Terms of Service

1. Who we are

TB Structures OÜ is a company registered in the Republic of Estonia, registry code 16260418 ("TB Structures", "we", "us"). We publish TimbyrNode and other structural-engineering software. These Terms of Service ("Terms") govern your purchase and use of our software.

Paddle.com Market Ltd. (Judd House, 18-29 Mora Street, London EC1V 8BT, United Kingdom) - for customers outside the United States - and Paddle.com Inc. (3811 Ditmars Blvd, #1071, Astoria, New York 11105-1803, USA) - for customers in the United States - act as our merchant of record. Your contract for payment is with Paddle and is governed by the Paddle Checkout Buyer Terms (or, for invoiced customers, the Invoicing Business Terms / Invoicing Consumer Terms). Your licence to use the Software is with TB Structures OÜ under these Terms.

2. Definitions

Software means the TimbyrNode desktop application (or any other TB Structures product you purchase), including updates, patches, and new versions made available during your Subscription Period.
Licence means the right to use the Software granted to you under these Terms.
Licence File means the digitally signed .lic file issued to you by TB Structures that activates the Software on a specific machine.
Subscription Period means the period for which your Licence is valid (12 months or 3 months, as specified at purchase).
Subscription Fee means the fee paid by you for each Subscription Period.
Seat means a single machine on which the Software is activated via a Licence File.

3. Licence grant

3.1. Subject to your payment of the Subscription Fee and compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable right to install and use the Software during the Subscription Period, solely for your internal business purposes.

3.2. Each Licence File activates the Software on one machine, identified by a hardware fingerprint. You may not use a single Licence File on more than one machine at the same time.

3.3. If you have purchased multiple Seats, each Seat requires its own Licence File. You may reassign a Seat to a different machine by requesting a new Licence File from us, subject to a limit of one migration per Seat per year.

3.4. The Software is licensed, not sold. You acquire no ownership rights in the Software.

4. Restrictions

You must not, and must not permit any third party to:

(a) copy, modify, adapt, translate, or create derivative works of the Software;

(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software;

(c) distribute, sell, lease, rent, lend, sublicense, or otherwise transfer the Software or Licence File to any third party;

(d) use the Software to provide services to third parties on a service-bureau, software-as-a-service, or similar basis;

(e) remove, obscure, or alter any proprietary notices, labels, or marks on the Software or its outputs;

(f) circumvent or attempt to circumvent any licence protection mechanisms in the Software or the Licence File;

(g) use the Software in violation of any applicable law or regulation.

5. Subscription, renewal, and refunds

5.1. Your Licence is valid for the Subscription Period specified at purchase.

5.2. Unless you notify us in writing at least 30 days before the end of your current Subscription Period, your subscription will automatically renew for a successive period of the same length.

5.3. The Subscription Fee for each renewal period is the fee in effect at the time of renewal. We will notify you of any fee changes at least 30 days before your renewal date.

5.4. Evaluation Period. A full refund may be requested within 3 calendar days of the initial purchase date. After the Evaluation Period, all Subscription Fees are non-refundable, except where refunds are granted by Paddle as merchant of record (see the Refund Policy) or as required by applicable law.

5.5. Payment processing is handled by Paddle as merchant of record. We do not directly collect or store payment card information.

6. Intellectual property

6.1. The Software and all copies thereof are the intellectual property of TB Structures OÜ and are protected by copyright law, international treaty provisions, and other intellectual-property laws.

6.2. All rights not expressly granted to you in these Terms are reserved.

6.3. You agree to notify us promptly if you become aware of any unauthorised use or infringement of the Software.

7. Disclaimer of warranty and structural responsibility

7.1. THE SOFTWARE IS A TOOL FOR STRUCTURAL TIMBER CONNECTION DESIGN. THE CORRECTNESS AND ADEQUACY OF ANY DESIGN IS THE SOLE RESPONSIBILITY OF THE USER.

7.2. You are solely responsible for verifying all outputs of the Software against independent calculations, applicable design codes (including but not limited to EN 1995 / Eurocode 5), and sound engineering judgement. We do not warrant that the Software's calculations are free from errors or suitable for any particular structural application.

7.3. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. We disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

7.4. We do not warrant that the Software will operate uninterrupted, error-free, or in combination with any third-party software or hardware.

8. Limitation of liability

8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES ACTUALLY PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.2. IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including loss of profits, loss of data, loss of production, business interruption, cost of substitute goods or services, or damages arising from structural failure, regardless of the cause of action or the theory of liability, even if we have been advised of the possibility of such damages.

8.3. The limitations in this section apply to all claims, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.

9. Termination

9.1. These Terms are effective until terminated.

9.2. We may terminate these Terms immediately if:

(a) you fail to pay the Subscription Fee when due and the payment remains outstanding for more than 14 days after written notice;

(b) you breach any of these Terms and the breach is not cured within 14 days after written notice;

9.3. You may terminate these Terms at any time by ceasing all use of the Software and deleting all copies (including Licence Files) in your possession.

9.4. Upon termination for any reason, your Licence ends immediately; you must delete the Software and all Licence Files from all machines; and no refund of any Subscription Fees will be provided (subject to the Evaluation Period in §5.4).

9.5. Sections 4, 6, 7, 8, and 10 survive termination.

10. General

10.1. Governing law. These Terms are governed by the laws of the Republic of Estonia, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. (Your separate contract with Paddle as merchant of record is governed by Paddle's own terms and applicable law.)

10.2. Jurisdiction. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Harju County Court (Harju Maakohus), Tallinn, Estonia.

10.3. Export compliance. You agree to comply with all applicable export-control laws and sanctions regulations, including those of the European Union.

10.4. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.

10.5. Entire agreement. These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and TB Structures regarding the Software.

10.6. Amendments. We may update these Terms from time to time. Updated terms will be posted at tbstructures.com and take effect upon your acceptance during a Software update or renewal. You will be notified of material changes at least 30 days in advance.

10.7. Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent. We may freely assign these Terms.

10.8. Contact. TB Structures OÜ Republic of Estonia Email:

support@timbyrnode.eu (TimbyrNode)
support@tbstructures.com (all other enquiries)

TB STRUCTURES