1. Acceptance of Terms

These Terms of Service ("Terms") form a legally binding agreement between you and Hexanest LTD., the owner and operator of the HexaNest platform ("HexaNest," "Company," "we," "us," or "our").

By accessing, browsing, creating an account with, purchasing a subscription to, or otherwise using HexaNest, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.

If you do not agree to these Terms, you must not access or use HexaNest.

These Terms apply to all users, including individual consumers, homeowners, designers, builders, contractors, developers, real estate professionals, architects, engineers, businesses, and other persons or entities accessing the platform.

By using HexaNest, you represent and warrant that:

You have the legal capacity to enter into a binding agreement.
If you use HexaNest on behalf of a company, organization, or other legal entity, you have authority to bind that entity to these Terms.
The information you provide to HexaNest is accurate and current.
Your use of HexaNest will comply with all applicable laws, regulations, codes, and contractual obligations.

These Terms incorporate by reference any applicable HexaNest Privacy Policy, Refund Policy, subscription terms, acceptable-use requirements, or other policies made available through the platform.

To the extent that any provision of these Terms conflicts with a mandatory right that cannot legally be waived, the applicable mandatory law will control only to the extent of that conflict.

2. Description of Service

HexaNest is a digital design, visualization, and technology platform owned and operated by Hexanest LTD. that may allow users to upload, generate, modify, customize, process, view, and interact with home designs, floor plans, blueprints, layouts, building concepts, materials, furnishings, and related content in 2D, 3D, or other digital formats.

The platform may use artificial intelligence, machine learning, computer vision, automated interpretation, procedural generation, third-party software, and other technologies.

HexaNest may automatically interpret or infer information from uploaded materials. Those processes can produce inaccuracies, omissions, approximations, incorrect dimensions, incorrect object placement, incorrectly interpreted symbols, or other errors.

HexaNest and Hexanest LTD. are not:

An architectural firm
An engineering firm
A construction company
A general contractor
A building-code consultant
A land surveyor
A permit authority
A home inspector
A safety consultant
A cost estimator guaranteeing actual construction costs
A substitute for licensed professional services

Unless Hexanest LTD. expressly states otherwise in a separate written agreement, all designs, models, measurements, renderings, calculations, interpretations, suggestions, layouts, estimates, and other outputs generated through HexaNest are provided for conceptual, planning, design, and visualization purposes only.

HexaNest outputs are not construction drawings, stamped architectural drawings, engineering drawings, permit drawings, land surveys, shop drawings, fabrication drawings, or other professional documents.

Hexanest LTD. may modify, update, restrict, discontinue, replace, add, or remove features or functionality of the platform at any time, subject to applicable law.

3. No Professional Advice

HexaNest and Hexanest LTD. do not provide professional architectural, engineering, construction, legal, financial, safety, surveying, building-code, zoning, environmental, electrical, mechanical, plumbing, structural, or other regulated professional advice.

HexaNest does not guarantee or certify:

Architectural accuracy
Structural integrity
Construction feasibility
Engineering adequacy
Building-code compliance
Fire-code compliance
Accessibility compliance
Zoning compliance
Permit eligibility
Lot or property-boundary accuracy
Structural loads or capacities
Electrical-system suitability
Plumbing-system suitability
HVAC suitability
Soil or foundation conditions
Material suitability
Construction cost
Construction schedules
Measurement accuracy
Dimensional accuracy
Blueprint interpretation accuracy

Any information or output provided through HexaNest must be independently reviewed and verified before being relied upon for any real-world purpose.

Before constructing, demolishing, renovating, purchasing materials, ordering components, obtaining permits, modifying a property, or making any other real-world decision based in whole or in part on HexaNest output, you are responsible for obtaining appropriate review and approval from qualified and, where legally required, licensed professionals.

This may include architects, engineers, designers, contractors, inspectors, surveyors, code consultants, municipal authorities, and other qualified professionals.

You agree not to rely exclusively on HexaNest for decisions involving health, safety, structural integrity, regulatory compliance, property boundaries, construction, or significant financial expenditure.

