Terms of Use

Terms of Use

Effective August 29, 2025

Please read these Terms of Use carefully before using the Software and website(s). Important content within this document is highlighted (like this sentence).

These Terms of Use (“Terms”) govern your use of the software application(s) and websites (“Software”) provided by Jacob W. Esselstyn DBA “StructurApps”. (“Developer,” “I,” “me,” or “my”). By downloading, installing, or using the Software, you (“User,” “you”) agree to have read, understood, and be bound by these Terms. Your acceptance of these Terms is required for you to use my Services. If you do not agree, do not use the Software.

I recommend that you print or save a copy of these Terms and the associated Privacy Policy for your records.

1. Definitions

Developer – Jacob W. Esselstyn, the creator, owner, and licensor of the Software. My employees and agents shall also be included implicitly in all instances of “Developer”, “I”, “me”, or “my” within these Terms.

Distributor – A third party that provides a marketplace/platform for distributing the Software to Users.

Output – Any calculation results, data, or information produced by the Software.

Software – The software application(s), including all related code, algorithms, data, and documentation. Websites owned by me shall also be classified as Software within these Terms.

Services – All Software (including websites) owned by me, and any actions I take on behalf of a User.

Submission – An idea, suggestion, feedback, or other similar information about the Software that is provided directly to me by a User for the purpose of modifying or improving the Software.

Terms – The Terms of Use (this document), governing your use of the Software. 

User – Any individual or entity who accesses or uses my Services.

2. License Grant and Restrictions

I grant you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for lawful purposes and only as permitted in accordance with these Terms.

You may not:

• Reverse engineer, decompile, or disassemble the Software.

• Modify, copy, distribute, or create derivative works of the Software.

• Distribute, transfer, rent, lend, lease, sell, or sublicense the Software.

• Use the Software for any unlawful or unauthorized purpose prohibited by these Terms.

• Attempt to circumvent, disable, or bypass any technical protections or security measures in the Software.

The Software is licensed, not sold. I retain all rights, title, and interest in and to the Software, including all intellectual property rights, except for the limited license granted to you under this agreement.

3. Disclaimer of Warranties

The Services are provided “as-is” and “as-available”. I disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, in connection with the Services and your use thereof, including but not limited to warranties of merchantability, fitness for a particular purpose, and/or non-infringement. You agree that your use of the Services will be at your sole risk. 

I make no guarantees or warranties regarding:

• Accuracy, precision, correctness, completeness, or suitability of the Output — I make no representation that the Software is free from flaws, inaccuracies, and other issues that could invalidate the Output. The Output may not reflect the intentions a User has for using the Software. 

• Uninterrupted Services — I make no representation that the Software or other related Services will always be available or functioning continuously. Additionally, I do not guarantee the continued availability of any integrated third-party services.

• Error-free Software — I make no representation that the Software is free of errors and harmful components.

• Regulatory compliance — I make no representation that the Software and/or Output meet the requirements of any codes, standards, or regulations. The Software is not certified or approved by any regulatory authority.

• Maintenance and support — I may make attempts to fix errors and flaws in the Software, to ensure that the Software will run on the latest devices and operating systems, and to respond to inquiries and questions related to the Software. However, I have no express or implied obligation to provide any maintenance, technical, or other support for the Software.

• Third-party content — I make no warranties or guarantees and assume no liability for third-party products, content, or services, including but not limited to linked websites and content featured in advertisements.

4. User Responsibilities

You agree to not misuse the Services, to not attempt to interfere with its operation, and to not use the Services in violation of applicable laws or regulations.

You are solely responsible for:

• Critically reviewing, questioning, verifying, and validating all Output. 

• Ensuring the Software is suitable/fit for your intended particular purpose, and applying your own judgment before relying on any Output.

• Ensuring that your use of the Software is permitted by law and other third-party agreements. I am not responsible for any action taken against you as a result of your use of the Services. 

• Ensuring that any information you provide to me is true, complete, and accurate.

If you download the Software through a software distributor (“Distributor”), you acknowledge that the Distributor is not responsible for the Software or its content. Your use of the Software must comply with the Distributor’s terms.

