1. Agreement to Terms & Scope of Services
These Terms of Service ("Terms") constitute a legally binding agreement between Tucker Technology Consulting ("TTC") and the client entity, including British Columbia Strata Corporations established under the Strata Property Act ("Strata Corporation"), commercial asset managers, architectural engineering practitioners, and general contractors (collectively, "Client").
TTC provides advanced geospatial surveying, terrestrial LiDAR scanning, autonomous UAV reality capture, 2D architectural blueprint vectorization, Building Information Modeling (BIM/VDC), mesh objectification, living asset registers, and web-based interactive 5D digital twin platform access (the "STRATA Spatial Platform").
2. Independent Statutory Engineering Verification (SPR s.6.2(6))
TTC is a specialized spatial technology consultancy and software provider, not an engineering consulting firm. In strict compliance with British Columbia legislation:
- Role of TTC: TTC executes precision reality capture, measures physical building geometry, creates structured asset inventories, and hosts the visual digital twin environment.
- Role of Licensed Engineers: Pursuant to Section 6.2(6) of the Strata Property Regulation (BC Reg 43/2000), statutory Depreciation Reports (SPA s.94) and Electrical Planning Reports (SPA s.94.1) require physical site inspection, physical condition assessment, financial life-cycle modeling, and professional certification by an independent licensed engineer (P.Eng.), architect, or qualified person.
- Independent Verification Guarantee: All statutory engineering deliverables delivered through TTC partnerships are independently authored, reviewed, and sealed by arm's-length licensed professional engineers registered with Engineers and Geoscientists British Columbia (EGBC).
3. Zero-Commission Fiduciary Mandate (Rule G9)
TTC operates with absolute fiduciary integrity under Principle G9:
- TTC does not pay, offer, solicit, or accept referral commissions, undisclosed finders' fees, or rebates from property management companies, strata managers, engineering firms, restoration contractors, or insurance brokerages.
- Every technology recommendation, equipment inventory assessment, and pilot selection is rendered strictly for the objective benefit and financial stewardship of the Strata Corporation.
4. Client Ownership of Building Records (SPA s.35)
Pursuant to Section 35 of the British Columbia Strata Property Act, the Strata Corporation must retain ownership of all architectural plans, technical records, and building reports:
- Permanent Client Ownership: The Strata Corporation is the sole owner of all raw point cloud data, 3D textured polygon meshes, BIM geometry (IFC/Revit), maintenance records, and asset registers generated under this engagement.
- Unrestricted Export: TTC grants the Client an irrevocable, perpetual, royalty-free license to access, export, and utilize their building data across any third-party software platform or engineering firm of their choosing.
5. Drone Survey Safety, Permitting & Weather Protocols
All aerial reality capture operations are conducted in strict compliance with Transport Canada Canadian Aviation Regulations (CARs Part IX):
- Operations are piloted exclusively by Transport Canada certified Advanced UAV Flight Operators.
- All drone flights carry $5,000,000 in dedicated third-party aviation liability insurance.
- Flights are subject to weather minimums (winds below 30 km/h, zero active precipitation). In the event of adverse meteorological conditions, flights are rescheduled at no additional fee to the Client.
6. Platform Availability, Security & Canadian Hosting
TTC commits to a 99.9% scheduled monthly uptime for the hosted STRATA Spatial Platform:
- All platform infrastructure is hosted within sovereign Canadian cloud data facilities (SOC 2 Type II certified).
- Nightly encrypted backups are maintained with multi-region redundancy across British Columbia and Alberta.
- Platform maintenance windows are scheduled between 01:00 and 05:00 PST and communicated to Strata Councils in advance.
7. Subscription Billing, Auto-Renewal & 90-Day Test Guarantee
All STRATA Spatial Platform and Private Residence Digital Twin subscriptions processed via Stripe Hosted Checkout (including 5-Year Agreements and Single-Year Agreements billed monthly or annually upfront, whether paid by Card / Digital Wallet or Canadian Pre-Authorized Debit / EFT) are configured as automatically recurring subscriptions unless cancelled in accordance with these Terms. Applicable Canadian taxes (including BC GST/PST where required by law) are calculated automatically at checkout and on renewal invoices based on the Client's billing location.
90-Day Test Guarantee (5-Year Agreements Only): All 5-Year Agreements include a 90-Day Test Guarantee calculated from the subscription start date. The initial 90 days (three billing months) of service remain billable and non-refundable to cover Day-1 onboarding, model structuring, and register setup. Should the Client elect to terminate a 5-Year Agreement in writing (emailed to brey@tuckertech.consulting) on or before Day 90:
- Monthly Billing Plan: After the 90-day period (3 monthly cycles billed), the remaining fifty-seven (57) months of the 5-Year Agreement are cancelled penalty-free with no early termination fee.
- Annual Upfront Plan (-10% Prepay): TTC retains fees corresponding to the 90-day evaluation period (25% of the Year-1 subscription fee), refunds the unused nine (9) months (75% of the Year-1 subscription payment) to the original payment method, and cancels the remaining four (4) years of the agreement penalty-free.
Single-Year Agreements (12-month operating commitment) auto-renew annually unless written notice of non-renewal is delivered at least thirty (30) days prior to the renewal date and do not carry the 90-Day Test Guarantee. Hardware purchases, custom field survey dispatches (e.g., Drone & LiDAR Reality Capture once mobilized), and bespoke deliverables are governed by their respective Statement of Work. Tucker Technology Consulting Inc.'s legal business address for notices under these Terms is 33695 South Fraser Way, Abbotsford, British Columbia, V2S 2C1, Canada.
8. Limitation of Liability
To the maximum extent permitted by applicable British Columbia law, TTC's aggregate financial liability arising out of or related to this Agreement or the provision of spatial services—whether in contract, tort, or statutory duty—shall not exceed the total fees paid by the Client to TTC under the applicable project Statement of Work during the twelve (12) month period immediately preceding the event giving rise to liability.
9. Governing Law & Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Any legal dispute, controversy, or claim arising from this Agreement shall be submitted to the exclusive jurisdiction of the Supreme Court of British Columbia sitting in Vancouver, BC.