4. Construction Disclaimer (Critical Section)

HEXANEST IS STRICTLY A DESIGN, TECHNOLOGY, AND VISUALIZATION PLATFORM. HEXANEST OUTPUTS MUST NOT BE TREATED AS CONSTRUCTION-READY DOCUMENTS UNLESS EXPRESSLY CERTIFIED BY AN APPROPRIATELY QUALIFIED INDEPENDENT PROFESSIONAL.

To the maximum extent permitted by applicable law, Hexanest LTD., HexaNest, and their respective shareholders, directors, officers, employees, contractors, agents, affiliates, licensors, suppliers, service providers, successors, and permitted assigns are not responsible or liable for damages, losses, injuries, costs, claims, or consequences arising from or relating to:

Construction defects
Structural failure
Partial or complete building collapse
Incorrect measurements
Incorrect dimensions
Incorrect scaling
Incorrect blueprint interpretation
Missing or incorrectly generated walls, doors, windows, stairs, roofs, garages, structures, fixtures, or other components
Improper material selection
Material failure
Installation errors
Design errors
Safety hazards
Fire hazards
Electrical hazards
Plumbing failures
HVAC issues
Water intrusion
Mould or environmental conditions
Code violations
Zoning violations
Permit rejection
Accessibility violations
Construction delays
Cost overruns
Contractor disputes
Professional fees
Rework
Demolition or reconstruction costs
Loss of use
Loss of income
Loss of property value
Property damage
Business interruption
Bodily injury
Personal injury
Serious injury
Death
Any other real-world consequence resulting from reliance upon or implementation of HexaNest output

You acknowledge and agree that digital representations may differ materially from existing conditions, field measurements, construction conditions, actual materials, engineering requirements, local codes, manufacturer specifications, or completed construction.

You expressly agree that:

HexaNest designs and outputs are not automatically construction-ready.
HexaNest outputs must be independently verified before real-world implementation.
Measurements generated, interpreted, estimated, or displayed by HexaNest must be independently field-verified.
You are solely responsible for determining whether a design can legally, safely, and practically be constructed.
You are responsible for engaging licensed professionals where appropriate or legally required.
Hexanest LTD. has no control over contractors, trades, consultants, suppliers, manufacturers, property conditions, workmanship, permits, inspections, construction practices, or real-world implementation.
Any construction, renovation, demolition, fabrication, procurement, installation, or other physical activity performed based on HexaNest output is undertaken at your own risk.

To the maximum extent permitted by law, you voluntarily assume the risks associated with using HexaNest output for real-world purposes.

Nothing in this section excludes or limits liability that applicable law does not permit to be excluded or limited.

5. User Responsibility

You are solely responsible for how you use HexaNest and any information, files, designs, models, measurements, recommendations, visualizations, or other outputs obtained through the platform.

You are responsible for:

Verifying all measurements and dimensions.
Verifying the accuracy and completeness of uploaded materials.
Reviewing generated models for errors or omissions.
Determining whether generated output is appropriate for its intended purpose.
Obtaining professional architectural or engineering review when appropriate.
Ensuring compliance with applicable laws.
Ensuring compliance with building codes.
Ensuring compliance with zoning requirements.
Obtaining permits, licences, inspections, and regulatory approvals.
Confirming property boundaries and site conditions.
Hiring qualified and appropriately licensed professionals.
Verifying material specifications and manufacturer requirements.
Maintaining backups of important files and information.
Maintaining appropriate insurance.
Ensuring that you have the legal right to upload, process, reproduce, modify, and use any content submitted to HexaNest.

You must not use HexaNest in a manner that is unlawful, fraudulent, abusive, harmful, deceptive, infringing, or that interferes with the operation or security of the platform.

You must not attempt to:

Gain unauthorized access to HexaNest systems.
Circumvent security or access controls.
Reverse engineer protected portions of the platform except where expressly permitted by law.
Extract or scrape HexaNest data without authorization.
Copy or reproduce proprietary HexaNest technology.
Use HexaNest software, outputs, proprietary datasets, or platform content to develop, train, improve, benchmark, or operate a competing system without prior written authorization from Hexanest LTD.
Introduce viruses, malicious code, automated attacks, or harmful software.
Misrepresent HexaNest outputs as professionally approved or certified when they are not.

You are responsible for all activity occurring under your account and for maintaining the confidentiality and security of your login credentials.

