Terms of Service

1. Agreement and parties

These Terms form a binding agreement between Build ERP and the Customer (the business entity using the Service), and apply to Authorized Users who access the Service on a Customer’s behalf. If you accept these Terms on behalf of a company, you represent that you have authority to bind that company. Our Privacy Policy explains how we handle information and is incorporated by reference.

2. The Service

Build ERP provides cloud software for construction and operations workflows, which may include project management, financial tools (such as invoices, purchase orders, bills, and change orders), document and field modules, directory management, reporting, and related features. We may improve, add, or modify features over time. We do not guarantee that any particular feature will remain available indefinitely, except as stated in a separate written order or subscription agreement.

3. Accounts, invitations, and eligibility

• Access may be granted by invitation, workspace membership, or other Customer-controlled onboarding.
• You must provide accurate registration information and keep credentials confidential.
• You are responsible for activity under your account. Notify us promptly of unauthorized access.
• The Service is intended for business use by adults. You must be at least 18 (or the age of majority in your jurisdiction) to use it.
• Customers are responsible for Authorized Users’ compliance with these Terms and for managing roles and permissions.

4. Subscriptions, trials, and fees

Paid plans, trials, usage limits, and billing terms may be described in an order form, in-product plan selection, or a separate subscription agreement. Fees are due as stated there. Unless otherwise agreed in writing, subscriptions may renew automatically for successive terms until canceled in accordance with the applicable plan. Taxes may apply. Failure to pay may result in suspension or termination of access.

5. Customer Data

Customers retain all rights to Customer Data. By submitting Customer Data, the Customer grants us a limited license to host, process, transmit, and display that data solely as needed to provide and secure the Service, and as otherwise described in the Privacy Policy. Customers represent that they have all rights necessary to submit Customer Data and that doing so does not violate law or third-party rights. Upon termination, we will make Customer Data available for export for a reasonable period consistent with our practices and any order, after which we may delete it except where retention is required by law.

6. Acceptable use

You will not, and will not permit others to:

• Use the Service for unlawful, harmful, or fraudulent purposes
• Attempt to gain unauthorized access to systems, accounts, or data
• Interfere with or disrupt the Service, including via malware or excessive automated requests
• Reverse engineer, decompile, or attempt to extract source code except where prohibited by law from restriction
• Resell, sublicense, or provide the Service to third parties except as expressly allowed
• Upload content that infringes intellectual property, privacy, or other rights
• Circumvent usage limits, security controls, or billing mechanisms

7. Third-party services and integrations

The Service may interoperate with third-party products (including Google authentication, Procore, QuickBooks Online, and payment providers). Those services are governed by their own terms and privacy policies. We are not responsible for third-party services. Enabling an integration is at the Customer’s direction and risk. QuickBooks Online connections are also subject to our QuickBooks Online End User License Agreement.

8. Intellectual property and feedback

We and our licensors own the Service, including software, interfaces, documentation, branding, and related intellectual property. Except for the limited right to access the Service under these Terms, no rights are granted. If you provide feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

9. Confidentiality

Each party may receive non-public information from the other that is marked confidential or should reasonably be understood as confidential. The receiving party will use that information only to perform under these Terms and will protect it with reasonable care. Customer Data is Customer’s confidential information. These obligations do not apply to information that is public, independently developed, or rightfully received from a third party without duty of confidentiality.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT IT WILL MEET YOUR SPECIFIC REQUIREMENTS.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY THE CUSTOMER TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY (OR, IF NO FEES WERE PAID, ONE HUNDRED U.S. DOLLARS). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY.

12. Indemnification

Customer will defend and indemnify Build ERP and its affiliates, officers, and employees against claims, damages, and expenses (including reasonable attorneys’ fees) arising from Customer Data, Customer’s or Authorized Users’ misuse of the Service, or violation of these Terms or applicable law, except to the extent caused by our willful misconduct.

13. Term and termination

These Terms apply while you use the Service. We may suspend or terminate access for material breach, non-payment, legal risk, or misuse. Customer may stop using the Service and cancel according to its plan or order. Provisions that by nature should survive (including ownership, confidentiality, disclaimers, limitations of liability, and indemnity) will survive termination.

14. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date will change when we do. Material changes may be communicated by email or in-product notice. Continued use after the effective date constitutes acceptance, except where applicable law or a separate written agreement requires otherwise.

15. General

• These Terms are the entire agreement regarding the Service, unless a signed order or master agreement states otherwise (in which case that document controls for conflicting terms).
• If any provision is unenforceable, the remainder remains in effect.
• Failure to enforce a provision is not a waiver.
• You may not assign these Terms without our consent; we may assign them in connection with a corporate transaction.
• Governing law and venue will be the laws and courts of the jurisdiction in which Build ERP primarily operates, unless a separate written agreement specifies otherwise.
• Notices may be sent to the email associated with the Customer account or to info@builderp.com.

16. Contact

Questions about these Terms: info@builderp.com.