Terms of service

Terms and Conditions

End Use License Agreement

This End Use License Agreement (“Agreement”) is a legally binding agreement between you (“Licensee”) and TinyHouse.com LLC (“Licensor”), an Oregon-based limited liability company (LLC). By downloading or otherwise using the construction drawings and supporting documents, herein referred to collectively as “Plans”, Licensee agrees to be bound by the terms of this Agreement and any applicable Designer terms and conditions.

All purchases for Plans are nonrefundable.

Disclaimer:

The content on www.tinyhouseplans.com is for general information purposes only. While all our Plans have been drafted by a team of experienced design experts (Designers), and are occasionally reviewed and updated, they are created for a broad audience across various jurisdictions, each with its own laws and requirements. As such, our Plans do not constitute architectural or construction advice and are not a substitute for professional consultation. Furthermore, any assistance and customer support provided by us does not establish an architect-client relationship. Licensor cannot guarantee the Plans will be compliant with any applicable law in your jurisdiction. Our Plans are intended to provide design ideas and inspiration. You cannot rely solely on the Plans for your tiny home project — you must seek advice from engineers, licensed building practitioners, and/or architects in your jurisdiction. It is your sole responsibility to determine the legal requirements and restrictions of tiny homes in your jurisdiction and any compliance issues that you might encounter. Compliance with your local jurisdiction will take precedence over any and all documents provided with each purchase of any Plan.

These Plans have been developed without knowledge or reference to a specific site or geographical area. Because local and state building regulations vary widely and are subject to change, conformance of the plans with the requirements of each specific jurisdiction is impossible. In addition, the plans may not have been engineered and/or we have not ensured the legitimacy of engineering. Therefore, supplemental to these documents, it is Licensee’s and/or his/her builder’s responsibility to know and build according to and with current codes and regulations in the jurisdiction governing the project and to ensure the structural integrity and safety. Any use of this information without adaptation to changes and codes, standards, site conditions, and other factors is at the Licensee’s sole risk.

Release of Liability:

Licensor and the architect or designer of the plans disclaim all warranties, express or implied, including merchantability or fitness of purpose. Licensee agrees that the Licensor and the architect or designers of the plans shall not be liable for direct, incidental, special, consequential, or indirect damages of any kind, including but not limited to, injury, death, loss of anticipated profits, business opportunity, or other economic loss arising out of the use of the Plans. Licensee agrees to defend and indemnify Licensor for all claims, costs, losses or damages resulting from the use of Plans.

Licensee shall verify all dimensions and materials before construction begins. Licensor does not guarantee the availability of any products or materials suggested or specified in the Plans. The Licensor assumes no liability for errors or omissions in these documents and reserves the right to make changes at any time. Licensor assumes no responsibility for any alterations made to the Plans. Any and all use of the Plans is at the Licensee’s own risk.

Agreement to Designer's Terms and Conditions:

Depending on the Plans purchased, some designers require the Licensee to agree to their Terms and Conditions in addition to this Agreement. Please ensure you review and agree to the Designer's Terms and Agreements below:

Tiny Easy – https://www.tinyeasy.co.nz/terms

License:

Licensor grants Licensee a non-exclusive, non-transferable license. Any use of the Plans shall solely be for personal use. Licensee shall have the right to (a) to construct a single house based upon the Plans; (b) print three (3) hard copies of the Plans and; (c) customize the Plans at Licensee’s sole risk. The Licensor shall not be held responsible for any changes made to the plans. All changes should be examined by a licensed engineer to ensure that no additional engineering requirements are necessary.

To be clear, Licensee shall only use the Plans for PERSONAL USE. No commercial use by Licensee, their assigns, or any related or unrelated third party is implied or licensed in this agreement.

If Commercial Use is desired by Licensee, please contact us at info@tinyhouse.com to discuss the feasibility of a Commercial License. Commercial License will be governed by a separate Commercial License agreement and without a Commercial License Agreement signed by both parties, there shall be no commercial use by Licensee, their assigns, or any related or unrelated third party.

Licensor retains all rights, ownership, and interest in the Plans. Licensee acknowledges that no ownership to or rights in the Plans shall be transferred under this Agreement. Licensee agrees not to remove any trademark, copyright, or other proprietary notices on or in any portion of the Plans as delivered and shall reproduce all such notices on all authorized copies. Licensee shall respect the rights of Licensor at all times in regards to the Plans.

Licensee’s rights to use the Plans shall be limited to those expressly granted in this Agreement. Any use which exceeds the scope of this license shall be deemed to constitute a material breach of this Agreement.

To the extent permitted by law and notwithstanding the details of this agreement, Licensor expressly disclaims all warranties, conditions, results, guarantees and/or representations with respect to the Plans, whether expressed or implied and is in no way responsible for the results attained by the Licensee regarding the use of the Plans.

Restrictions:

Licensee shall not distribute, share, loan, resell, lease, sublicense, reproduce, or otherwise disclose or transfer the Plans to any third party, group or network, nor shall Licensee allow third parties to have electronic access to the Plans. Further, Licensee shall not share any customizations made to the Plans with any third party or use those customizations for any commercial purpose. Licensee, or any third party, shall not reverse engineer (or similar activities) the house after construction has begun or been completed.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall tinyhouseplans.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless tinyhousebuild.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination:

This Agreement shall commence on the date of Plans purchase and shall be perpetual as long as it is upheld. This Agreement shall terminate and be considered void upon written notice from Licensor in the event Licensee materially breaches any term or condition of this Agreement. Licensee understands that exceeding the scope of the license shall expressly constitute a material breach of this Agreement.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Attorney Fees:

If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.

Venue/Jurisdiction:

The laws of the State of Oregon shall govern the validity, construction, enforcement and interpretation of this Agreement. Exclusive venue and jurisdiction for any dispute concerning this Agreement shall be in Clackamas County, Oregon.

Third-Party Links:

Certain content, products and services available via our Service may include materials from third-parties.

Changes to Terms of Service:

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@tinyhouseplans.com.