Set4 Pre-Check End User License Agreement
Effective Date: May 12, 2026
This End User License Agreement (“Agreement”) is a binding legal contract between you, either individually or on behalf of an entity (“you” or “User”), and Set4 Technology Inc., a Delaware corporation (“Set4”, “we”, “us”, or “our”). This Agreement governs your access to and use of Set4 Pre-Check and any related websites, software, application programming interfaces, and outputs (collectively, the “Service”).
Please read this Agreement carefully. By clicking “I Agree”, creating an account, uploading content, or otherwise accessing or using the Service, you acknowledge that you have read, understand, and agree to be bound by this Agreement. If you do not agree, do not access or use the Service.
This Agreement contains a binding arbitration provision and a class action waiver (Section 15) that affect your legal rights. The Service is provided free of charge, “as is”, with no warranties and no guaranteed availability (Sections 9, 10). The Service is not a substitute for review by a licensed design professional or the applicable authority having jurisdiction (Section 8).
By accepting this Agreement, you represent and warrant that:
“AI Outputs” means any analyses, summaries, code review findings, compliance assessments, comments, classifications, predictions, or other content generated by the Service in response to User Content or other inputs.
“AHJ” means the authority having jurisdiction over the permitting, plan review, or code compliance process to which User Content relates.
“Aggregated Data” means data derived from User Content or use of the Service that has been aggregated, anonymized, or de-identified such that it does not identify you or any individual.
“User Content” means any plans, drawings, specifications, documents, data, text, metadata, images, project information, or other materials that you upload, submit, or transmit to the Service.
Subject to your continuing compliance with this Agreement, Set4 grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or professional purposes during the term of this Agreement.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use the AI Outputs generated for you solely in connection with your internal review of the project to which the corresponding User Content relates. You may not resell, redistribute, or use AI Outputs to train, develop, or improve any artificial intelligence model or competing product.
All rights not expressly granted in this Agreement are reserved by us. Nothing in this Agreement transfers ownership of the Service, the underlying models, the software, or any related intellectual property to you.
You agree not to, and not to permit any third party to:
We may suspend or terminate your access immediately if we believe, in our sole discretion, that you have violated this Section 4.
As between you and us, you retain all ownership rights you have in User Content. The Service does not transfer ownership of User Content to us.
You hereby grant to Set4 a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to access, store, host, copy, reproduce, modify, create derivative works of, distribute, display, transmit, process, and otherwise use User Content for any of the following purposes:
The license granted in this Section 5 is perpetual and irrevocable and survives termination of this Agreement and any termination of your account, including with respect to copies of User Content that have been incorporated into Aggregated Data or derivative works prior to termination.
We will not publicly disclose User Content in a manner that identifies you by name without your consent, except as required by law. Aggregated Data is not User Content and may be used and disclosed without restriction.
You represent and warrant that (a) you have all rights necessary to grant the license in this Section 5, including any rights from the owner of any design documents or other materials included in User Content, and (b) the User Content and our exercise of the rights granted hereunder do not and will not infringe or violate the rights of any third party.
If you submit suggestions, ideas, feedback, or other input regarding the Service (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, modify, and exploit Feedback for any purpose, without any obligation or compensation to you. We may incorporate Feedback into the Service without restriction.
Our collection and use of personal information in connection with the Service is described in our Privacy Policy at https://set4.io/terms, which is incorporated by reference into this Agreement. By using the Service, you consent to the practices described in the Privacy Policy.
The Service uses artificial intelligence and machine learning to generate AI Outputs. AI Outputs may contain errors, omissions, inaccuracies, misclassifications, “hallucinations”, or other defects, and may produce different results for the same or similar inputs. AI Outputs are probabilistic and are not guaranteed to be complete, accurate, current, or fit for any purpose.
AI Outputs are provided for informational and preliminary review purposes only. AI Outputs do not constitute and are not a substitute for: (a) review, analysis, or determination by a licensed architect, engineer, or other design professional; (b) formal code compliance review; (c) plan review, permitting, or approval by any AHJ; or (d) legal, engineering, or professional advice of any kind.
You are solely responsible for independently verifying all AI Outputs, for exercising your own professional judgment, and for complying with all applicable laws, codes, and regulations. You agree not to rely on AI Outputs as the basis for any design, construction, permitting, or other professional decision without independent review by a qualified licensed professional.
No attorney-client, engineer-client, architect-client, or other professional relationship is formed between you and us by your use of the Service. The fact that an AI Output indicates compliance, approval, or absence of issues does not constitute a determination of code compliance and does not bind any AHJ.
The Service is provided free of charge. We make no commitments regarding service levels, uptime, availability, performance, response times, or support, and we have no obligation to provide updates, upgrades, maintenance, or technical support.
We may modify, suspend, throttle, or discontinue the Service or any portion of it, in whole or in part, at any time, with or without notice, in our sole discretion. We may also impose limits on use, storage, file size, or features at any time. We will have no liability to you or any third party for any modification, suspension, or discontinuation of the Service.
The Service, AI Outputs, and all related materials are provided “as is” and “as available”, with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, Set4 and its licensors, affiliates, officers, directors, employees, and agents (collectively, the “Set4 Parties”) disclaim all warranties, express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, quiet enjoyment, and any warranties arising from course of dealing, course of performance, or usage of trade.