Hexanest LTD. is not responsible for losses resulting from unauthorized account access caused by your failure to reasonably secure your credentials.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HEXANEST LTD., HEXANEST, AND THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, SUCCESSORS, AND PERMITTED ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, AGGRAVATED, OR PUNITIVE DAMAGES.

This exclusion includes, without limitation, damages relating to:

Loss of profits
Loss of revenue
Loss of business
Loss of opportunity
Loss of anticipated savings
Business interruption
Loss of goodwill
Loss of data
Corruption of data
Loss of designs or files
Construction errors
Design errors
Measurement errors
Professional fees
Contractor costs
Material costs
Rework
Demolition
Reconstruction
Project delays
Injuries or accidents
Property damage
Loss of property value
Loss of use
Third-party claims

These limitations apply regardless of whether the claim arises under contract, tort, negligence, statute, strict liability, misrepresentation, restitution, equity, or any other legal theory and even if Hexanest LTD. or HexaNest was advised of the possibility of such damages.

To the maximum extent permitted by applicable law, the aggregate liability of Hexanest LTD., HexaNest, and all other protected parties for all claims arising out of or relating to the platform, these Terms, or your use of HexaNest shall not exceed the greater of:

The total amount you actually paid directly to Hexanest LTD. or HexaNest for the applicable service during the twelve (12) months immediately preceding the event giving rise to the claim; or
CAD $100 where you used the applicable service without payment.

The existence of multiple claims, incidents, parties, or legal theories does not increase this aggregate limitation.

You acknowledge that these limitations of liability are an essential basis of the agreement between you and Hexanest LTD. and that pricing and availability of the platform reflect this allocation of risk.

Nothing in these Terms limits liability where such limitation is expressly prohibited by applicable law.

7. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Hexanest LTD., HexaNest, and their shareholders, directors, officers, employees, contractors, agents, affiliates, licensors, suppliers, service providers, successors, and permitted assigns from and against third-party claims, demands, proceedings, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and reasonable legal fees arising from or relating to:

Your use or misuse of HexaNest.
Your reliance on HexaNest outputs.
Construction or real-world implementation of any design or output.
Your uploaded files or content.
Your infringement or alleged infringement of intellectual property, privacy, publicity, contractual, or other third-party rights.
Your violation of applicable laws, regulations, building codes, zoning requirements, permit requirements, or professional regulations.
Your violation of these Terms.
Misrepresentations made by you concerning HexaNest or HexaNest outputs.
Claims made by homeowners, clients, contractors, subcontractors, consultants, architects, engineers, designers, suppliers, occupants, purchasers, tenants, property owners, or other third parties arising from your acts or omissions.
Your failure to independently verify measurements, designs, specifications, or other HexaNest outputs.

Hexanest LTD. reserves the right, where permitted by law, to assume control of the defence of a matter subject to indemnification.

You agree to reasonably cooperate with the defence of any such claim.

You may not settle a claim in a manner that imposes liability, obligations, admissions, or restrictions on Hexanest LTD. or HexaNest without Hexanest LTD.'s prior written consent.

This indemnification provision does not require a consumer to indemnify Hexanest LTD. to the extent such an obligation would be prohibited by applicable consumer-protection or other mandatory law.

8. No Guarantees

HexaNest and all related services, software, content, outputs, artificial-intelligence functionality, models, tools, and features provided by Hexanest LTD. are provided "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS", to the maximum extent permitted by law.

Neither Hexanest LTD. nor HexaNest guarantees:

Accuracy
Completeness
Reliability
Dimensional precision
Blueprint interpretation accuracy
Rendering accuracy
Continuous availability
Uptime
Error-free operation
Compatibility with every file format
Compatibility with every device
Compatibility with third-party software
Suitability for construction
Suitability for permitting
Suitability for engineering purposes
Suitability for any particular project
Data preservation
Security against every possible threat
Uninterrupted access
A particular commercial result
Increased property value
Cost savings
Revenue generation
Project approval
Professional acceptance

To the maximum extent permitted by law, Hexanest LTD. disclaims all express, implied, statutory, and collateral warranties, representations, and conditions, including warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and reliability.

