Skip to content

Terms & Conditions

END USER LICENSE AGREEMENT (EULA), TERMS AND CONDITIONS, AND PRIVACY POLICY

This End User License Agreement ("Agreement") is a legal agreement between Hardcore Technology Pty Ltd trading as Proload Solutions ("we," "us," or "our") and you, the user ("you" or "your"), governing your use of our “Proload Excel Integration” plugin software ("Software") that provides integration with the Procore ecosystem. By downloading, installing, or using the Software, you agree to be bound by the terms of this Agreement.

1. LICENSE GRANT AND PERMITTED USES

1.1 – License Grant:

  • We grant you a non-exclusive, non-transferable, revocable license to use the Software in accordance with this Agreement and any paid license terms specified in an invoice.

1.2 – Trial Licenses:

  • Trial licenses may be provided for evaluation purposes only. Trial licenses are limited, may expire automatically, and do not grant you any rights beyond temporary use of the Software for testing.
  • Trial licenses include only the limited warranties stated in Section 3.1. No other warranties, support, or guarantees of availability are provided for trial use.
  • Continued use after expiry requires purchase of a valid paid license.

1.3 – Permitted Uses:

  • You may use the Software for its intended purpose of facilitating integration between Excel and Procore.
  • You may copy the Software's spreadsheet files only for use with the Service or for sharing with licensed users within your organization.
  • You may not share your license key outside your organization.

1.4 – Prohibited Uses:

  • You will not, and will not induce a third party to, attempt to reverse engineer, decompile, de-obfuscate, or otherwise access the Software's source code.
  • You will not share your license key with unauthorized parties or allow unlicensed users to access the Software. Any breach or misuse of your license key may result in additional charges at the standard rate.

1.5 – Termination of License:

  • Any breach of this Agreement may result in immediate termination of your license.
  • In the event of a breach, any monies paid may, at our sole discretion, be forfeited and deemed non-refundable.

2. TERMS AND CONDITIONS

2.1 – Responsibility for Use:

  • It is your sole responsibility to verify that data imported into Procore using the Software is correct and complete.
  • You are responsible for reviewing any documentation or training materials provided to ensure proper use of the Software.
  • It is your responsibility to ensure that your computer meets the minimum requirements as specified on the product website. We recommend using the free tier of the Software first to confirm compatibility before acquiring a license.

2.2 – Limited License Term:

  • Licenses are issued for a limited term as specified in your invoice. Continued use after the term may require renewal or payment of additional fees.

2.3 – Updates and Maintenance:

  • Bugs and application defects are an expected part of software development. We will make reasonable efforts to provide updates and fixes.
  • You are responsible for ensuring you use the latest version of the Software to avoid known issues.
  • We may deliver automatic updates to the Software. Continued use after an update implies acceptance of the updated terms.
  • When the terms are updated, you will be notified within the Software and prompted to accept the new terms for continued use.

2.4 – Support:

  • Support is available to paid license holders during business hours (AEDT). We will use reasonable efforts to respond within the time specified for your license type, and in any case within two business days. Resolution times are not guaranteed and will depend on the nature of the issue. We may, at our discretion, provide support to trial users or others, but such support is not guaranteed and should not be relied upon.

2.5 – Refund Policy:

  • We will consider all refund requests, but refunds will only be issued where deemed appropriate by us.

2.6 – Assignment:

  • We reserve the right to assign our rights and obligations under this Agreement without notice.

2.7 – Compliance with Third-Party Platforms:

  • The Software integrates with Procore. We are not responsible if Procore changes, restricts, or removes its APIs or services, or if integration availability is impacted.

3. WARRANTIES AND LIABILITY

3.1 – Warranties and Disclaimers:

  • We warrant that we do not intentionally include any malicious code, viruses, or harmful components in the Software.
  • To the best of our knowledge and diligence, the Software and its code dependencies are free from malicious code.
  • We warrant that we do not collect, access, or store your company’s or project’s business data from Procore or Excel. The only data we collect is:
  • information explicitly described in the Privacy Policy (Section 5), and
  • diagnostic metadata necessary for maintaining and validating your license.
  • Except as expressly stated above, the Software is otherwise provided “as is” without any additional representations or warranties, express or implied.
  • We do not guarantee uninterrupted or error-free operation of the Software.

3.2 – Limitation of Liability:

  • To the maximum extent permitted by law, we are not liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of the Software.
  • We are not liable for any lost or corrupted data resulting from use of the Software.
  • It is your responsibility to monitor and manage your usage of the Software and your license key.

3.3 – Indemnification:

  • You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising from your use of the Software or any data or content processed through it.

3.4 – Force Majeure and Service Availability:

  • We aim to maintain 99% service uptime. However, bugs are an expected part of software development. We take reasonable precautions to avoid downtime, but we are not liable if this target is not met.

3.5 – Third-Party Services and Subcontractors

  • We may engage external companies or subcontractors to assist with development, distribution, or related services. These parties, including but not limited to Bitcrux Pty Ltd, are not parties to this Agreement. By using the Software, you acknowledge that no contractual relationship, implied or otherwise, is created between you and such third parties, and they will not be held liable for any claims, damages, or losses arising from or related to the Software.
  • We are not responsible for disruptions caused by external events outside our control, including but not limited to outages, strikes, natural disasters, or third-party service failures.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 – Ownership:

  • We own all intellectual property rights in the Software, including but not limited to the code, design, and documentation. Nothing in this Agreement transfers ownership of the Software to you.

5. PRIVACY POLICY

5.1 – Data We Collect:

  • Metadata: We collect basic metadata about feature usage, including how often and how features are used. This is for maintaining the service and improving your experience.
  • Website Analytics: We collect analytics data about interactions with our website.
  • Business Data: Any emails, voice calls, or files you send to us are stored for conducting business, sales, support, and compliance with tax and accounting laws.
  • Error Logs: We collect error logs to help debug and improve the Software.
  • License Data: Information such as IP address, email address, and basic machine identification data is collected to manage licenses.

5.2 – Use of Data:

  • The collected data is used to monitor feature usage, focus development efforts, provide support, and comply with applicable legal obligations.
  • We do not collect, store, or share any user, company or project data from Procore.
  • We do not share Procore-related user or customer data with any third parties.

5.3 – User Data Deletion:

  • We will consider requests to delete user data and, where possible, will comply with such requests.

5.4 – Children:

  • The Software is not intended for use by children under 18 years of age.

5.5 – Updates to Privacy Policy:

  • We reserve the right to update this Privacy Policy. Users will be notified of changes through the Software or our website.
  • This Agreement is governed by the laws of New South Wales, Australia.
  • The courts of New South Wales have exclusive jurisdiction over any disputes.
  • This Agreement is the entire agreement between us and you regarding the Software, except where additional terms are specified in a customer invoice, which will form part of this Agreement. If any part of this Agreement is found invalid or unenforceable, the remaining provisions will continue in full force.
  • You may not use or export the Software in violation of Australian export control laws or regulations.

7. ACCEPTANCE

  • By using the Software, you acknowledge that you have read, understood, and agreed to this Agreement, including the Terms and Conditions and Privacy Policy.

📌 For questions or support, contact us at support@proloadsolutions.com