5. Age Restriction / Eligibility

To download and use the Software, you must meet the minimum age requirement listed by the Distributor for the Software. To be eligible to use all of my Services without restriction, you must be at least 13 years old and reside in the United States, or have reached the age of majority in your jurisdiction. By using the Services, you represent that you meet these age requirements. If you do not meet these requirements, you may only use the Services and agree to these Terms with the consent and supervision of a parent or guardian.

To use download and use my Software, you must reside in a location where the Software is available from the Distributor.

6. Refund Policy

If you are dissatisfied with the Software, you may request a refund. Refunds are limited to the maximum of either the amount you initially paid for the Software or the amount you paid during the most recent billing period of your Software subscription. Refunds will be issued in accordance with the refund polices of the Distributor, and, if permitted, will be issued on a discretionary basis. To initiate a refund, you may contact me using the Contact Information in these Terms, or follow the instructions provided by the Distributor.

7. Intellectual Property Rights

Unless noted otherwise, all intellectual property rights in the Services, including but not limited to source code, algorithms, designs, documentation, trademarks, and copyrights, are and shall remain my sole property. No rights are transferred to you except as expressly granted in these Terms.

If you directly send me a comment, suggestion, idea, feedback, or other information about how to modify or improve the Software (a “Submission”), you grant me a perpetual, irrevocable, royalty-free, worldwide license to use the submission. You agree that I shall be entitled to the unrestricted use and dissemination of a Submission for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you. 

By sending me a Submission, you:

• Confirm that you agree to these Terms and the Privacy Policy.

• To the extent permitted by law, waive any and all moral rights to any such Submission.

• Warrant that any such Submission is original to you, and that you have the necessary rights and licenses to submit such Submissions and have the full authority to grant me the above-mentioned rights in relation to your Submission(s).

• Warrant that your Submission(s) do not constitute confidential information. 

You are solely responsible for your Submission(s) and you expressly agree to reimburse me for any and all losses and damages because of your breach of this section, any third parties’ intellectual property rights, or applicable law.

8. Limitation of Liability

In no event shall I be liable for any direct, indirect, incidental, consequential, exemplary, special, or punitive damages, including but not limited to loss of data, lost profit, lost revenue, delays, third-party claims, or other damages, even if I have been advised of the possibility of such damages, out of or in connection with the Services. 

To the maximum extent permitted by law, your sole remedy for dissatisfaction with the Services is to stop using the Services and/or to request a refund for the Software causing dissatisfaction. In no event shall my total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence) or otherwise, exceed the amount paid by you for use of my Services and the Software.

I shall not be liable or responsible for:

• Errors, omissions, mistakes, or inaccuracies of content, materials, and/or Output.

• Personal injury or property damage, of any nature whatsoever, resulting from your access and use of the Services.

• Unauthorized access to or use of the Services.

• Any interruption or cessation of the Services.

• Any failure or delay in performance due to causes beyond my reasonable control.

• Bugs, viruses, trojan horses, etc., which may be transmitted to or through the Services by any third-party.

Third-Party Content and Services
The Services may display, include, or provide access to third-party content (including but not limited to APIs, libraries, databases, information, materials, advertising, or websites) or link to third-party services. I do not control, endorse, or assume responsibility for any third-party content, services, or practices. I am not responsible for the availability of, accuracy of, or data collection practices of third parties. Your use of third-party content or services is at your own risk and may be subject to separate terms and privacy policies established by those third parties. I am not responsible for, and expressly disclaims any liability arising from your use of or reliance on third-party content or services made available through the Services. I am not responsible for monitoring any transaction between you and any third parties. 

9. Indemnification

You agree to indemnify, defend, and hold me harmless from and against any and all losses, actions, claims, damages, liabilities, demands, costs, and/or expenses (including reasonable attorneys’ fees) incurred by me or asserted against me, made by any third-party due to or arising out of: use of the Services, breach of these Terms and/or any warranties within this agreement, breach of applicable laws, or violation of third-party rights, by any User(s).

10. No Professional Relationship

There is no joint venture, partnership, employment, or agency relationship between you and me as a result of these Terms or your use of the Services. Your use of the Services does not create a professional relationship.

11. Engineering-Related Software

Your use of engineering-related Software (including but not limited to engineering tools & databases) and associated Services does not create a professional engineering services agreement or an engineer–client relationship.

