVERABLES

All Service Output is generated for, and licensed solely in connection with, the specific query, project, or purpose for which it was originally requested. You shall not, without the prior written consent of Boar Systems: (a) reuse, repurpose, or adapt any Service Output for a materially different project, client, engagement, or purpose than that for which it was originally generated; (b) modify or adapt Service Output and present it as original work product to any third party; (c) use Service Output generated under one subscription account for the benefit of a different entity, business unit, or organization; or (d) compile, aggregate, or combine Service Output from multiple queries or sessions to create a comprehensive database, report, or deliverable that exceeds the scope of a single permitted use.

If you reuse Service Output in violation of this Section, you do so at your own risk. BOAR SYSTEMS EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY LOSS, DAMAGE, OR CLAIM ARISING FROM THE REUSE OF SERVICE OUTPUT FOR ANY PURPOSE OTHER THAN THE SPECIFIC CONTEXT IN WHICH IT WAS ORIGINALLY GENERATED. Such reuse shall also constitute a material breach of these Terms.

24. NO GUARANTEE OF CONSTRUCTABILITY OR FEASIBILITY

IMPORTANT NOTICE REGARDING DESIGNS, SPECIFICATIONS, AND OUTPUTS. Any designs, specifications, plans, drawings, models, layouts, configurations, or other technical outputs generated by or through the Service (collectively, “Technical Outputs”) are provided for informational and planning purposes only. Boar Systems makes no representation or warranty that any Technical Output:

(a) can be physically constructed, manufactured, fabricated, assembled, or implemented in the real world; (b) is feasible given actual site conditions, environmental factors, geographic constraints, structural limitations, or material properties; (c) will achieve any particular performance standard, load capacity, efficiency rating, or functional outcome; (d) complies with any applicable building codes, zoning ordinances, environmental regulations, safety standards, or permitting requirements in any jurisdiction; (e) accounts for all subsurface conditions, utility locations, easements, rights-of-way, or other site-specific constraints; or (f) is suitable for procurement, bidding, permitting, or regulatory submission without substantial independent review and modification by qualified licensed professionals.

YOU ARE SOLELY RESPONSIBLE FOR ENGAGING QUALIFIED LICENSED PROFESSIONALS (INCLUDING BUT NOT LIMITED TO LICENSED ENGINEERS, ARCHITECTS, SURVEYORS, AND CODE CONSULTANTS) TO INDEPENDENTLY EVALUATE THE CONSTRUCTABILITY, FEASIBILITY, SAFETY, AND REGULATORY COMPLIANCE OF ANY TECHNICAL OUTPUT BEFORE TAKING ANY ACTION BASED THEREON. Boar Systems shall have no liability for any loss, damage, injury, death, or claim arising from the construction, manufacturing, or implementation of any Technical Output without independent professional verification.

25. NO GUARANTEE OF CONSTRUCTABILITY OR FEASIBILITY

IMPORTANT NOTICE REGARDING DESIGNS, SPECIFICATIONS, AND OUTPUTS. Any designs, specifications, plans, drawings, models, layouts, configurations, or other technical outputs generated by or through the Service (collectively, “Technical Outputs”) are provided for informational and planning purposes only. Boar Systems makes no representation or warranty that any Technical Output:

(a) can be physically constructed, manufactured, fabricated, assembled, or implemented in the real world; (b) is feasible given actual site conditions, environmental factors, geographic constraints, structural limitations, or material properties; (c) will achieve any particular performance standard, load capacity, efficiency rating, or functional outcome; (d) complies with any applicable building codes, zoning ordinances, environmental regulations, safety standards, or permitting requirements in any jurisdiction; (e) accounts for all subsurface conditions, utility locations, easements, rights-of-way, or other site-specific constraints; or (f) is suitable for procurement, bidding, permitting, or regulatory submission without substantial independent review and modification by qualified licensed professionals.

YOU ARE SOLELY RESPONSIBLE FOR ENGAGING QUALIFIED LICENSED PROFESSIONALS (INCLUDING BUT NOT LIMITED TO LICENSED ENGINEERS, ARCHITECTS, SURVEYORS, AND CODE CONSULTANTS) TO INDEPENDENTLY EVALUATE THE CONSTRUCTABILITY, FEASIBILITY, SAFETY, AND REGULATORY COMPLIANCE OF ANY TECHNICAL OUTPUT BEFORE TAKING ANY ACTION BASED THEREON. Boar Systems shall have no liability for any loss, damage, injury, death, or claim arising from the construction, manufacturing, or implementation of any Technical Output without independent professional verification.

26. SCHEDULE AND TIMELINE DISCLAIMER

Any schedules, timelines, project plans, milestone dates, duration estimates, critical path analyses, or other time-related outputs generated by or through the Service (collectively, “Schedule Outputs”) are approximations and estimates only. Schedule Outputs do not constitute commitments, guarantees, or representations that any project, task, or deliverable will be completed by any particular date or within any particular timeframe. You acknowledge and agree that:

(a) actual project durations and completion dates may vary materially from Schedule Outputs due to factors including but not limited to: weather conditions, labor shortages, supply chain delays, material unavailability, permitting delays, regulatory changes, change orders, unforeseen site conditions, equipment failures, subcontractor performance, force majeure events, and any other circumstances beyond the control of Boar Systems; (b) Boar Systems has no control over the means, methods, techniques, sequences, or procedures of actual project execution; (c) Schedule Outputs are based on assumptions, historical data, and algorithmic analysis that may not reflect current or future conditions; (d) Schedule Outputs do not account for all potential delays, disruptions, or contingencies that may arise during project execution; and (e) you shall not hold Boar Systems liable for any costs, damages, penalties, liquidated damages, or other losses arising from actual timelines differing from Schedule Outputs.

