Terms of Service

These Terms of Service (the “Agreement”) are entered into by and between BuilderHelp, LLC, an Alabama limited liability company (“BuilderHelp,” “we,” or “us”), and the individual or entity that registers for, purchases, or uses the Services (the “Customer,” “you,” or “your”). By clicking “I agree,” signing an order form, or otherwise accessing or using the Services, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to this Agreement. If you do not have such authority, or if you do not agree, you may not use the Services.

This Agreement, together with any order form, subscription plan you select online, the Acceptable Use Policy, and the Privacy Policy, contains warranty disclaimers, liability limitations, dispute resolution provisions, and use limitations. Read it carefully.

2. Access and Use of the Services

2.1 Access Grant

Subject to Customer’s compliance with this Agreement and timely payment of all fees, BuilderHelp grants Customer a limited, non-transferable, revocable, non-exclusive, non-sublicensable right during the Subscription Term to access and use the Services in the United States solely for Customer’s internal business purposes.

2.2 Authorized Users

Customer may permit Authorized Users to access the Services subject to seat limits in the applicable Order Form. Customer is responsible for (a) all activity that occurs under any Authorized User account, (b) ensuring each Authorized User complies with this Agreement and the Acceptable Use Policy, and (c) keeping Authorized User credentials confidential. Customer will promptly notify BuilderHelp of any suspected unauthorized access.

2.3 Usage Restrictions

Customer will not, and will not permit any Authorized User or third party to: (a) copy, modify, or create derivative works of the Services or Documentation; (b) reverse engineer, decompile, or attempt to derive the source code or underlying algorithms of the Services, except to the extent applicable law prohibits this restriction; (c) sell, resell, lease, sublicense, distribute, or otherwise transfer the Services to any third party, or use the Services in a service-bureau or time-sharing arrangement; (d) use the Services to build or train a competing product or service, or to benchmark the Services without BuilderHelp’s prior written consent; (e) circumvent any usage limits, technical restrictions, or feature gates; (f) remove or obscure any proprietary notices; (g) introduce any virus, worm, or other malicious code into the Services; or (h) use the Services in violation of any law, regulation, or third-party right, or in violation of the Acceptable Use Policy.

2.4 Third-Party Services

The Services may interoperate with Third-Party Services. BuilderHelp does not control and is not responsible for any Third-Party Service. Customer’s use of a Third-Party Service is governed by the agreement between Customer and the relevant third party. If a Third-Party Service becomes unavailable or terminates its integration with BuilderHelp, BuilderHelp may suspend or remove the related feature without liability, though BuilderHelp will use reasonable efforts to provide notice and, where commercially reasonable, an alternative.

2.5 Mobile Application

The BuilderHelp mobile application is provided subject to the terms of the applicable app store (e.g., Apple App Store, Google Play). Customer and its Authorized Users agree to comply with those terms. The mobile application may collect device identifiers, location data (with permission), and other device information necessary to deliver features described in the Documentation.

4. Customer Data

4.1 Ownership

As between the parties, Customer retains all right, title, and interest in and to Customer Data. Customer grants BuilderHelp a worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, modify, and process Customer Data solely as necessary to provide, maintain, secure, and improve the Services and to perform BuilderHelp’s obligations under this Agreement.

4.2 Customer Responsibilities

Customer represents and warrants that (a) it has all rights necessary to submit Customer Data to the Services and to grant the license in Section 4.1; (b) Customer Data does not infringe or misappropriate the rights of any third party and does not violate any law or regulation; (c) Customer has obtained all required consents and provided all required notices to its Authorized Users, project owners, employees, subcontractors, suppliers, and any other individuals whose information Customer submits to the Services; and (d) Customer’s use of the Services complies with all applicable laws, including labor, tax, payment, and consumer-protection laws applicable to Customer’s business.

4.3 No Sensitive Data

The Services are not designed for and Customer will not submit to the Services any of the following without a separate written agreement with BuilderHelp expressly addressing such data: (i) protected health information subject to HIPAA; (ii) cardholder data subject to PCI-DSS (other than as collected by BuilderHelp’s payment processors as part of the Services); (iii) Social Security numbers, driver license numbers, or government identifiers other than tax identification numbers required for normal business operations; or (iv) data subject to export-control restrictions, ITAR, or classified data of any government.

4.4 Aggregated Data

BuilderHelp may collect, use, and disclose aggregated and anonymized data derived from Customer’s use of the Services for any lawful business purpose, including benchmarking, analytics, product development, and marketing, provided that such aggregated data does not identify Customer or any individual.

4.5 Data Retention and Export

During the Subscription Term, Customer may export Customer Data using the export functionality available within the Services. Following termination or expiration of this Agreement, BuilderHelp will retain Customer Data for thirty (30) days during which Customer may request a final export, after which BuilderHelp may delete Customer Data from production systems in the ordinary course. Backups and audit logs may be retained for longer periods as required for security, legal, or compliance purposes.

