Terms of use

These terms govern your use of the Deltasys website and the Deltasys Planner, Estimator and Portfolio applications. By creating an account or using the service you agree to them. Please read them together with our privacy notice, which explains how we handle personal information.

1Who we are

The service is provided by PGR Delta Systems Corp., a corporation incorporated in Ontario, Canada ("Deltasys", "we", "us"). You can reach us at hello@pgrdelta.com.

2Agreement

These terms are a binding agreement between you and Deltasys. If you use the service on behalf of an organization, you confirm that you have authority to bind that organization, and "you" includes it. If a separate written agreement between your organization and Deltasys covers the service, that agreement prevails where the two conflict.

The service is intended for use by businesses and professionals. You must be at least 18 years old and able to form a binding contract to use it.

3The service

Deltasys is a project controls platform. It includes:

• Deltasys Planner: planning, scheduling, resources, baselines, progress, earned value, risk analysis and change control for projects;
• Deltasys Estimator: classed estimates with rate build-ups, quantities and a basis of estimate;
• Deltasys Portfolio: roll-ups, cash flow, manpower, timelines and reports across the projects in a workspace;
• the website at which these terms are published, and any related documentation.

The applications run in your web browser. You may use them without an account, in which case your projects stay on your device. With an account you may create or join a cloud workspace, in which projects and enterprise setup are stored on our servers and shared with the people you invite.

Subject to these terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the service for your internal business purposes.

4Accounts and workspaces

You must give accurate information when you create an account and keep it current. You are responsible for keeping your password confidential and for everything done through your account. Tell us promptly at hello@pgrdelta.com if you believe your account has been compromised.

A workspace has one or more owners, who may invite and remove members, change roles, manage billing and delete the workspace. Members may read and change the projects and enterprise setup in the workspace according to their role. Owners are responsible for who they admit and for how members use the workspace. When a member is removed, they lose access to the workspace; copies of projects they have saved on their own devices are outside our control.

5Your content

"Your content" means the projects, schedules, estimates, resources, enterprise setup, files and other material you and your members put into the service, whether on your device or in a cloud workspace.

You own your content. We claim no ownership of it. You grant us only the rights needed to provide the service: to store, transmit, process, back up and display your content to you and to the members of your workspace, and to do so through the hosting providers named in our privacy notice. We do not use your content to train models that serve other customers, do not sell it, and do not disclose it except as described in the privacy notice or as required by law.

You are responsible for your content and confirm that you have the rights needed to use it in the service, and that it does not infringe anyone's rights or break any law. You are also responsible for keeping your own copies. The service offers export to standard formats; we recommend regular exports of anything important.

You may delete projects and workspaces at any time. Deleted items may persist in backups for a limited period, as described in the privacy notice.

6Acceptable use

You agree not to, and not to let anyone else:

• use the service to break any law, or to infringe or misappropriate anyone's rights;
• upload content that is unlawful, defamatory or malicious, or that contains viruses or other harmful code;
• attempt to gain unauthorized access to the service, to other accounts or workspaces, or to the systems and networks it runs on;
• probe, scan or test the vulnerability of the service without our written permission;
• interfere with the service or place an unreasonable load on it, including by automated access that is not part of normal use;
• copy, modify, reverse engineer, decompile or create derivative works of the service except where the law allows it regardless of this restriction;
• resell, sublicense, rent or lease the service, or offer it to third parties as a service bureau, without our written agreement;
• remove or obscure any proprietary notice in the service;
• use the service to build a competing product, or to benchmark it for publication without our consent.

7Beta and changes

The service is currently offered as a beta. Features may be incomplete, may change, and may not work as intended. We may add, change or remove features, and may change these terms, at any time. If a change to the terms is material we will give reasonable notice, for example by email to account holders or a notice in the service, before it takes effect. Continued use after the effective date means you accept the revised terms. If you do not accept them, stop using the service and, if you wish, ask us to delete your account.

