Terms of Service

Stucly (the “Service”) is owned and operated by Kiwa Intel Inc., a corporation incorporated under the laws of the Province of Ontario, Canada (“Kiwa Intel,” “we,” “us,” “our”). These Terms of Service (the “Terms”) are a legal agreement between you and Kiwa Intel governing your access to and use of the Stucly website, web application, mobile-installable app, and related services. By creating an account or otherwise using the Service, you agree to these Terms. If you don’t agree, don’t use the Service.

1. The Service

Stucly is a software subscription that helps people in Canada plan and price construction and home-improvement projects. The Service lets you search for construction-material listings from supported retailers, generate AI-assisted project estimates from a written description, refine and save those estimates, and track your spending over time.

The Service is a software service, not a marketplace. We do not sell physical goods, hold inventory, ship products, process retailer transactions, or take a commission on retailer sales. We surface and summarize publicly available product information from third-party retailers’ websites.

2. Eligibility and accounts

You must be at least 13 years old to use the Service. By using the Service, you represent that you meet that age requirement and have the legal capacity to enter into these Terms.

You’re responsible for everything that happens under your account, for keeping your sign-in credentials secure, and for notifying us promptly at support@kiwaintel.com if you suspect unauthorized access. We may suspend or terminate accounts we reasonably believe are being used in violation of these Terms.

3. Subscriptions, billing, and cancellation

The Service offers a free tier with limited monthly usage and a Pro plan billed monthly in Canadian dollars. Current pricing and what each plan includes is published on the pricing page. We may change plan pricing or quotas with at least 14 days’ notice via the Service or by email; changes will take effect at the start of your next billing period.

Paid subscriptions are processed by Lemon Squeezy, our merchant of record. They handle card data, invoicing, and tax collection. Card information is never stored on Stucly servers.

Auto-renewal: Pro subscriptions renew automatically at the end of each billing period until you cancel. You can cancel at any time from your profile; cancellation takes effect at the end of the then-current billing period, and you keep Pro access until that period ends.

Refunds: If you’re unhappy with Pro within 14 days of a charge, email us and we’ll refund that most recent charge in full, no questions asked. Outside that window, charges are non-refundable except where required by applicable law. We don’t prorate partial months.

4. Free tier

The free tier is provided as-is and may change. We may modify free- tier quotas, pause access, or discontinue the free tier with reasonable notice. Free-tier accounts that are inactive for a long period may be deactivated; we’ll let you export your data before deletion.

5. Acceptable use

You agree not to:

• scrape, crawl, or otherwise programmatically extract data from the Service in bulk;
• resell, sublicense, or commercially redistribute search results, estimates, or any other Service output;
• attempt to bypass billing, rate limits, account quotas, or authentication;
• reverse-engineer, decompile, or attempt to derive the source code of the Service except to the extent applicable law allows otherwise;
• use the Service to violate any law, infringe anyone’s rights, or upload malware, harmful code, or unlawful content;
• use the Service to develop or train a competing product, or to misrepresent Stucly output as your own pricing or inventory data in a way that could mislead an end-buyer.

6. Your content and your data

You retain ownership of the project descriptions, notes, postal codes, and other content you provide (“Your Content”). You grant Kiwa Intel a worldwide, non- exclusive, royalty-free license to host, process, transmit, and display Your Content solely to operate and improve the Service for you. We don’t use Your Content to train third-party generative AI models, and we don’t sell Your Content.

Our Privacy Policy explains in more detail what we collect, how we use it, and who our sub-processors are.

7. Retailer data and pricing accuracy

Prices, availability, product descriptions, and stock signals shown in the Service are derived from third-party retailers’ public websites. They can be incorrect, stale, regional, or out of stock by the time you read them. Always confirm pricing and availability with the retailer before purchasing. We make no warranty as to the accuracy of any specific listing and are not responsible for retailer pricing errors or fulfillment.

Neither Kiwa Intel nor the Service is affiliated with, sponsored by, or endorsed by Home Depot, Rona, Canadian Tire, Home Hardware, or any other retailer referenced in the Service. Retailer names and logos remain the property of their respective owners and are used here only to identify the source of price information.

8. AI-generated output

The Service uses generative-AI models to draft project descriptions, materials lists, quantities, and follow-up refinements. AI output is a starting point, not a guarantee. It can be incorrect, incomplete, or unsuitable for your specific project, jurisdiction, building code, or safety requirements. You are responsible for reviewing AI output and making your own judgments before buying materials or starting work. The Service is not a substitute for a qualified contractor, designer, or engineer.

9. Intellectual property

The Service — including the Stucly and Kiwa Intel names, logos, software, design, and documentation — is owned by Kiwa Intel Inc. and protected by Canadian and foreign intellectual-property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your own personal or internal business purposes during your subscription.

10. Service availability

We do our best to keep the Service available, but we don’t guarantee uninterrupted access. The Service depends on third-party systems (hosting providers, payment processors, retailer websites, AI providers) that can fail or change without notice. We may perform maintenance, deploy updates, or pause non-critical features without prior notice. There is no formal uptime SLA on the free or Pro tier.

11. Termination and suspension

You can stop using the Service and delete your account at any time from your profile settings. Deletion permanently removes your profile, projects, materials, and feedback.

We may suspend or terminate your account if you materially breach these Terms, abuse the Service in a way that risks degrading it for others, or if continued service exposes us to legal risk. Where reasonable, we’ll give you notice and a chance to cure first. Sections that by their nature should survive termination (including IP, disclaimers, limitation of liability, indemnification, and governing law) survive.

12. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. Some jurisdictions don’t allow the exclusion of certain implied warranties, so some of the above may not apply to you.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIWA INTEL INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID TO KIWA INTEL FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (b) ONE HUNDRED CANADIAN DOLLARS (CAD $100). Some jurisdictions don’t allow the limitation of incidental or consequential damages, so the above may not apply to you in full.

14. Indemnification

You agree to defend, indemnify, and hold Kiwa Intel Inc. and its directors, officers, employees, and agents harmless from and against any claims, damages, and expenses (including reasonable legal fees) arising out of: (i) your use of the Service in violation of these Terms or applicable law, (ii) Your Content, or (iii) your infringement of any third party’s rights.

15. Changes to these Terms

We may update these Terms from time to time. If a change is material, we’ll give you notice via the Service or by email at least 14 days before it takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you don’t agree to the change, stop using the Service before it takes effect.

16. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-laws principles. Subject to the next paragraph, you and Kiwa Intel each consent to the exclusive jurisdiction of the courts located in Toronto, Ontario for any dispute arising out of or related to the Service or these Terms.

Nothing in this section affects rights you have under mandatory consumer-protection laws of the province where you live, including (where applicable) Quebec’s Consumer Protection Act and related rules.

17. Miscellaneous

These Terms, together with the Privacy Policy and any plan-specific terms shown at checkout, are the entire agreement between you and Kiwa Intel. If any provision is held unenforceable, the remainder will remain in effect. Our failure to enforce any provision isn’t a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a corporate transaction.

18. Contact

Questions about these Terms? Email Kiwa Intel Inc. at legal@kiwaintel.com.