Without limiting the foregoing, we do not warrant that the Service or AI Outputs will be accurate, complete, current, reliable, uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects will be corrected. We do not warrant that the Service will meet your requirements or that AI Outputs will be accepted by any AHJ.
Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the foregoing exclusions apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, in no event will the Set4 Parties be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business, business opportunity, anticipated savings, data, or use, arising out of or relating to this Agreement, the Service, or the AI Outputs, whether based on contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages and even if a remedy fails of its essential purpose.
To the maximum extent permitted by applicable law, the total cumulative liability of the Set4 Parties to you for all claims arising out of or relating to this Agreement, the Service, or the AI Outputs will not exceed the total amount of fees paid by you to Set4 for the Service in the twelve (12) months preceding the event giving rise to the claim. You acknowledge that the Service is provided free of charge and that, absent fees paid, this limitation results in no monetary liability.
The exclusions and limitations in this Section 11 apply regardless of the form of action and form an essential basis of the bargain between you and us; without these limitations, we would not provide the Service to you free of charge. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, the foregoing applies to the maximum extent permitted by applicable law.
You will indemnify, defend, and hold harmless the Set4 Parties from and against any and all third-party claims, actions, proceedings, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
We may, at our option, assume exclusive control of the defense and settlement of any matter subject to indemnification, in which case you will cooperate as we reasonably request. You may not settle any matter without our prior written consent if the settlement imposes any obligation or admission on us.
This Agreement is effective when you first accept it and continues until terminated.
You may terminate this Agreement at any time by ceasing all use of the Service and, if applicable, deleting your account.
We may suspend or terminate your access to the Service and this Agreement at any time, for any reason or no reason, with or without notice, in our sole discretion. We will have no liability to you for any such suspension or termination.
Upon termination: (a) your license to use the Service immediately ceases; (b) Sections 5 (User Content and License to Set4), 6 (Feedback), 8 (AI Outputs and No Reliance), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law), 15 (Arbitration and Class Action Waiver), and 17 (General) survive; and (c) the perpetual license granted in Section 5 with respect to User Content and any incorporation of User Content into Aggregated Data or derivative works continues in full force and effect.
This Agreement is governed by the laws of the State of New York, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 15, the state and federal courts located in New York County, New York will have exclusive jurisdiction over any disputes not subject to arbitration, and you consent to personal jurisdiction and venue in those courts.
Please read this section carefully. It affects your rights, including your right to file a lawsuit in court or participate in a class action.
Arbitration. Except as set forth below, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service (a “Dispute”) will be resolved exclusively by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted by a single arbitrator in New York, New York, or, at your election, by telephone or videoconference. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
Class Action Waiver. You and Set4 agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate or join more than one person’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable, then the entirety of this Section 15 will be null and void with respect to the affected claims, which will be brought exclusively in the courts identified in Section 14.
Exceptions. Either party may bring an individual action in small claims court. Either party may seek injunctive or other equitable relief in court for actual or threatened infringement or misappropriation of intellectual property or breach of confidentiality. Disputes regarding the scope or enforceability of this arbitration provision will be decided by a court of competent jurisdiction.
Opt-Out. You may opt out of this Section 15 by sending written notice to hello@set4.io within thirty (30) days of first accepting this Agreement, stating your name, the email address associated with your account, and an unequivocal statement that you opt out of arbitration. Opt-out by any other means is ineffective.
If you believe User Content or other material accessible through the Service infringes your copyright, please send a notice in compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512) to hello@set4.io, including: (a) a physical or electronic signature of the copyright owner or an authorized agent; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner. We may remove allegedly infringing material and terminate the accounts of repeat infringers.
Changes to this Agreement. We may modify this Agreement at any time by posting an updated version with a new Effective Date or by other reasonable notice. Changes are effective when posted unless we indicate otherwise. Your continued use of the Service after changes become effective constitutes your acceptance of the updated Agreement. If you do not agree, you must stop using the Service.
Entire Agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and us regarding the Service and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written, regarding the subject matter.
Severability. If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
No Waiver. Our failure to enforce any right or provision of this Agreement is not a waiver of that right or provision.
Assignment. You may not assign or transfer this Agreement, by operation of law or otherwise, without our prior written consent. We may assign this Agreement freely, including in connection with a merger, acquisition, financing, or sale of assets. Any prohibited assignment is null and void.
Relationship. Nothing in this Agreement creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and us. You and we are independent contractors.
No Third-Party Beneficiaries. Except for the Set4 Parties (who are intended beneficiaries of Sections 10, 11, and 12), there are no third-party beneficiaries to this Agreement.
Notices. We may provide notices to you by email, in-Service notification, or by posting on our website. You may provide notices to us at hello@set4.io.
Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, pandemics, government action, internet or network failures, third-party service failures, or denial-of-service attacks.
U.S. Government Users. If you are a U.S. federal, state, or local government entity, the Service is “commercial computer software” and “commercial computer software documentation”, and your use is governed solely by this Agreement.
Export. You agree to comply with all applicable export control, sanctions, and trade laws in connection with your use of the Service.
Contact. Questions about this Agreement may be sent to hello@set4.io.
© 2026 Set4 Technology Inc. All rights reserved.