8Plans and billing

During the beta, every plan is free. We will announce paid plans with reasonable notice before any charge applies. When paid plans are in effect:

• prices, billing periods and seat counts will be shown at the time of purchase and in your workspace's billing settings;
• fees are billed in advance for the billing period, are stated exclusive of applicable taxes, and are non-refundable except where the law requires otherwise or these terms say so;
• payments are processed by Stripe, which handles your card details under its own terms. We do not store full card numbers;
• a subscription renews automatically at the end of each billing period until cancelled. You may cancel at any time, and the cancellation takes effect at the end of the current period;
• we may change prices with at least 30 days' notice; the change applies from your next renewal;
• if a payment fails, we may suspend the paid features of the workspace after reasonable notice until it is settled.

9Our intellectual property

The service, including its software, design, documentation, trademarks and the Deltasys name and logo, is owned by Deltasys or its licensors and is protected by copyright, trademark and other laws. Apart from the licence in section 3 and your rights in your content, nothing in these terms gives you any right in the service. If you send us suggestions or feedback, you agree that we may use them without obligation to you.

10Third-party services

The service exchanges files with other software through standard formats such as XER, Excel and CSV. The names of third-party products belong to their respective owners, and no affiliation or endorsement is implied. Your use of third-party software and services is governed by their terms, and we are not responsible for them.

11Professional judgement

The service calculates schedules, estimates, earned value, forecasts and risk analyses from the inputs you provide and the methods you choose. The results are decision support, not professional advice. They depend on the quality and completeness of your inputs, your logic, calendars, rates and assumptions, and the settings you select. You remain responsible for reviewing the results, applying appropriate professional judgement, and meeting any engineering, financial, contractual or regulatory obligations that apply to your projects. Forecasts and probabilistic results are estimates of uncertain future events and are not guarantees of outcomes.

12Warranties

We will provide the service with reasonable skill and care. Otherwise, to the fullest extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind, whether express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or uninterrupted or error-free operation. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

13Limitation of liability

To the fullest extent permitted by law:

• neither Deltasys nor its directors, officers, employees, contractors or suppliers will be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill, data or use, arising out of or in connection with the service or these terms, however caused and under any theory of liability, even if advised of the possibility of such damages;
• our total liability for all claims arising out of or in connection with the service or these terms will not exceed the greater of (a) the amount you paid us for the service in the 12 months before the event giving rise to the claim and (b) one hundred Canadian dollars (CAD 100).

Nothing in these terms excludes or limits liability that cannot be excluded or limited by law, including liability for fraud or for death or personal injury caused by negligence.

14Indemnity

You will defend, indemnify and hold harmless Deltasys and its directors, officers, employees and contractors from any claim, loss, liability, damage or expense, including reasonable legal fees, arising from your content, your use of the service in breach of these terms, or your violation of any law or of a third party's rights.

15Suspension and termination

You may stop using the service at any time and may ask us to delete your account by writing to hello@pgrdelta.com. We may suspend or terminate your access, with notice where practicable, if you materially breach these terms, if your use creates a security or legal risk for us or for others, or if we discontinue the service. Where we discontinue the service we will give at least 30 days' notice and a reasonable opportunity to export your content.

On termination your licence ends and we will delete or anonymize your content in accordance with the privacy notice. Sections that by their nature should survive, including sections 5, 9 and 11 to 17, survive termination.

16Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law rules. The courts of Ontario have exclusive jurisdiction over any dispute arising out of or in connection with these terms or the service, and each party submits to that jurisdiction. Before starting proceedings, the parties will attempt in good faith to resolve the dispute by discussion between representatives with authority to settle it. Nothing in this section prevents either party from seeking urgent injunctive relief in any competent court.

17General

• Entire agreement. These terms, the privacy notice and any plan terms shown at purchase are the entire agreement between you and Deltasys about the service and replace any earlier understanding.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect.
• Waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition or sale of assets, with notice to you.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
• Export. You will comply with applicable export and sanctions laws in using the service.
• Notices. We may notify you by email to the address on your account or by a notice in the service. You may notify us at the address below.
• Language. These terms are written in English. The parties have required that these terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

18Contact

PGR Delta Systems Corp.
Ontario, Canada
hello@pgrdelta.com