Unless noted otherwise, engineering-related Software is provided for educational and informational purposes only. The Software is not permitted to be used in violation of academic integrity policies. The Software is neither a substitute for professional engineering judgment or services requiring a licensed professional engineer nor a substitute for professional engineering design software and tools. The Software should not be relied upon for any engineering or safety-critical decisions. Engineering-related Software is not certified or approved by any regulatory authority.

12. Termination

You may terminate these Terms at any time by destroying the Software and discontinuing your use of my Services. 

I may terminate or suspend your license to use the Software at any time, with or without notice, if I believe you have violated these Terms. Upon termination, you must stop all use of the Software and, if applicable, uninstall or delete it from your devices.

13. Data Collection and Privacy

I may collect certain information from you and your device in connection with your use of the Software. The collection, storage, use, and sharing of such information is governed by my Privacy Policy. The Privacy Policy does not apply to third-party websites or services.

By using the Services, you acknowledge that you have read and agree to the current Privacy Policy. The Privacy Policy can be viewed here: https://sites.google.com/view/structurapps/privacy-policy.

14. Electronic Communications

By using the Services, you consent and agree to receive communications from me electronically. You agree that all agreements, notices, disclosures, records of transactions, and other communications I provide electronically (including by email or within the Software), satisfy any legal requirement that such communications be in writing, and you agree that such communications/documents may be delivered electronically. 

You also agree that electronic signatures, contracts, orders, and other records have the same legal effect as written documents. You agree to waive any requirement for original (non-electronic) signatures, records, or payments, and agree to waive any requirement for delivery or retention of non-electronic records. You waive any and all defenses you may have based on the electronic form of these Terms or based on the lack of any formal signature by you or me to execute these Terms.

If you provide me your email address and subscribe to any email lists, you also consent to receiving regular updates, promotional emails, and service notices electronically.

15. Changes to Software and Terms:

These Terms apply to all versions of the Software unless noted otherwise. I reserve the right, but have no obligation, to change, revise, update, modify, suspend, or discontinue the Software at any time without notice. 

I may update these Terms at any time. I will take reasonable steps to inform you if there are material changes to this policy. Changes will be posted with a new “Last updated” date, and the updated Terms will be in effect as soon as the Terms are publicly available. Continued use of the Services after any changes constitutes your acceptance of the revised Terms.

16. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Massachusetts, in the United States of America, without regard to its conflict of law principles, unless otherwise required by applicable law in your jurisdiction.

You may not use or export the Software in violation of applicable export control or sanctions laws and regulations. If you use the Services from outside the United States, you are responsible for compliance with all local laws. You represent that you are not located in a country that is subject to a U.S. government embargo, designated by the U.S. government as a 'terrorist supporting' country, or listed on any U.S. government list of prohibited or restricted parties.

17. Dispute Resolution

In the event of a dispute, controversy, or claim (a “Dispute”) related to these Terms or the Services, brought by either you or me (individually, a “Party” and collectively “Parties”), the Parties agree to first attempt to negotiate any Dispute informally and privately for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party, and acknowledgement by the other Party. In the case that no settlement is reached, a decision shall be made by a single neutral arbitrator agreed upon by the Parties, within the State of Massachusetts, in binding arbitration pursuant to the commercial arbitration rules of the American Arbitration Association then in effect. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The written decision of the arbitrator shall be final and binding and may be entered and enforced in any court of competent jurisdiction. Each Party shall pay its own fees and expenses, unless otherwise determined by the arbitrator.

To the maximum extent permitted by law, each Party waives the right to a jury trial and to class actions in any such form. There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures. There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. No arbitration shall be joined with any other proceeding.

18. Severability

These Terms shall operate to the maximum extent permitted by law. If any provision of these Terms is found to be unlawful, invalid, void, or unenforceable, that provision is deemed severable from these Terms, and the remaining provisions shall continue in full force and effect.

19. Survival of Terms

The provisions relating to intellectual property rights, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law shall survive any termination of these Terms.

20. Entire Agreement and Miscellaneous

These Terms constitute the entire agreement and understanding between you and me regarding the Software and supersede all prior or contemporaneous agreements, understandings, or communications. 

If I do not exercise or enforce any right or provision of these Terms, it does not imply a waiver of such right or provision. I may assign any or all of my rights and obligations to others at any time.

21. Contact Information

If you have questions, comments, or concerns about these Terms, you may email me at jacobwe.dev@gmail.com.