Terms of Service

1. Acceptance of Terms

Welcome to BuildMaster. These Terms of Service ("Terms") govern your access to and use of the BuildMaster platform, including our website, applications, and services (collectively, the "Service"), provided by BuildMaster ("BuildMaster," "we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

BuildMaster is a cloud-based construction management platform designed to help contractors and construction professionals manage their business operations. Our Service includes, but is not limited to:

• Lead and customer relationship management
• Project estimation and proposal generation
• Contract creation and digital signature workflows
• Project management and task tracking
• Financial management and payment processing
• Client communication tools (email and SMS)
• Document storage and management
• Reporting and analytics

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You agree to update your information to keep it current. You may not use another person's account without permission.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Not share your login credentials with unauthorized parties
• Notify us immediately of any unauthorized access or security breach
• Log out of your account at the end of each session on shared devices

3.3 Team Accounts

If you invite team members to your organization's account, you are responsible for their compliance with these Terms. You may assign different roles and permissions to team members based on your subscription plan.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for fraudulent or deceptive purposes
• Transmit malware, viruses, or other harmful code
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Scrape, crawl, or use automated means to access the Service without permission
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to send unsolicited communications (spam)
• Impersonate any person or entity
• Store or transmit content that is illegal, defamatory, or infringes on others' rights

5. Subscription and Payment

5.1 Subscription Plans

BuildMaster offers various subscription plans with different features and pricing. The specific terms of your subscription, including pricing, billing cycle, and included features, are described on our pricing page and in your order confirmation.

5.2 Free Trial

We may offer a free trial period for new users. At the end of the trial, your account will be converted to a paid subscription unless you cancel before the trial ends. You will be notified before any charges are made.

5.3 Billing and Payment

By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis. Payments are non-refundable except as expressly stated in these Terms or required by law. You are responsible for providing accurate billing information.

5.4 Price Changes

We may change our prices from time to time. We will provide at least 30 days' notice before any price increase takes effect. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5.5 Taxes

Prices do not include applicable taxes. You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on BuildMaster's income.

6. Your Data and Content

6.1 Ownership

You retain all ownership rights to the data and content you upload, create, or store using the Service ("Your Content"). BuildMaster does not claim ownership of Your Content.

6.2 License to BuildMaster

By using the Service, you grant BuildMaster a limited, non-exclusive license to access, process, and display Your Content solely to provide and improve the Service. This license terminates when you delete Your Content or close your account.

6.3 Responsibility for Content

You are solely responsible for Your Content and ensuring it complies with applicable laws and these Terms. We do not endorse or verify the accuracy of any user content.

6.4 Data Export

You may export Your Content at any time through the Service's export features. Upon account termination, we will provide a reasonable period for you to export Your Content before deletion.

7. Intellectual Property

7.1 BuildMaster's Rights

The Service, including its design, features, code, and content (excluding Your Content), is owned by BuildMaster and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

7.2 Trademarks

"BuildMaster" and our logos are trademarks of BuildMaster. You may not use our trademarks without prior written consent.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a royalty-free, perpetual, irrevocable license to use and incorporate such feedback without any obligation to you.

8. Service Availability

8.1 Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

8.2 Modifications

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that may significantly affect your use of the Service.

9. Third-Party Services

The Service may integrate with or link to third-party services (e.g., payment processors, email providers). Your use of third-party services is subject to their respective terms and privacy policies. BuildMaster is not responsible for third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDMASTER AND ITS FOUNDERS, TEAM MEMBERS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO BUILDMASTER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless BuildMaster and its founders, team members, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your Content
• Your violation of any third-party rights

13. Termination

13.1 Termination by You

You may cancel your subscription and close your account at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period.

13.2 Termination by BuildMaster

We may suspend or terminate your access to the Service at any time for violation of these Terms, non-payment, or other reasons at our discretion. We will provide notice when reasonably possible.

13.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We will retain Your Content for a reasonable period to allow export, after which it may be deleted. Provisions that by their nature should survive termination will remain in effect.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.

14.2 Arbitration

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in San Francisco, California, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

14.3 Exceptions

Either party may seek injunctive relief in court for violations of intellectual property rights or confidentiality obligations.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BuildMaster regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. BuildMaster may assign these Terms without restriction.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Contact Us

If you have questions about these Terms, please contact us at: