Terms of service

Agreement to these terms

If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms. If you do not agree, do not access or use the Service.

Definitions

Customer

The organization that registers for or pays for the Service (also referred to as “you” when acting on behalf of that organization).

User

Any individual authorized by a Customer to access the Service (employees, contractors, etc.).

Customer Data

Data submitted to the Service by Users or on behalf of a Customer, including construction project records and attachments.

Subscription

A paid or trial plan that defines features, limits, and billing cadence.

Order Form

A quote, online checkout, or written order that specifies plan, term, and pricing (if applicable).

Accounts and eligibility

• You must provide accurate registration information and keep it current.
• You are responsible for safeguarding passwords and for activity under your credentials.
• You must be at least eighteen (18) years old (or the age of majority where you live).
• Do not share accounts among unrelated organizations or attempt to circumvent technical limits.

Subscriptions, billing, and taxes

Fees, features, and limits are described on our pricing page or in an Order Form. Paid subscriptions bill through Stripe on the cadence you select (for example monthly or annually). You authorize us and Stripe to charge your payment method for applicable fees and any authorized upgrades.

• Fees are stated exclusive of applicable taxes unless explicitly noted; you are responsible for taxes we are legally required to collect.
• If payment fails, we may suspend access after notice until amounts are paid.
• We may change published list prices upon thirty (30) days’ advance notice; changes apply on your next renewal unless otherwise agreed in writing.
• Downgrades may reduce features immediately or at the next renewal depending on plan mechanics displayed at purchase.

Free trials and promotions

We may offer trials or promotional credits. Trials may be limited in duration and scope, may be discontinued at any time, and are provided without warranty. Unless converted to a paid Subscription, trial workspaces may be deleted after the trial ends.

Acceptable use

You agree not to misuse the Service. Without limitation, you must not:

• Violate applicable laws or third-party rights.
• Probe, scan, or test vulnerabilities without authorization, or breach security controls.
• Transmit malware, excessive automated traffic, or attempts to overload the Service.
• Copy, scrape, or mirror the Service except as permitted by documented APIs or written consent.
• Use the Service to build a competing product through unauthorized extraction of Customer Data from other tenants.
• Misrepresent identity or affiliation, or interfere with other users’ access.

Customer data

As between you and BuilderMonitor, your organization retains ownership of Customer Data. You grant BuilderMonitor a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely to provide and secure the Service as instructed by Users with appropriate permissions.

You represent that your organization has lawful grounds to submit Customer Data and that its processing through the Service does not violate applicable law. We may generate aggregated or de-identified statistics that do not identify you or end users for product improvement and benchmarking.

Service availability

We strive for commercially reasonable availability excluding scheduled maintenance and events beyond our reasonable control. Formal uptime commitments apply only where expressly stated in an Enterprise Order Form or separate written agreement.

Confidentiality

Each party may receive confidential information from the other. The recipient will protect confidential information with reasonable care and use it only for purposes of these Terms. Exclusions include information that is public without breach, already known, independently developed, or required to be disclosed by law (with notice where permitted).

Intellectual property

BuilderMonitor retains all rights in the Service, software, documentation, and branding. Except for the limited rights expressly granted, no rights are transferred. If you provide feedback, you grant BuilderMonitor a perpetual, irrevocable, royalty-free license to use it to improve the Service without obligation to you.

Privacy

Our Privacy Policy explains how we handle personal information and is incorporated by reference.

Third-party services

The Service may integrate with third-party products (for example payment processing through Stripe). Those services are governed by the third party’s terms and privacy notices. BuilderMonitor is not responsible for third-party services outside its reasonable control.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN WRITING, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR EITHER PARTY’S CONFIDENTIALITY BREACHES OR INTELLECTUAL PROPERTY INDEMNITY OBLIGATIONS, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO BUILDERMONITOR FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM (OR, IF NO FEES APPLY, ONE HUNDRED U.S. DOLLARS). LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Indemnification

You will defend and indemnify BuilderMonitor against claims arising from Customer Data, your breach of these Terms, or your violation of law. BuilderMonitor will defend you against a third-party claim that the Service (excluding Customer Data) infringes an intellectual property right, provided you notify us promptly and cooperate. Remedies may include modifying the Service or terminating the impacted functionality.

Term, suspension, and termination

These Terms remain in effect while you use the Service. We may suspend access immediately for security incidents, illegal activity, risk to others, or material breach. Either party may terminate for uncured material breach after thirty (30) days’ notice where cure is feasible.

Upon termination, your access ends and we may delete Customer Data subject to the Privacy Policy retention periods. For thirty (30) days after termination (unless prohibited by law), you may request export assistance through support channels.

Beta features

Optional beta or preview features may be unstable, change without notice, or be discontinued. They are provided without warranty and do not create entitlement to credits or refunds.

Changes to these terms

We may modify these Terms. Material changes will be communicated at least thirty (30) days before they take effect (for example via email or in-product notice). Continued use after the effective date constitutes acceptance. If you do not agree, stop using the Service before the effective date.

Governing law and disputes

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Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, utility failures, or actions of governmental authorities.

Miscellaneous

• These Terms constitute the entire agreement regarding the Service and supersede conflicting oral statements.
• You may not assign these Terms without our consent except as part of a merger or asset sale where the assignee agrees in writing.
• If a provision is invalid, the remainder remains enforceable.
• Failure to enforce a provision is not a waiver.
• Notices to you may be sent to your account email; notices to BuilderMonitor should go to legal@buildermonitor.com.

Contact

Legal notices and general questions about these Terms: legal@buildermonitor.com