Terms of Service

KALK is an AI-assisted quantity takeoff and estimating platform for construction professionals. You upload plans, specifications and related documents; KALK reads them, detects rooms and surfaces, extracts materials, and helps you produce quantities and estimates.

We improve the Services continuously, so features may be added, changed or removed. Features identified as beta, preview or upcoming are provided as-is, may be unstable, and may be modified or withdrawn at any time.

You must be at least 18 years old and provide accurate account information. You are responsible for keeping your credentials secure and for activity carried out under your account.

Each account belongs to an organization. The owner of an organization manages its subscription. Administrators can invite, promote and remove members, assign roles that control access to projects and data, assign licences, and access the content created within the organization.

Tell us promptly at info@kalk.ca if you believe your account or your organization's data has been accessed without authorization.

Subject to these Terms and to payment of the applicable fees, we grant your organization a limited, non-exclusive, non-transferable and revocable right to use the Services for its own business activities during the subscription. This includes producing quantities and estimates for your own clients.

A licence is assigned to one named person. It may not be shared, and login credentials may not be used by more than one person. The organization may reassign a licence from one member to another.

• Essentiel licence: access to the platform and the Essentiel features, including KALK Action, quantity takeoff, export of quantities and printing.
• Expert licence: the Essentiel features, plus the exclusive Expert features, including project synthesis.
• Performance bundle: 7 Essentiel licences, with up to 3 Essentiel users connected at the same time.
• Premium bundle: 10 Essentiel licences, with up to 5 Essentiel users connected at the same time, plus 2 Expert licences.

Additional licences may be added to a bundle at the price per licence in effect. The features included in each plan are those described on our pricing page and in the application, as they evolve under section 1.

Prices are those shown on our pricing page and at checkout when you subscribe. Unless stated otherwise, they are in Canadian dollars and exclusive of applicable taxes, including GST and QST, which are added to your invoices.

Subscriptions are billed in advance, monthly or annually depending on the billing period you choose, and payment is processed by our payment provider, Stripe. By subscribing, you authorize us to charge your payment method at the start of each billing period.

Your subscription renews automatically for successive periods of the same length until it is cancelled. You may cancel at any time from Settings > Subscription. Cancellation takes effect at the end of the current billing period, and the period already paid is not refunded, except under section 5.

Licence changes made during a period (adding or removing licences, or changing bundles) are prorated: additions are charged for the remainder of the period, and reductions give rise to a credit applied to your next invoices.

If a payment fails, we may retry it and notify you. If it still fails after the retries, the subscription is cancelled and your organization becomes read-only under section 12.

We may change our prices on reasonable prior notice. A change takes effect at the start of your next billing period, and you may cancel before then.

Except as provided in section 5 or where the law requires otherwise, fees paid are non-refundable.

Within 21 days of your organization's first payment, the owner may request a full refund of the amounts paid, taxes included, from Settings > Subscription. The subscription then ends immediately and the organization becomes read-only.

This refund is available once per organization. It does not apply to renewals or to later subscriptions.

"Client Content" means the plans, specifications, drawings, photos, estimates, libraries, project data and other materials that you or your organization upload to or create in the Services.

You and your licensors keep all rights in Client Content. We claim no ownership of it. The quantities, estimates, reports and other results that the Services generate from your Client Content also belong to you, subject to the next paragraph.

You grant KALK a non-exclusive, worldwide licence to host, store, copy, transmit, display and process Client Content for the purpose of operating, securing and supporting the Services for you, including processing by the service providers described in our Privacy Policy.

You confirm that you have the rights necessary to upload Client Content and that doing so does not breach any confidentiality obligation, contract or law.

We may use de-identified, anonymized, aggregated or otherwise protected data derived from Client Content to operate, analyze and improve the Services and to develop, test and train artificial intelligence models and related technologies. Such data does not identify you, your organization or your clients, and we do not publish your Client Content.

Detected rooms, measured surfaces, extracted materials, quantities, prices and estimates are produced using automated and AI-based methods. They may be incomplete or incorrect.

The outputs of the Services are decision support. They are not professional advice and do not replace review by a qualified estimator, engineer, architect, technologist or other professional.