HexaNest may depend upon third-party hosting providers, cloud services, payment processors, artificial-intelligence providers, infrastructure providers, software providers, APIs, internet services, and other external systems.

Hexanest LTD. is not responsible for interruptions, failures, modifications, security incidents, outages, errors, or other problems caused by third-party services outside its reasonable control.

Generated output may not be unique and may resemble content generated for other users.

No oral or written information provided by Hexanest LTD., HexaNest, or their representatives creates a warranty unless expressly stated in a written agreement signed by an authorized representative of Hexanest LTD.

Nothing in this section disclaims a warranty, condition, guarantee, or statutory right that cannot legally be disclaimed.

9. Payments, Subscriptions, and Refunds

Payments, subscriptions, cancellations, free trials, renewals, and refunds are subject to these Terms and the HexaNest Refund Policy, which is incorporated into these Terms by reference.

Where a subscription automatically renews, the applicable subscription will continue renewing for successive billing periods until cancelled in accordance with the cancellation process disclosed to you, subject to applicable law.

By purchasing a subscription, you authorize Hexanest LTD. and its authorized payment processors to charge the applicable payment method for:

Subscription fees
Applicable taxes
Approved add-ons or upgrades
Other charges clearly disclosed and accepted by you

Subscription fees and material payment terms will be disclosed before purchase as required by applicable law.

Unless otherwise required by law or stated in the Refund Policy:

Payments are non-refundable after the applicable refund period has expired.
Cancelling a subscription generally prevents future renewal charges but does not retroactively refund an already-started billing period.
Access may continue until the end of the paid billing period after cancellation.
Failed or declined payments may result in suspension or termination of paid services.
Users are responsible for keeping billing information current.

If a free or promotional trial converts into a paid subscription, the applicable conversion terms, price, and cancellation requirements will be disclosed before the user enters the arrangement as required by applicable law.

Hexanest LTD. may modify subscription prices or plans. Where required by law, affected users will receive appropriate notice before a pricing change applies to a future billing period.

Taxes may be added where required by law.

You agree not to initiate fraudulent or abusive payment disputes or chargebacks.

Nothing in these Terms eliminates any cancellation, refund, disclosure, or other consumer right that cannot legally be waived.

10. Intellectual Property

Hexanest LTD. and its licensors retain all rights, title, and interest in and to the HexaNest platform and its underlying technology, including, as applicable:

Software
Source code
Object code
Algorithms
Artificial-intelligence systems
Machine-learning systems
Computer-vision systems
Models
Workflows
Proprietary datasets
Training methodologies
User interfaces
Designs
Graphics
Branding
Logos
Domain names
Documentation
Platform architecture
Features
Processes
Databases
Templates
Materials libraries
Proprietary content
Trade secrets
Copyrights
Trademarks
Other intellectual property

Except for the limited right to use the service under these Terms, no ownership interest in Hexanest LTD. or HexaNest intellectual property is transferred to you.

You may not copy, reproduce, distribute, sell, sublicense, reverse engineer, commercially exploit, scrape, extract, republish, or create derivative works from protected HexaNest technology or proprietary content except with prior written authorization from Hexanest LTD. or where applicable law expressly provides otherwise.

User Content

You retain the rights you lawfully hold in blueprints, images, files, documents, designs, information, and other content you upload to HexaNest ("User Content").

You represent and warrant that you possess all rights, permissions, licences, and authorizations necessary to upload and process User Content through HexaNest.

By uploading User Content, you grant Hexanest LTD. a non-exclusive, worldwide licence to host, reproduce, process, transmit, format, modify as technically necessary, display, and otherwise use User Content as reasonably necessary to operate, secure, maintain, improve, and provide the service, subject to applicable law and the HexaNest Privacy Policy.

You remain responsible for User Content and for ensuring that its collection, upload, and use does not violate third-party rights or applicable law.

Hexanest LTD. may remove or restrict content that it reasonably believes violates these Terms, infringes third-party rights, creates security or legal risk, or is otherwise unlawful.

Suggestions, recommendations, ideas, or other voluntary feedback submitted regarding HexaNest may be used by Hexanest LTD. without restriction or compensation, to the extent permitted by law.

