Disclaimer and Limitation of Liability
1. The Service is an assistive tool
Balancier provides automated analysis and planning tools. It does not replace professional engineering, construction, commercial, financial or legal judgement. Its output is not a guarantee that a schedule can be delivered, that a budget or a deadline will be met, that regulatory requirements are satisfied, or that any commercial result will be achieved.
2. Your duty to verify
Before relying on any output you must check the source data, the completeness of each import, the constraints applied, the optimisation and calendar results, resource and cost figures, and the suitability of the result for your project. You alone decide whether and how to use the output.
3. No warranties
Unless expressly agreed in a separate written agreement, the Service is provided "as is" and "as available". To the fullest extent permitted by law, all warranties, conditions and other terms implied by statute or common law are excluded, including any implied terms as to satisfactory quality, fitness for a particular purpose, accuracy and the exercise of reasonable care and skill.
In particular the Provider does not warrant uninterrupted or error-free operation, compatibility with every file produced by Primavera P6, Microsoft Project or other systems, preservation of every feature of a third-party file format, or that the Service will meet expectations that are not described in its documentation.
4. Excluded losses
To the fullest extent permitted by law, the Provider is not liable for:
- decisions taken on the basis of the output of the Service without independent professional verification;
- errors, gaps or unlawful content in the source data supplied by you or by third parties;
- acts or omissions of users of your workspace and of other third parties;
- failures of external infrastructure, networks, hosting or communications;
- loss or corruption of data where you have not kept your own copy;
- loss of profit, revenue, contracts, goodwill or anticipated savings, business interruption, wasted expenditure, delay or disruption costs, liquidated damages or claims by your clients, and any indirect or consequential loss, whether or not foreseeable.
5. Financial limit
Subject to clause 6, the Provider's total aggregate liability arising out of or in connection with the Service and the Terms of Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to one hundred United States dollars (USD 100) for all claims taken together.
6. What is not excluded
Nothing in this document or in the Terms of Service excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.
7. Why these limits are reasonable
The parties agree that the exclusions and limits above are reasonable, having regard to the fact that the Service is provided free of charge during its pilot phase, that it is an assistive tool whose output you are able to verify against your own source data before relying on it, that you are best placed to insure and manage the project risks of your own works, and that different allocations of risk, service levels and liability limits are available under a separate written agreement.
8. Separate agreements
Guaranteed service levels, specific security or availability commitments, higher liability limits and the requirements of a particular organisation are agreed only in a separate written agreement signed by the Provider.