These Terms of Service ("Terms") govern your use of the FAIRmark website at getfairmark.com and your purchase of FAIRmark software licences. They are between you and FAIRmark LLC ("FAIRmark", "we", "us"), a California limited liability company at 1425 Baypointe Drive, Newport Beach, CA 92660, USA. Your use of the FAIRmark software itself is additionally governed by the Licence Agreement (EULA).
1. About FAIRmark
FAIRmark is an offline Windows desktop application for ballooning drawings and producing AS9102 Rev C First Article Inspection reports. The software runs entirely on your computer and does not transmit your drawings or inspection data over any network.
2. Purchases and the seller of record
Software licences are sold through our authorised reseller and Merchant of Record, Paddle. When you buy a licence, Paddle is the seller of record and handles payment, invoicing, and applicable taxes (VAT/GST/sales tax). Paddle's buyer terms also apply to the payment transaction. Prices are shown in US dollars and exclude tax unless stated; tax is calculated at checkout based on your location.
Licences are perpetual and node-locked to one computer, with free transfers between computers, as detailed in the Licence Agreement. Volume discounts, where offered, apply automatically at checkout based on the number of seats.
3. Evaluation
We offer a free, time-limited evaluation that is fully functional but watermarks its output and marks it "not for submission". Evaluation output must not be used as an actual First Article Inspection record.
4. Acceptable use of the website
You agree not to misuse the website: no attempting to breach its security, disrupt it, scrape it at scale, or use it to distribute unlawful or harmful content. The website, its text, graphics, and the FAIRmark name and logo are our property or used under licence, and may not be copied or reused without permission except as normal browsing requires.
5. Accuracy and your responsibility
FAIRmark assists in preparing inspection documentation, but you remain responsible for the correctness of every First Article Inspection you produce and for compliance with AS9102 and your customers' requirements. We describe the software's capabilities honestly, but you must verify results before submission.
6. Third-party standards
AS9102 is a standard of SAE International. FAIRmark is an independent product and is not affiliated with, endorsed by, or certified by SAE. Compliance with any standard is your responsibility.
7. Disclaimers and limitation of liability
THE WEBSITE AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FAIRMARK LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM THE WEBSITE OR SOFTWARE. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE LICENCE GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you. Nothing here limits liability that cannot be limited by law.
8. Changes
We may update these Terms from time to time. Material changes take effect when posted here with an updated effective date; your continued use after that constitutes acceptance.
9. Governing law
These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-laws rules. The exclusive venue for disputes is the state and federal courts located in Orange County, California. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
10. Contact
Questions about these Terms: hello@getfairmark.net. Sales: sales@getfairmark.net. Support: support@getfairmark.net.
See also our Privacy Policy, Refund Policy, and Licence Agreement.