Cretegen Terms and Conditions

Understand your rights and responsibilities when using Cretegen, Inc., including the rules that keep our platform secure, transparent, and reliable.

Terms of Use

Welcome to Cretegen, a platform designed to assist concrete professionals (“Service Providers” or “you”) with tools for concrete measurements, estimating, and workflow automation. These Terms & Conditions (“Terms”) outline the rules, restrictions, and legal agreements governing your use of Cretegen.io and any associated products, services, or applications (collectively, the “Services”).

If you have any questions about these Terms or the Services, please contact us at:
Email: support@cretegen.io
Address: 14125 W Kostner Ln., STE A, New Berlin, WI 53151

These Terms constitute a binding legal agreement between you and Cretegen, Inc. (“Cretegen,” “we,” or “us”). Your use of the Services signifies your acceptance of these Terms. If you do not agree to these Terms, you may not use or access the Services.

By using the Services, you also agree to our Privacy Policy, which governs how we collect, store, and use your data. Additional policies, rules, and conditions may also apply to specific services.

DEFINITIONS

  • “Platform” refers to Cretegen’s web and mobile interfaces and all underlying infrastructure.
  • “Content” refers to all text, data, images, graphics, software, tools, and other materials provided by Cretegen.
  • “User Content” means any content submitted, uploaded, or transmitted by you via the Services.
  • “Service Provider” means any contractor, business, or individual using Cretegen for business purposes.
  • “Subscriber” refers to users on a paid plan or subscription.

ACCEPTANCE OF TERMS

1.1 Agreement to Terms

By accessing or using the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

1.2 Eligibility

You must be at least 18 years old (or the legal age of majority in your jurisdiction) to use Cretegen. If you are under 18, you may use the Services only with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

1.3 Use on Behalf of an Entity

If you are using the Services on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms. If you do not have such authority, you may not use the Services.

1.4 Changes to Terms

Cretegen reserves the right to modify or update these Terms at any time. We will notify you of significant changes via email or by posting an updated version on our website. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms.

ACCOUNT REGISTRATION AND SECURITY

2.1 Account Creation

To access certain features of the Services, you may be required to create an account. You agree to provide accurate, complete, and up-to-date information during registration and to update such information as necessary to ensure its accuracy.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree not to share your login information with others and to notify Cretegen immediately of any unauthorized access or security breach.

2.3 Account Responsibility

You are fully responsible for all activities that occur under your account. Cretegen is not liable for any loss or damage arising from unauthorized use of your account due to your failure to secure your credentials.

2.4 Multiple Accounts

Users may not create multiple accounts for fraudulent purposes, including attempting to bypass Cretegen’s pricing, usage limits, or restrictions. Any violation may result in account termination.

2.5 Account Termination by Cretegen

We reserve the right to suspend, restrict, or terminate your account at any time if we determine that you have violated these Terms or engaged in unauthorized or fraudulent activities.

2.6 Account Deactivation by User

You may request to deactivate your account at any time by contacting support@cretegen.io. Note that certain data may be retained for legal or operational purposes as outlined in our Privacy Policy.

2.7 Business Use Only

The Services are intended solely for business and commercial use. You agree not to use the Services for personal, non-commercial purposes.

USE OF SERVICES

3.1 Permitted Use

Cretegen grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services strictly for business purposes related to concrete estimating, measurement, and workflow management. You may not use the Services for any unlawful or unauthorized purposes.

3.2 Prohibited Activities

You agree not to:

  • Use the Services for illegal, fraudulent, or deceptive activities.
  • Attempt to reverse engineer, decompile, or modify any part of the Services.
  • Copy, distribute, or commercially exploit any part of the Services without prior written consent from Cretegen.
  • Interfere with or disrupt the Services, including hacking, overloading servers, or deploying harmful code.
  • Use automated systems, bots, or scrapers to extract data from the platform without authorization.
  • Misrepresent your affiliation with Cretegen or impersonate another user.

3.3 Service Modifications

Cretegen reserves the right to modify, suspend, or discontinue the Services at any time without prior notice. We are not liable for any interruptions or downtime.

3.4 Third-Party Integrations

The Services may integrate with third-party tools or platforms. Your use of these integrations is subject to the respective third parties’ terms and policies. Cretegen is not responsible for third-party services or any data shared with them.

3.5 Beta Features

Beta services are offered “as-is,” may contain bugs, and may be discontinued at any time. Use is at your own risk.

3.6 API Access

Access to any public or private API endpoints provided by Cretegen must comply with applicable rate limits and security protocols. Abuse or misuse may result in suspension or permanent revocation of API access.

PAYMENT TERMS AND BILLING

4.1 Pricing and Fees

Access to certain features of Cretegen may require payment. The applicable fees and pricing details will be provided at the time of purchase. Cretegen reserves the right to modify pricing at any time, with at least 14 days’ notice provided to current subscribers.

4.2 Subscription Plans

Some Services may be offered on a subscription basis. If you subscribe to a paid plan, you agree to recurring billing at the stated interval (e.g., monthly, annually) until you cancel your subscription.

