Terms of Service — ECS SaaS Platform

1) Service Description

ECS provides a cloud-based SaaS platform for:

• Processing Primavera P6 XER files
• Providing data for Power BI reporting
• Project version control and baseline management
• Milestone trending and progress reporting
• Team collaboration and data sharing

2) Third-Party Services

The Service integrates with third-party services including Microsoft Power BI for data visualization. Your use of third-party services is subject to their respective terms and privacy policies.

ECS is not responsible for the availability, accuracy, or functionality of third-party services. We do not warrant that integrations will be uninterrupted or error-free.

3) License Grant

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, worldwide, royalty-free license to access and use the Service for your internal business purposes.

4) Use Restrictions

You agree NOT to:

• Reverse engineer, decompile, or disassemble the Service
• Resell, sublicense, or redistribute the Service to third parties
• Bypass usage limits, security measures, or access controls
• Use the Service for any illegal purpose
• Upload malicious code, viruses, or malware

5) Intellectual Property

ECS Ownership: The Service, including all software, algorithms, interfaces, documentation, and trademarks, is owned by ECS and protected by intellectual property laws. These Terms do not transfer any ownership rights to you.

Feedback: If you provide suggestions, ideas, or feedback about the Service, you grant ECS a perpetual, royalty-free license to use such feedback for any purpose without obligation to you.

6) Your Content

You retain all ownership rights to your Content. We do not claim ownership of your XER files, project data, or reports.

You grant us a limited license to store and process your Content to provide the Service, generate derived data, and back up your Content for disaster recovery.

7) AI and Machine Learning

Your data is NOT used for AI training. We do not use your Content to train machine learning models or AI systems without your explicit written consent.

If we offer AI-powered features in the future that require training on customer data, we will seek separate opt-in consent and provide clear information about how your data would be used.

8) Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

• Use strong, unique passwords for your account
• Do not share your login credentials with unauthorized users
• Notify us immediately if you suspect unauthorized access
• Ensure users in your organization have appropriate access levels

9) Confidentiality

Your Confidential Information: We treat your Content and account information as confidential. We will not disclose your confidential information to third parties except as required to provide the Service or as required by law.

Our Confidential Information: You agree to keep confidential any non-public information about the Service, including pricing, technical specifications, and beta features.

10) Billing and Payment

We offer Free, Standard, and Enterprise tiers. See our Pricing page for current rates and features.

• Payment: Subscription fees are billed in advance
• Adding services: Prorated billing for the remaining period
• Removing services: Access continues until end of billing period
• Refund Policy: Standard tier includes a 30-day money-back guarantee. Enterprise terms are negotiated per contract.

11) Service Level Agreement (SLA)

• Free Tier: No SLA, best effort
• Paid Tiers: Uptime SLAs as specified on our Pricing page

SLA Exclusions: Uptime calculations exclude downtime caused by:

• Third-party service provider outages (AWS, Stripe, SSO providers)
• Scheduled maintenance with advance notice
• Your actions, Content, or equipment
• Force majeure events (see Section 15)

12) Service Modifications

ECS reserves the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for material changes that affect your use of the Service.

• Feature Updates: We may add, modify, or remove features to improve the Service
• Maintenance: Scheduled maintenance will be communicated in advance when possible
• Discontinuation: If we discontinue the Service, we will provide at least 90 days notice and allow you to export your data

13) Indemnification

You agree to indemnify, defend, and hold harmless ECS, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service, (b) your Content, (c) your violation of these Terms, or (d) your violation of any third-party rights.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS IS LIMITED TO:

• Free Tier: AUD $100
• Paid Tier: Fees paid in the 12 months preceding the claim

IN NO EVENT SHALL ECS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15) Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms due to circumstances beyond their reasonable control, including but not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power outages, internet or telecommunications failures, or third-party service provider outages.

16) Termination

You may terminate your account at any time by canceling your subscription in account settings. Upon termination:

• Access to the Service immediately ceases
• You have 90 days to export your Content
• Content deleted per data retention policy

Termination by ECS: We may suspend or terminate your access if you violate these Terms, fail to pay fees, or if required by law. We will provide notice except in cases of severe violation or legal requirement.

17) Dispute Resolution

Informal Resolution: Before initiating formal legal proceedings, you agree to contact us at support@ecs.app to attempt to resolve any dispute informally within 30 days.

Mediation: If informal resolution fails, either party may request non-binding mediation before a mutually agreed mediator in Queensland, Australia. Each party shall bear their own costs, with mediation costs shared equally.

18) Governing Law

These Terms are governed by the laws of Queensland, Australia, without regard to conflict of law principles. Any disputes that cannot be resolved through mediation shall be resolved in the courts of Queensland, Australia.

19) Contact