End User License Agreement
IMPORTANT NOTICE: PLEASE READ CAREFULLY BEFORE USING THE SOFTWARE.
CPQ EULA_V2.2
Cleaning Price Quick (CPQ)
1. Definitions and Interpretation
In this Agreement, unless the context requires otherwise: Agreement means this End-User Licence Agreement; CPQ means the Cleaning Price Quick cloud-based software platform; Licensee means the individual or entity accessing or using the Services; Licensor means Ismar Oliveira trading as Cleaning Price Quick (CPQ); Services means access to CPQ and all related functionality; Outputs means any calculations, reports, pricing structures or results generated by CPQ; Subscription means the Licensee’s paid access.
In this Agreement: headings do not affect interpretation; singular includes plural; references to law include amendments; ‘including’ is not limiting; no rule of construction applies against the drafter.
2. Acceptance
By accessing or using the Services, including during a free trial, the Licensee acknowledges that it has read, understood and agrees to be bound by this Agreement. The Licensee is responsible for satisfying itself that CPQ is suitable for its business, sufficiently accurate and appropriate for its intended use.
2A. Free Trial and User Evaluation
The free trial allows the Licensee to test CPQ’s suitability and accuracy for its own business before subscribing. During the trial, the Licensee must evaluate the Services using its own relevant data, rates, assumptions and scenarios, and satisfy itself that the calculations and Outputs meet its requirements. If not satisfied, the Licensee should not proceed to paid use.
3. Grant of Licence
The Licensor grants the Licensee a non-exclusive, non-transferable and revocable right to access and use the Services for internal business purposes. Each licence permits a maximum of two simultaneous users, each working on a different project.
The Licensee must not resell, copy, reverse engineer, or use the Services to build a competing product.
4. Nature of Services
CPQ is a decision-support tool and does not replace professional judgement or commercial decision-making. Use by an experienced soft services estimator or a suitably experienced person is recommended.
5. Use of Outputs
All Outputs are indicative and depend on inputs and assumptions. Before relying on any Output for estimating, tendering, pricing, rostering or other business decisions, the Licensee must independently review and validate the inputs, assumptions, calculations and results against its business and project requirements.
The Licensee is solely responsible for pricing decisions and outcomes.
The Licensor does not guarantee accuracy, profitability, or suitability.
6. Indicative Data and Assumptions
Default and sample values are illustrative only and may or may not be appropriate for a particular project. The Licensee must not rely on them without independent review and validation.
Company-specific rates, ratios, production rates, productivity assumptions, costs, margins and other values are editable. The Licensee must review and adjust these inputs to reflect its own operations and each project.
Cleaning and other consumables, materials and equipment databases are editable. The Licensee must review and revise prices and other values to reflect its suppliers, discounts, purchasing arrangements and purchasing power, and must not rely on supplied sample database values without review and adjustment where required.
7. Compliance and Industrial Obligations
CPQ includes frameworks based on Cleaning Services Award and Security Services Industry Award.
The Licensee is responsible for verifying compliance with all laws and obligations.
8. Award Updates
The Licensor will use reasonable endeavours to update award changes.
The Licensee remains responsible for compliance at all times.
9. Maintenance Services Assumptions
Maintenance labour assumptions may reflect industry practices including above-award pay.
The Licensee is responsible for selecting appropriate rates and compliance.
10. No Professional Advice
The Services do not constitute legal, financial or professional advice.
11. Limitation of Reliance
Outputs must not be relied upon as the sole basis for decisions.
The Licensee must independently review and validate all Outputs.
12. Data Responsibility
The Licensee is responsible for all data entered and for the security, access controls and backups of job files stored on its own servers or computers.
The Licensor is not liable for errors from incorrect inputs.
13. Access and Availability
The Services may be interrupted for maintenance or technical reasons.
No guarantee of uninterrupted access is provided.
14. Subscription and Feature Access
Access depends on an active free trial or paid Subscription and the selected plan. By proceeding from a free trial to paid use, the Licensee acknowledges that it had the opportunity to test CPQ as described in section 2A and remains responsible for assessing its suitability and accuracy.
The Licensee may pause or cancel its Subscription at any time. Jobs can be saved and reused at a later date, including when a Subscription is resumed or renewed, subject to active access and the selected plan. The Licensee is responsible for retaining its saved job files.
Downgrades may restrict access to features and data.
15. Fees, Payment and Suspension
Fees must be paid as agreed.
Non-payment may result in suspension or termination.
16. Support
Support is provided on a reasonable endeavours basis.
Custom work is excluded unless agreed.
17. Intellectual Property
All intellectual property remains with the Licensor.
18. Warranty
The Services are provided ‘as is’ without warranties except as required by law. Nothing in this Agreement excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.
19. Limitation of Liability
Liability is limited to fees paid in the 12 months preceding the claim.
The Licensor is not liable for indirect or consequential losses.
20. Refunds
Refunds are only provided where required by law.
21. Termination
The Licensor may terminate for breach, non-payment or insolvency.
Access ceases immediately upon termination.
22. Assignment
The Licensee may not assign without consent.
The Licensor may assign its rights.
23. Governing Law
This Agreement is governed by the laws of New South Wales, Australia.