4.3 Billing and Payment Processing

All payments are processed through third-party payment providers. By making a payment, you authorize Cretegen or its payment processor to charge your provided payment method. You are responsible for keeping your billing information accurate and up to date.

4.4 Automatic Renewals

Unless canceled before the end of the billing cycle, subscriptions automatically renew at the current rate. You may cancel your subscription at any time through your account settings or by contacting support@cretegen.io.

4.5 Refunds

Payments are non-refundable unless otherwise stated. In some cases, Cretegen may issue refunds at its sole discretion for extenuating circumstances. Refund requests must be submitted in writing to support@cretegen.io.

4.6 Late or Failed Payments

If a payment fails, we may suspend or terminate your access to the Services until the outstanding balance is settled. You remain responsible for any unpaid amounts, and Cretegen may charge late fees or collection costs if necessary.

4.7 Taxes

You are responsible for any applicable taxes, levies, or duties associated with your use of the Services, as required by local laws.

4.8 Payment Disputes

Initiating a chargeback without first contacting support@cretegen.io to resolve a billing issue may result in account suspension. Chargebacks determined to be fraudulent may incur investigation fees or be referred to collections.

TERMINATION AND SUSPENSION

5.1 Termination by User

You may terminate your account at any time by contacting support@cretegen.io or by following the account deletion procedures within the platform. Termination does not relieve you of any outstanding payment obligations or fees incurred before the termination date.

5.2 Termination by Cretegen

We reserve the right to suspend, restrict, or terminate your access to the Services at any time, with or without notice, if:

  • You violate these Terms or engage in fraudulent, abusive, or unlawful activity.
  • Your account remains inactive for an extended period, as determined by Cretegen.
  • You fail to make a required payment within the allowed timeframe.
  • We determine that your use of the Services poses a security, legal, or operational risk to us or other users.

5.3 Effect of Termination

Upon termination:

  • Your access to the Services and related features will be revoked.
  • Any outstanding fees or balances must still be paid.
  • Certain data may be retained as outlined in our Privacy Policy.

5.4 Data Portability

Upon request and before termination, you may request an export of your project or customer data, subject to technical feasibility. Cretegen does not guarantee long-term data storage post-termination unless otherwise required by law.

5.5 No Liability for Termination

Cretegen is not liable to you or any third party for terminating your access to the Services.

5.6 Appeals and Reinstatement

If you believe your account was terminated in error, you may appeal by emailing support@cretegen.io. Cretegen reserves the right to deny reinstatement at its sole discretion.

INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership of Cretegen Services

All content, software, technology, trademarks, logos, and intellectual property associated with Cretegen (collectively, the “Cretegen IP”) are the exclusive property of Cretegen, Inc. and are protected by copyright, trademark, trade secret, and other intellectual property laws.

6.2 Limited License to Users

Cretegen grants you a non-exclusive, non-transferable, revocable license to access and use the Services strictly for business purposes. This license does not grant you ownership of any Cretegen IP.

6.3 Restrictions on Use

You may not:

  • Copy, modify, distribute, sell, lease, or sublicense any part of the Services.
  • Use Cretegen IP to create derivative works or competing products.
  • Reverse engineer, disassemble, or attempt to extract source code from Cretegen software.
  • Remove or alter any copyright, trademark, or proprietary notices from the Services.

6.4 User Content

If you submit or upload content to Cretegen (such as project data, images, feedback, or other materials), you grant Cretegen a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, and display that content for the purpose of providing the Services.

6.5 Feedback and Suggestions

If you provide Cretegen with feedback, ideas, or suggestions about the Services, you agree that we may use them without compensation or obligation to you.

6.6 Third-Party Content and Licenses

Some features may incorporate third-party tools, software, or APIs. Use of such third-party content is subject to their respective licenses and terms, and Cretegen does not claim ownership over third-party IP.

6.7 Use of Customer Logos

You grant Cretegen the right to display your company name, logo, or mark on our marketing materials and website as an example of a customer, unless you opt out by contacting support@cretegen.io.

DISCLAIMERS AND LIMITATION OF LIABILITY

7.1 Disclaimer of Warranties

The Services are provided “as is” and “as available”, without any warranties of any kind, whether express or implied. To the fullest extent permitted by law, Cretegen disclaims all warranties, including but not limited to:

  • Merchantability – The Services may not meet your expectations or be free from defects.
  • Fitness for a Particular Purpose – Cretegen does not guarantee that the Services will be suitable for your specific needs.
  • Non-Infringement – Cretegen does not warrant that use of the Services will not violate third-party rights.
  • Uninterrupted or Error-Free Operation – Cretegen does not guarantee that the Services will be available at all times or operate without issues, including but not limited to delays, outages, or security vulnerabilities.

7.2 Accuracy of Estimates

All results generated through the Services, including measurements and price estimates, are intended as general guidance only and are not guaranteed to be accurate. You are solely responsible for reviewing and verifying any output before relying on it for business decisions.

