These terms were prepared as a starting template and have not been reviewed by an attorney. Have counsel review them before relying on them, especially the liability, indemnity, and professional responsibility sections, and complete the fee terms to match how you actually sell.
These Terms of Service govern your access to and use of the Setmark website and platform, operated by Cruz Enterprise Group LLC, a Texas limited liability company. By using Setmark, you agree to these terms. If you are agreeing on behalf of a company, you represent that you have authority to bind that company.
Setmark performs an automated and AI assisted first pass review of construction documents, surfaces likely issues, and presents them to your team pinned to the relevant drawing context. Your team then verifies, corrects, or clears each finding.
Setmark is an assistive review tool. It is not a licensed design professional and does not provide engineering, architectural, legal, or code compliance advice.
You must provide accurate information, keep your credentials secure, and are responsible for activity under your account. Setmark is for business use by people 18 or older.
You keep ownership of everything you upload. You grant us a limited, non exclusive license to host, process, transmit, and display your content solely to provide and support the service, and to maintain security and backups. You represent that you have the rights necessary to upload your content.
We treat your uploaded documents and project information as confidential. We will not disclose them except to service providers who help us operate the platform under confidentiality obligations, or as required by law. See our Privacy Policy.
Setmark, including the platform, rule logic, interface, and branding, is owned by Cruz Enterprise Group LLC and protected by intellectual property law. These terms do not transfer any ownership to you. Feedback you send us may be used without obligation to you.
Fees, billing frequency, and payment terms are as set out in the order form, subscription plan, or written agreement between us. Unless stated otherwise, fees are non refundable and exclusive of taxes.
Setmark is provided as is and as available, without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non infringement. We do not warrant that the service will be uninterrupted, error free, or that findings will be complete, accurate, or sufficient for any regulatory, permitting, or construction purpose.
To the maximum extent permitted by law, Setmark and Cruz Enterprise Group LLC will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, construction delays, rework, or business interruption, even if advised of the possibility.
Our total aggregate liability arising out of or relating to these terms or the service will not exceed the amounts you paid us in the twelve months before the event giving rise to the claim. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
You agree to defend, indemnify, and hold harmless Cruz Enterprise Group LLC and its members, officers, and agents from claims, damages, liabilities, and expenses, including reasonable attorney fees, arising from your content, your use of the service, your violation of these terms, or your violation of any law or third party right.
These terms apply while you use Setmark. You may stop using the service at any time. We may suspend or terminate access if you breach these terms, if required by law, or if continued provision creates risk. Sections that by their nature should survive will survive, including Sections 3, 5, 7, 8, and 10 through 15.
These terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. The exclusive venue for any dispute will be the state or federal courts located in Texas, and each party consents to personal jurisdiction there.
We may update these terms. When we do, we will revise the effective date above, and if changes are significant we will provide additional notice. Continued use after an update means you accept the revised terms.
Cruz Enterprise Group LLC, Texas, United States. privacy@setmark.ai