27. SPECIFICATION DISCLAIMER

Any specifications, material specifications, performance specifications, technical requirements, standards references, or other specification-related outputs generated by or through the Service (collectively, “Specification Outputs”) are provided as informational references only. Specification Outputs:

(a) do not guarantee compliance with any applicable building codes, fire codes, electrical codes, plumbing codes, mechanical codes, energy codes, accessibility standards, environmental regulations, or any other regulatory requirements in any jurisdiction; (b) may reference standards, codes, or regulations that have been superseded, amended, or repealed since the data underlying the Service was last updated; (c) do not account for jurisdiction-specific amendments, local ordinances, or interpretive bulletins that may modify the application of referenced standards; (d) do not constitute a code analysis, regulatory compliance review, or professional specification prepared by a licensed professional; (e) may not reflect the most current product specifications, material properties, or manufacturer recommendations; and (f) must be independently verified by appropriately licensed professionals before being incorporated into any construction documents, procurement specifications, or regulatory submissions.

28. CHANGED CONDITIONS AND ASSUMPTIONS DISCLAIMER

All Service Output, including but not limited to estimates, designs, specifications, schedules, and analyses, is generated based on the information, data, inputs, and assumptions available at the time of generation (collectively, “Underlying Assumptions”). You acknowledge and agree that:

(a) Boar Systems does not independently verify the accuracy, completeness, or currency of any data or information used to generate Service Output; (b) if actual conditions differ from the Underlying Assumptions—including but not limited to differing site conditions, subsurface conditions, environmental conditions, market conditions, regulatory changes, material availability, labor market conditions, or any other changed circumstances—Service Output may be rendered inaccurate, incomplete, or inapplicable; (c) Boar Systems shall have no liability for any inaccuracy in Service Output resulting from incorrect, incomplete, outdated, or misleading inputs or data provided by you or sourced from third parties; (d) it is your sole responsibility to verify that the Underlying Assumptions remain valid and applicable before relying on any Service Output; and (e) you shall promptly notify Boar Systems of any material changes in conditions or assumptions that may affect the validity of previously generated Service Output, but such notification shall not create any obligation on the part of Boar Systems to update or revise prior outputs.

29. NO MEANS AND METHODS RESPONSIBILITY

Boar Systems provides information, data, analyses, estimates, designs, specifications, and other outputs solely for informational and planning purposes. BOAR SYSTEMS DOES NOT DIRECT, CONTROL, OR ASSUME RESPONSIBILITY FOR:

(a) the means, methods, techniques, sequences, or procedures of construction, manufacturing, fabrication, installation, or implementation; (b) safety precautions, programs, or practices at any job site, facility, or location; (c) the acts, omissions, or performance of any contractor, subcontractor, supplier, vendor, or other third party; (d) the selection, procurement, or quality of materials, equipment, or labor; (e) compliance with Occupational Safety and Health Administration (OSHA) requirements or any other workplace safety regulations; or (f) the supervision, coordination, or management of any construction, manufacturing, or implementation activities.

The party performing the actual work (whether you, your contractors, or any third party) is solely and exclusively responsible for all means, methods, safety, and compliance. Any Service Output that references or suggests methods, sequences, or procedures is provided for informational purposes only and shall not be construed as a directive, instruction, or requirement. Boar Systems shall have no liability for any injury, death, property damage, or other loss arising from construction, manufacturing, or implementation activities, regardless of whether such activities were informed by Service Output.

30. COORDINATION DISCLAIMER

If you use Service Output in conjunction with outputs, data, designs, or information from other sources, tools, platforms, or professionals (collectively, “External Materials”), you acknowledge and agree that:

(a) Boar Systems is not responsible for the coordination, integration, reconciliation, or compatibility of Service Output with any External Materials; (b) conflicts, inconsistencies, discrepancies, or errors may arise when Service Output is combined with External Materials, and Boar Systems shall have no liability for any such conflicts or their consequences; (c) it is your sole responsibility (or the responsibility of your qualified licensed professionals) to review, coordinate, and reconcile Service Output with all External Materials before relying on or implementing any combined work product; (d) Boar Systems makes no representation that Service Output is compatible with any particular software, platform, standard, format, or methodology used by you or third parties; and (e) any damages, losses, or claims arising from the failure to properly coordinate Service Output with External Materials shall be your sole responsibility.

31. LIMITATION OF RELIANCE PERIOD

TIME-SENSITIVE OUTPUTS. All Service Output, including but not limited to estimates, pricing data, designs, specifications, schedules, and analyses, reflects conditions, data, and assumptions as of the date and time of generation only. Service Output is inherently time-sensitive and becomes increasingly unreliable as conditions change over time.

You acknowledge and agree that: (a) Service Output shall not be relied upon for any purpose after ninety (90) days from the date of generation (the “Reliance Period”), unless independently re-verified or updated; (b) market conditions, material prices, labor costs, regulatory requirements, and other factors may change materially within or after the Reliance Period; (c) Boar Systems has no obligation to notify you when Service Output has become stale, outdated, or unreliable; (d) any reliance on Service Output after the Reliance Period is at your sole risk, and Boar Systems shall have no liability for any loss, damage, or claim arising from reliance on outdated Service Output; and (e) for critical decisions, you should request updated outputs and independently verify all information regardless of when the original output was generated.

32. GENERAL PROVISIONS

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Boar Systems may assign these Terms without restriction. The section headings in these Terms are for convenience only and have no legal or contractual effect.

CONTACT US

If you have questions about these Terms, please contact us at:

Boar Systems

Email: support@boarsystems.com

Website: www.boarsystems.com