7.3 Limitation of Liability

To the maximum extent permitted by law, Cretegen and its affiliates, officers, employees, and agents shall not be liable for:

  • Indirect, Incidental, Special, or Consequential Damages, including lost profits, loss of data, business interruptions, or reputational harm.
  • Errors or Omissions in the Services, including miscalculations or inaccuracies.
  • Unauthorized Access to your account or data due to security breaches beyond Cretegen’s reasonable control.
  • Actions of Third Parties, including third-party service providers, advertisers, or integrations.

7.4 Maximum Liability Cap

If Cretegen is found liable for any claim, our total liability to you shall not exceed the amount you paid for the Services in the six (6) months preceding the claim or $500, whichever is lower.

7.5 Exclusions by Jurisdiction

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such cases, some of the above limitations may not apply to you, but Cretegen’s liability will still be limited to the fullest extent permitted by law.

INDEMNIFICATION

8.1 User’s Obligation to Indemnify

You agree to defend, indemnify, and hold harmless Cretegen, Inc., its affiliates, officers, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or related to:

  • Your violation of these Terms or applicable laws.
  • Your use or misuse of the Services.
  • Any content, data, or materials you submit, upload, or transmit through the Services.
  • Any unauthorized or unlawful activity conducted through your account, whether by you or someone using your credentials.
  • Any claims arising from the content or data you input into the platform, including violations of third-party rights or applicable laws.

8.2 Indemnification Process

If Cretegen is subject to a claim requiring indemnification:

  • Cretegen will notify you promptly of the claim.
  • You agree to assume control of the defense, using counsel reasonably acceptable to Cretegen.
  • Cretegen reserves the right to participate in the defense at its own expense and approve any settlement that imposes obligations on Cretegen.

8.3 Continued Obligation

Your obligation to indemnify Cretegen shall survive termination of your account and continued use of the Services.

DISPUTE RESOLUTION

9.1 Governing Law

These Terms and any disputes arising from or related to them shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States, without regard to its conflict of law principles.

9.2 Mandatory Arbitration

Except for claims that qualify for small claims court, any disputes or claims related to the Services shall be resolved through binding arbitration, rather than in court. Arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The arbitration will be held in Waukesha County, Wisconsin unless both parties agree to a different location. Each party will be responsible for its own costs, except where applicable law or the arbitrator requires otherwise.

9.3 Class Action Waiver

You waive any right to participate in class action lawsuits, class-wide arbitrations, or any consolidated claims against Cretegen. All claims must be brought on an individual basis.

9.4 Exceptions to Arbitration

Cretegen may seek injunctive relief or other equitable remedies in court to prevent unauthorized use of the Services, intellectual property infringement, or other misuse that would cause irreparable harm.

9.5 Time Limit on Claims

Any claim or dispute must be filed within one (1) year after the event giving rise to the claim. Claims filed after this period will be barred.

9.6 Opt-Out of Arbitration

If you do not wish to resolve disputes through arbitration, you may opt out by sending written notice to legal@cretegen.io within 30 days of accepting these Terms. Opting out will not affect your use of the Services.

9.7 Jurisdiction

If a dispute is not subject to arbitration, it shall be resolved exclusively in the state or federal courts located in Waukesha County, Wisconsin, and each party consents to the jurisdiction of such courts.

MISCELLANEOUS PROVISIONS

10.1 Entire Agreement

These Terms, along with our Privacy Policy and any additional agreements related to specific services, constitute the entire agreement between you and Cretegen. They supersede any prior agreements or understandings, whether written or oral, relating to your use of the Services.

10.2 No Waiver

Cretegen’s failure to enforce any provision of these Terms shall not be considered a waiver of our rights. Any waiver must be in writing and explicitly agreed upon by Cretegen.

10.3 Severability

If any provision of these Terms is deemed unenforceable or invalid, the remaining provisions shall remain in full force and effect. A court may modify the unenforceable provision to reflect the original intent while remaining legally valid.

10.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without prior written consent from Cretegen. Cretegen may assign its rights or obligations without restriction, including in connection with a merger, acquisition, or sale of assets.

10.5 Force Majeure

Cretegen shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: natural disasters, acts of war, labor disputes, cyberattacks, or governmental actions.

10.6 Electronic Communications and Notices

By using the Services, you consent to receive electronic communications from Cretegen, including legal notices, account updates, and promotional messages. Notices will be provided via email, website notifications, or in-app messages. You may opt out of promotional emails, but Cretegen may still send transactional or legal notices.

10.7 Survival

Certain provisions shall survive termination of these Terms, including but not limited to: intellectual property rights, disclaimers, limitations of liability, indemnification, and dispute resolution.

10.8 Beta Features

Beta services are offered “as-is,” may contain bugs, and may be discontinued at any time. Use is at your own risk.

DATA PROCESSING AND PRIVACY

11.1 Data Processing

Cretegen may process limited end-user data (e.g., property addresses, contact details) on behalf of Service Providers. You represent that you have obtained all necessary permissions from your customers to input and process such data via the Services.

11.2 Privacy Policy

For details on how data is handled, refer to our Privacy Policy.

CONTACT INFORMATION

For questions about these Terms, please contact:

  • Email: support@cretegen.io
  • Legal Inquiries: legal@cretegen.io
  • Website: https://cretegen.io
  • Support Hours: Monday – Friday, 8am to 5pm CST