11. Account Termination

Hexanest LTD. reserves the right, subject to applicable law, to suspend, restrict, disable, or terminate access to an account where reasonably necessary, including for:

Violations of these Terms
Suspected fraud
Payment fraud
Chargeback abuse
Security threats
Unauthorized access
Abuse of the platform
Illegal activity
Intellectual-property infringement
Attempts to reverse engineer or steal HexaNest technology
Misuse of HexaNest outputs
Non-payment
Conduct that creates legal, security, operational, or reputational risk to Hexanest LTD., HexaNest, or other users
Requirements imposed by law, regulation, court order, or governmental authority

Where appropriate and legally required, Hexanest LTD. may provide notice or an opportunity to remedy a violation before termination.

You may discontinue use of HexaNest at any time. Cancellation of a paid subscription remains subject to Section 9 and the applicable Refund Policy.

You are responsible for exporting or retaining copies of information that you require. Hexanest LTD. does not guarantee indefinite storage of user files following account termination.

Termination does not affect rights or obligations that accrued before termination.

Provisions that by their nature should survive termination will survive, including provisions concerning professional disclaimers, construction risks, user responsibility, limitation of liability, indemnification, intellectual property, governing law, and disputes.

12. Governing Law

These Terms and any dispute arising from or relating to Hexanest LTD., HexaNest, or the services will be governed by the laws of the Province of Alberta and the applicable federal laws of Canada, without regard to conflict-of-law principles, except where mandatory law requires otherwise.

Subject to any mandatory consumer rights concerning jurisdiction or venue, you agree that legal proceedings relating to these Terms, Hexanest LTD., or the HexaNest service shall be brought before a court of competent jurisdiction in Alberta, Canada.

Nothing in these Terms prevents a consumer from using a court, regulator, agency, dispute mechanism, remedy, or jurisdiction that applicable law requires to remain available.

Before commencing a non-urgent dispute, the parties are encouraged to provide written notice describing the dispute and make reasonable good-faith efforts to resolve it informally.

This requirement does not prevent either party from seeking urgent injunctive relief or exercising a right that applicable law permits to be exercised immediately.

Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be interpreted or limited to the minimum extent necessary to make it enforceable where legally permitted, and the remaining provisions will continue in effect.

No Waiver

A failure by Hexanest LTD. to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

Assignment

You may not assign or transfer your rights or obligations under these Terms without Hexanest LTD.'s prior written consent.

Hexanest LTD. may assign or transfer these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or other lawful business transaction, subject to applicable law.

Force Majeure

To the maximum extent permitted by law, Hexanest LTD. is not responsible for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, fires, floods, extreme weather, labour disruptions, war, terrorism, civil unrest, government action, internet failures, utility failures, telecommunications failures, cyberattacks, cloud-service outages, third-party infrastructure failures, or similar events.

Entire Agreement

These Terms, together with policies expressly incorporated by reference and any separate written agreement applicable to a specific service, constitute the agreement between you and Hexanest LTD. regarding your use of HexaNest and supersede prior inconsistent agreements or representations concerning that subject matter.

13. Changes to Terms

Hexanest LTD. may revise these Terms from time to time to reflect:

Changes to the service
New features
Changes in business operations
Security requirements
Legal or regulatory requirements
Changes to pricing or subscription structures
Other legitimate business requirements

The current version will identify its effective or "Last updated" date.

Where required by applicable law, Hexanest LTD. will provide appropriate notice of material changes.

Unless applicable law requires otherwise, changes will apply prospectively from their effective date.

Continued use of HexaNest after revised Terms become effective constitutes acceptance of the revised Terms where such acceptance is legally valid.

If you do not agree to updated Terms, you must discontinue use of the service and cancel any subscription in accordance with the applicable cancellation procedures.

No amendment is intended to retroactively eliminate a legal right or remedy that applicable law prohibits Hexanest LTD. from eliminating.

14. Contact

For questions, legal notices, support inquiries, or concerns regarding these Terms, contact:

Hexanest LTD.
Operating as HexaNest
Email: support@hexanest.ca

Legal notices sent by email should clearly identify the nature of the request or dispute and provide sufficient information for Hexanest LTD. to identify the relevant account and matter.

Nothing in this Contact section modifies any formal method of service required by applicable law.

HexaNest Terms of Service