Legal
Terms of Service
These Terms of Service ("Terms") apply to your use of the BuilderSite website, demos and software service (together, the "Service"), provided by BuilderSite ("BuilderSite", "we", "us"). By using the Service, you agree to these Terms. If you use the Service for a company, you confirm that you may bind that company, and "you" means that company. If a signed order form with us conflicts with these Terms, the order form controls.
1. The Service
We may change, add or remove any part of the Service at any time. We may suspend or end your access to the Service, in whole or in part, at any time, including if you break these Terms, do not pay, or create a risk to us or others.
2. You are responsible for your work
The Service is a tool. It does not give engineering, estimating, legal, tax, accounting or other professional advice. You must check every quantity, measurement, estimate, bid, budget, change order, pay application, payment and other result before you rely on it or send it to anyone. You alone make, and are responsible for, your bids, estimates, contracts, payments and construction decisions. We are not liable for any of them.
You are responsible for your users, their actions and their sign-in details, and for the data you put into the Service.
3. What you may not do
You may not, and may not let anyone else:
- copy, change, reverse engineer, decompile or take apart the Service, or try to find its source code;
- scrape, crawl or extract data from the Service;
- use automated tools, bots, or artificial intelligence or machine learning tools to access, copy, analyze or learn from the Service;
- benchmark the Service, or use it or anything learned from it to build or improve a competing product;
- sell, rent or share access to the Service, or get around any security or usage limit;
- use the Service in breach of any law or anyone else's rights.
4. Confidentiality
The Service, its screens, features, documents, prices, and anything we show you in a demo are our confidential information. You will keep them confidential, use them only to evaluate or use the Service, and not record, copy or share them without our written permission, unless the law requires it.
5. Ownership and feedback
We and our licensors own the Service and everything in it, including all software, designs, text, improvements and related intellectual property. These Terms give you no ownership rights. If you give us ideas or feedback, you assign to us all rights in them, and we may use them in any way without paying you.
6. Your data
You keep ownership of the data you put into the Service. You give us a non-exclusive, worldwide, royalty-free license to host, copy, process and display it only as needed to provide, secure and improve the Service. We may use data that has been combined with other data so that it does not identify you or any person.
7. Fees
Fees are set in your order form. All fees are non-refundable, except where the law requires a refund. We may suspend the Service if fees are late. You are responsible for taxes on your purchase, other than taxes on our income.
8. No service levels
We do not promise any level of availability, uptime, support or response time, unless a signed order form says so.
9. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE OR ANY RESULT WILL BE CORRECT, COMPLETE, SECURE, UNINTERRUPTED OR FREE OF ERRORS.
10. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS: (A) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BIDS, CONTRACTS, DATA OR BUSINESS, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS IS LIMITED TO THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.
11. You will protect us
You will defend, indemnify and hold harmless BuilderSite and its owners, officers, employees and agents from all claims, losses, damages, costs and expenses, including reasonable legal fees, that arise from your use of the Service, your data, your bids, estimates, contracts, payments or projects, your breach of these Terms, or your breach of any law or anyone else's rights.
12. Disputes: individual arbitration
Any dispute related to the Service or these Terms will be resolved by binding arbitration with one arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules, held in Texas. Disputes will be handled only on an individual basis. You waive any right to bring or join a class, collective or representative action, and any right to a jury trial. Either party may bring an individual claim in small claims court, and we may ask any court to stop a misuse of our intellectual property or confidential information.
13. Governing law and venue
Texas law governs these Terms, without regard to its conflict-of-law rules. Any matter not subject to arbitration will be heard only in the state or federal courts located in Texas, and you agree to their jurisdiction.
14. Changes to these Terms
We may change these Terms. We will post the new Terms on this page and, for important changes, give notice by email or in the Service. If you keep using the Service after the notice, you accept the new Terms.
15. General
These Terms, with any signed order form, are the whole agreement between you and us about the Service. We may assign these Terms; you may not without our written consent. If any part is found unenforceable, the rest still applies. Not enforcing a part is not a waiver. We are not responsible for delays caused by events outside our reasonable control. We may send notices to the email address on your account. Sections 2 to 7 and 9 to 13 survive the end of these Terms or of your access to the Service, for any reason. These include ownership and feedback, confidentiality, the disclaimer of warranties, the limitation of liability, your duty to protect us, individual arbitration, any fees you still owe, and the governing law and venue.
Contact
Questions about these Terms: hello@buildersiteos.com.