Welcome to BuildManager Pro. These Terms of Service ("Terms") govern your access to and use of our construction project management platform and related services (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1 Definitions
- "Company," "we," "us," or "our" refers to BuildManager Pro.
- "User," "you," or "your" refers to any individual or entity accessing or using the Service.
- "Account" refers to your registered account with the Service.
- "Content" refers to any data, text, files, documents, graphics, or other materials uploaded, submitted, or created through the Service.
- "Subscription" refers to your paid plan for accessing the Service.
2 Account Registration and Security
2.1 Account Creation
To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
2.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.
2.3 Account Types
Accounts may be created as individual accounts or as part of an organizational account. If your account is part of an organization, the organization's administrator may have access to and control over your account.
3 Subscription and Payment
3.1 Subscription Plans
We offer various subscription plans with different features and pricing. Details of each plan are available on our website. We reserve the right to modify plans and pricing with reasonable notice.
3.2 Payment Terms
Subscription fees are billed in advance on a monthly or annual basis depending on your selected plan. All fees are non-refundable except as required by law or as explicitly stated in these Terms.
3.3 Automatic Renewal
Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings.
3.4 Free Trial
We may offer free trial periods. At the end of the trial, you will be automatically enrolled in a paid subscription unless you cancel before the trial ends.
4 Acceptable Use
4.1 Permitted Uses
You may use the Service only for lawful purposes related to construction project management and in compliance with these Terms.
4.2 Prohibited Uses
You agree not to:
- Use the Service for any illegal purpose or in violation of any laws
- Upload or transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to the Service or related systems
- Interfere with or disrupt the Service or servers
- Reverse engineer, decompile, or disassemble any part of the Service
- Share account credentials with unauthorized parties
- Use the Service to infringe on intellectual property rights
- Harvest or collect user information without consent
- Resell or redistribute the Service without authorization
5 Content and Data
5.1 Your Content
You retain ownership of all Content you upload or create through the Service. By uploading Content, you grant us a limited license to store, process, and display your Content solely to provide the Service.
5.2 Content Responsibility
You are solely responsible for your Content and represent that you have all necessary rights to upload and use such Content. We do not endorse or verify the accuracy of user Content.
5.3 Data Backup
While we implement backup procedures, you are responsible for maintaining your own backups of important Content. We are not liable for any loss of Content.
5.4 Data Export
You may export your Content at any time during your subscription period. Upon termination, you will have 30 days to export your Content before it may be deleted.
6 Intellectual Property
6.1 Our Intellectual Property
The Service, including its design, features, functionality, and all related intellectual property, is owned by the Company and protected by copyright, trademark, and other laws. You may not copy, modify, or create derivative works without our written permission.
6.2 Feedback
If you provide feedback or suggestions about the Service, we may use such feedback without obligation to you.
7 Third-Party Services
The Service may integrate with or contain links to third-party services. We are not responsible for the content, policies, or practices of third-party services. Your use of third-party services is at your own risk.
8 Disclaimers
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, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy or reliability of any information obtained through the Service.
9 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, REGARDLESS OF THE CAUSE OF ACTION OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10 Indemnification
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Service, your Content, or your violation of these Terms.
11 Termination
11.1 Termination by You
You may terminate your account at any time by contacting us or through your account settings. Termination does not entitle you to a refund of any prepaid fees.
11.2 Termination by Us
We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion with reasonable notice.
11.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership, disclaimers, indemnification, and limitations of liability.
12 Dispute Resolution
12.1 Governing Law
These Terms shall be governed by the laws of the State of Tennessee, without regard to conflict of law principles.
12.2 Arbitration
Any dispute arising from these Terms shall be resolved through binding arbitration in Nashville, Tennessee, in accordance with the rules of the American Arbitration Association. You waive any right to participate in class actions.
13 General Provisions
13.1 Entire Agreement
These Terms, together with our Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and the Company regarding the Service.
13.2 Severability
If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
13.4 Assignment
You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
13.5 Changes to Terms
We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.
14 Contact Information
For questions about these Terms, please contact us at:
BuildManager Pro
Email: legal@buildmanagerpro.com
Address: 123 Construction Way, Suite 100, Nashville, TN 37203