These Terms and Conditions ("Terms") govern your use of MixYard: Concrete Calculator ("MixYard" or the "App"), provided by Fins Out Media ("we," "us," or "our").
By downloading, accessing, purchasing, or using MixYard, you agree to these Terms. If you do not agree to these Terms, do not use the App.
Important: MixYard is an estimating tool. Calculations generated by the App are estimates only and should be independently verified before purchasing, ordering, mixing, or placing concrete.
1. Purpose of MixYard
MixYard is designed to assist users with calculations related to estimating concrete quantities and organizing project estimates.
The App is provided as a convenience and productivity tool. It is not a substitute for professional engineering, architectural, construction, surveying, estimating, or other professional advice.
2. Accuracy of Estimates
MixYard performs calculations based on the information and measurements entered by the user. The accuracy of an estimate therefore depends on the accuracy and completeness of the information you provide.
Actual concrete requirements can differ from calculated estimates for many reasons, including:
- Incorrect or approximate measurements
- Variations in excavation depth or dimensions
- Uneven or irregular subgrade
- Formwork variations
- Site conditions
- Spillage or material loss
- Waste and overage requirements
- Concrete consolidation and placement conditions
- Supplier batch sizes and minimum order quantities
- Rounding or unit conversions
- Changes made during construction
You are responsible for independently verifying measurements, quantities, specifications, and material requirements before placing an order or beginning work.
3. No Professional Advice
Nothing provided through MixYard constitutes engineering, structural, architectural, surveying, contracting, safety, or other professional advice.
MixYard does not determine whether a proposed project complies with building codes, engineering requirements, permits, manufacturer specifications, or applicable laws and regulations.
Consult a qualified professional when your project requires professional evaluation or when you are uncertain about project requirements.
4. User Responsibility
You are solely responsible for:
- Measurements and other information entered into the App
- Reviewing and verifying calculations
- Determining appropriate waste or overage amounts
- Confirming quantities with your concrete supplier when appropriate
- Complying with applicable codes, permits, regulations, and safety requirements
- Decisions made based on estimates generated by MixYard
5. MixYard Pro
MixYard may offer optional Pro functionality through a one-time in-app purchase.
MixYard Pro may include features such as saved projects, unlimited estimates, and PDF export. Available features may evolve as the App is updated.
Purchases made through the Apple App Store are processed by Apple and are also subject to Apple's applicable terms, policies, and refund procedures.
6. Local Data Storage
MixYard stores project and estimate information locally on your device.
You are responsible for maintaining your device and any backups you consider necessary. Fins Out Media is not responsible for loss of locally stored projects, estimates, PDFs, or other information resulting from device loss, device failure, deletion of the App, software updates, data corruption, or other circumstances.
7. PDF Reports
PDF reports generated by MixYard are provided for convenience and informational purposes. The inclusion of an estimate in a PDF does not guarantee its accuracy or make it a professional engineering, construction, contractual, or supplier document.
You are responsible for reviewing exported reports before relying on, distributing, or sharing them.
8. Acceptable Use
You agree not to:
- Use MixYard for unlawful purposes
- Attempt to interfere with the operation or security of the App
- Reverse engineer the App except where applicable law expressly permits it
- Copy, redistribute, or commercially exploit the App except as permitted by law
- Misrepresent Fins Out Media as providing professional approval or certification of a project
9. Intellectual Property
MixYard, including its software, design, branding, graphics, interface, content, and related intellectual property, is owned by or licensed to Fins Out Media and is protected by applicable intellectual property laws.
These Terms do not transfer ownership of MixYard or its intellectual property to you.
10. Availability and Changes
We may update, modify, improve, suspend, or discontinue portions of MixYard at any time. We do not guarantee that the App or every feature will always be available or error-free.
11. Disclaimer of Warranties
To the maximum extent permitted by applicable law, MixYard is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
Fins Out Media does not warrant that calculations will be error-free, complete, suitable for a particular project, or identical to actual material requirements.
12. Limitation of Liability
To the maximum extent permitted by applicable law, Fins Out Media and its owners, employees, contractors, affiliates, and licensors will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or related to your use of MixYard.
This includes, without limitation, losses or costs associated with excess or insufficient concrete, material purchases, delivery charges, labor, project delays, rework, lost data, property damage, lost profits, or reliance on an estimate generated by the App.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.
13. Apple App Store
If you download MixYard through Apple's App Store, you acknowledge that these Terms are between you and Fins Out Media, not Apple, and that Fins Out Media is responsible for the App subject to these Terms.
Your use of MixYard must also comply with applicable App Store terms and policies.
14. Changes to These Terms
We may update these Terms as MixYard changes. When we do, we will update the "Last updated" date shown above.
15. Contact
Questions about these Terms can be sent to:
Fins Out Media
Email:
support@finsoutmedia.com