Pile Capacity Terms of Use & End-User License Agreement

These Terms of Use and End-User License Agreement (the "Terms") are a binding agreement between hetGE LLC, a Wyoming limited liability company ("hetGE", "we", "us"), and you. By accessing or using the Pile Capacity application at capacity.hetge.com (the "Software"), you accept these Terms. If you do not agree, do not use the Software.

Your hetGE account, and any purchase of licenses through the hetGE Account marketplace, are governed separately by the hetGE Account Terms of Service at account.hetge.com/terms.

Pile Capacity is a web application for estimating the axial bearing and uplift capacity of cast-in-situ bored piles (also called drilled shafts) and CFA piles, in soil profiles built from granular, cohesive, weak rock and intermediate geomaterial strata, together with user-calibrated manual layers and inert fill.

Unlike some browser-based tools, the calculations do not run on your device. The inputs you enter are transmitted to hetGE's servers, where the analysis is performed and the PDF and Excel reports are generated. Our servers also provide authentication, license verification, and storage for the projects, designs and results you save.

Subject to a valid license held through your hetGE account and to your compliance with these Terms, hetGE grants you a personal, non-exclusive, non-transferable, revocable right to access and use the Software for your internal professional or educational purposes.

You must not:

• copy, modify, or create derivative works of the Software;
• reverse engineer, decompile, or extract source code except where such restriction is prohibited by law;
• resell, sublicense, rent, or provide the Software to third parties as a service bureau;
• circumvent license verification or access controls;
• use the Software to develop a competing product.

The Software operates in a predictive manner relative to input. hetGE has no control over the collection, use, or interpretation of the input you provide (including borehole and ground-water elevations, soil and rock layer parameters, pile geometry, cut-off levels, target loads, and safety or reduction factors). You assume sole responsibility with respect to the use of the Software and the results of that use, in terms of correctness, accuracy, reliability, and performance, and for the conclusions drawn from such use.

The Software is an analysis aid. It is not a substitute for professional engineering judgment, education, or experience, and its output does not by itself establish compliance with any building code, design standard, or regulation in any jurisdiction. The methods it implements are simple, well-established correlations intended for preliminary capacity assessment; they do not replace project-specific judgement, local practice, or full-scale load testing.

You must ensure that all output of the Software is independently reviewed, checked, and verified by a qualified person using independent means before it is used in any design, assessment, or decision.

By using the Software you confirm that you (or the persons you authorize and supervise) are suitably qualified and have the experience required to evaluate the results of a pile capacity analysis.

hetGE does not warrant and cannot warrant the results obtained by using the Software. The reference manual published with the Software documents the methods the calculation engine implements and attributes them to their sources in the geotechnical literature; documenting a method is not a warranty that any particular analysis you perform will be correct, complete, or fit for your purpose.

Ground investigation data, laboratory results, and other data you obtain from third parties are used at your own risk. hetGE takes no responsibility for the accuracy or reliability of third-party data and has no liability for damage caused by errors or omissions in it. Input data has a decisive effect on the solution: the capacity reported is a property of the profile as entered and the parameters as chosen, not of the ground itself.

The Software is not fault-tolerant and is not designed or intended for real-time monitoring of foundations, construction control, structural health monitoring, early warning of foundation distress, or any other use in which failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. hetGE expressly disclaims any warranty of fitness for such activities.

You own your soil profiles, pile schedules, analysis results, and exports. Because the analysis runs on hetGE's servers, the inputs you submit and the results produced from them are transmitted to and stored by hetGE so that your projects and designs persist across sessions and devices. See the Pile Capacity Privacy Notice at capacity.hetge.com/privacy for details of what is stored and where.

The Software, including its calculation engine, interface, reference manual, and branding, is owned by hetGE LLC and protected by copyright, trademark, and other intellectual-property laws. No rights are granted except as expressly set out in these Terms. If you send us feedback or suggestions, you grant hetGE a perpetual, irrevocable, royalty-free license to use them without obligation.

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HETGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE SOFTWARE HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND HETGE DOES NOT WARRANT THAT IT WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL ACHIEVE ANY INTENDED RESULT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) HETGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PURE ECONOMIC LOSS, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) HETGE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR ACCESS TO THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

The provisions of these Terms allocate the risks between hetGE and you, and hetGE's pricing reflects this allocation of risk and the limitation of liability specified herein. Some jurisdictions do not allow certain exclusions or limitations; to that extent, they may not apply to you.

You shall indemnify, defend, and hold harmless hetGE LLC and its members, officers, and agents from and against any claims, damages, and expenses (including reasonable legal fees), including claims by third parties or by your employees or clients, arising directly or indirectly out of your use of the Software, the results of that use, or any design, assessment, or decision based on them.

These Terms apply for as long as you use the Software. Your right to use the Software ends automatically when your license expires or is revoked, or if you breach these Terms. Sections 4–12 survive termination.

We may modify these Terms by posting an updated version on this page with a new "Last updated" date and version. Your continued use after changes take effect constitutes acceptance.

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-laws principles. The state and federal courts located in Wyoming shall have exclusive jurisdiction over any dispute arising out of these Terms or the Software, and you consent to their jurisdiction.

Questions about these Terms: [email protected].