You remain solely responsible for verifying scales, assumptions, quantities and prices before relying on them, including in any bid, contract, purchase order or construction decision.

You agree not to:

• use the Services in breach of any law or third-party right;
• upload content you are not authorized to share;
• share a licence or login credentials, or exceed the number of licences or simultaneous connections included in your plan;
• attempt to access data belonging to another organization, or bypass authentication, permissions, licence limits or other security measures;
• reverse engineer, decompile, scrape, resell or sublicense the Services;
• use the Services or their outputs to build or train a competing product, model or dataset;
• upload malware, or interfere with or place an unreasonable load on our infrastructure.

We treat Client Content as confidential. Access is limited to the personnel and service providers who need it to operate, secure and support the Services.

If the law or a competent authority requires us to disclose Client Content, we will notify you beforehand, unless the law prohibits it, and we will disclose only what is required.

The Services, including the platform, software, models, interfaces, documentation, and the KALK name and logo, belong to KALK or its licensors. Apart from the right to use the Services under these Terms, no licence is granted to you.

If you send us feedback or suggestions, we may use them to improve the Services without any obligation to you.

We aim to keep the Services available, but we do not guarantee uninterrupted access. We may carry out maintenance, and we may temporarily suspend access where necessary for security, legal or technical reasons.

Support is provided by email at info@kalk.ca.

When a subscription ends (cancellation, refund or payment failure), your organization becomes read-only: its members can still open and export their projects, but can no longer create or modify them. Subscribing again restores full access.

We keep the content of an organization without an active subscription for twelve months. After that, we may delete it, after notifying the owner by email at least 30 days in advance. The owner may also ask us at any time to delete the organization's content, by writing to info@kalk.ca.

We may suspend or terminate access in the event of a breach of these Terms, non-payment, or a risk to the security or integrity of the platform.

When an account or an organization is closed, the right to use the Services ends, and the associated information is deleted as described in our Privacy Policy. Export anything you need to keep beforehand.

To the extent permitted by law, the Services are provided "as is" and "as available", and we disclaim all implied warranties, including those of merchantability, fitness for a particular purpose, accuracy and non-infringement. Where the law does not allow such exclusions, they apply only to the extent permitted.

To the extent permitted by law, KALK is not liable for indirect, incidental, special, consequential or punitive damages, nor for lost profits or revenue, inaccurate or lost bids, cost overruns, project delays, or loss of data.

To the extent permitted by law, our total liability for all claims arising in any twelve-month period is limited to the greater of the amounts you paid us for the Services during that period and CAD $100.

Nothing in these Terms limits liability that cannot be limited by law, including for bodily or moral injury, or for intentional or gross fault.

You agree to indemnify KALK against third-party claims arising from your Client Content or from your use of the Services in breach of these Terms or of the law.

We may update these Terms. If a change is significant, we will give reasonable notice by email or in the application. Continued use of the Services after the effective date of the change means you accept the updated Terms.

• Force majeure: neither party is liable for a delay or failure caused by events beyond its reasonable control, including outages of telecommunications networks or of third-party providers, natural disasters, or cyberattacks.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger, reorganization or sale of all or part of our business, subject to equivalent protections for your content.
• Notices: we may send you notices by email to the address of the organization's owner, or in the application. You may send us notices at info@kalk.ca.
• Entire agreement: these Terms, our Privacy Policy and the details of your subscription form the entire agreement between you and KALK regarding the Services.
• Severability: if a provision is held invalid or unenforceable, it is limited to the extent necessary, and the other provisions remain in effect.
• Waiver: a failure or delay in exercising a right is not a waiver of that right.
• Survival: provisions that by their nature should survive the end of the Terms, including those on content, confidentiality, intellectual property, disclaimers, limitation of liability, indemnity and governing law, survive it.

These Terms are governed by the laws in force in Québec and the federal laws of Canada applicable there. The courts of the judicial district of Montréal, Québec, have exclusive jurisdiction over any dispute, except that we may seek injunctive relief in any competent court.

These Terms are available in French and in English. In the event of a discrepancy between the two versions, the French version prevails.

Les Solutions Estimation Kalk inc. (KALK), 258, rue Jean-Chauvin, Laval (Québec) H7L 5G9, Canada. Questions about these Terms: info@kalk.ca.