6. Fees and Payment

6.1 Fees

Customer will pay all fees set forth in the applicable Order Form or shown at checkout. Unless otherwise specified, fees are quoted in U.S. dollars, are billed in advance, are non-refundable except as expressly stated, and exclude taxes. Customer is responsible for all sales, use, value-added, and similar taxes (other than taxes based on BuilderHelp’s income).

6.2 Payment

Customer authorizes BuilderHelp and its payment processors (including Stripe and Moov) to charge Customer’s payment method on file for all fees due. Customer is responsible for keeping payment information current. If a payment is declined or past due, BuilderHelp may suspend the Services and/or charge interest at the lesser of 1.5% per month or the maximum rate permitted by law.

6.3 Promotions and Discounts

Promotional pricing, discounts, and any introductory offers are made available at BuilderHelp’s discretion and may be modified or terminated at any time. Unless otherwise stated, promotional pricing applies only to the period specified at signup, after which the Customer’s subscription will be billed at the then-current standard rate.

6.4 Disputed Charges

Customer must notify BuilderHelp in writing of any dispute regarding an invoice or charge within thirty (30) days of the invoice or charge date. Charges not disputed within that period are deemed accepted.

7. Confidentiality

“Confidential Information” means non-public business, technical, financial, or other information disclosed by one party (the “Discloser”) to the other (the “Recipient”) that is identified as confidential or that should reasonably be understood to be confidential given its nature and the circumstances of disclosure. The Services and the terms of this Agreement are BuilderHelp’s Confidential Information. Customer Data is Customer’s Confidential Information.

Recipient will (i) use Confidential Information only as necessary to perform under this Agreement, (ii) protect Confidential Information using at least the same care it uses to protect its own confidential information of like importance (and in no event less than reasonable care), and (iii) limit access to Confidential Information to its employees, contractors, and agents who have a need to know and who are bound by confidentiality obligations no less protective than this Section. Confidential Information does not include information that is or becomes publicly available without breach, was rightfully known by Recipient before disclosure, is independently developed without use of the Discloser’s Confidential Information, or is rightfully obtained from a third party without restriction. Recipient may disclose Confidential Information if compelled by law, provided that Recipient (where permitted) gives Discloser prompt notice and reasonable cooperation to seek a protective order.

8. Warranties and Disclaimers

8.1 Mutual Warranties

Each party represents and warrants that it has the legal authority to enter into this Agreement and that this Agreement does not conflict with any other agreement to which it is a party.

8.2 Limited Service Warranty

BuilderHelp warrants that the Services will perform materially in accordance with the Documentation when accessed and used as authorized. Customer’s sole and exclusive remedy and BuilderHelp’s entire liability for any breach of this warranty is, at BuilderHelp’s option, to either (a) repair or replace the affected portion of the Services or (b) terminate the Subscription Term and refund any pre-paid fees attributable to the period after termination.

8.3 Disclaimer

Except for the express warranties in this Section 8, the Services and any AI Feature output are provided “as is” and “as available”. BuilderHelp and its licensors disclaim all other warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment. BuilderHelp does not warrant that the Services will be uninterrupted, error-free, secure against all attacks, or that defects will be corrected. Customer is responsible for reviewing AI Feature output and verifying any data extracted from emails, receipts, invoices, photos, audio, video, or documents before relying on it.

9. Limitation of Liability

9.1 To the fullest extent permitted by law, in no event will BuilderHelp or its licensors be liable to Customer or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost business, lost data, cost of substitute goods or services, or business-interruption damages, regardless of the theory of liability, even if advised of the possibility of such damages.

9.2 BuilderHelp’s total cumulative liability arising out of or relating to this Agreement, whether in contract, tort, or otherwise, will not exceed the greater of (a) the fees paid by Customer to BuilderHelp during the twelve (12) months immediately preceding the event giving rise to liability or (b) one hundred U.S. dollars ($100).

9.3 The limitations in this Section 9 do not apply to (i) Customer’s payment obligations, (ii) either party’s indemnification obligations, (iii) breaches of Section 7 (Confidentiality), or (iv) liability that cannot be limited under applicable law.

10. Indemnification

10.1 By BuilderHelp

BuilderHelp will defend Customer against any third-party claim alleging that the Services, when used as authorized under this Agreement, infringe a U.S. copyright, U.S. patent, or U.S. trademark, and will indemnify Customer for any damages and costs (including reasonable attorneys’ fees) finally awarded by a court of competent jurisdiction or paid in settlement of such claim. BuilderHelp’s obligations do not apply to the extent a claim arises out of (a) Customer Data; (b) modification of the Services other than by BuilderHelp; (c) combination of the Services with products, services, or technologies not provided or authorized by BuilderHelp; (d) use of the Services other than in accordance with the Documentation; or (e) any Third-Party Service. If BuilderHelp reasonably believes the Services may infringe, BuilderHelp may, at its option and cost, (1) modify the Services to be non-infringing, (2) procure a license, or (3) terminate the affected portion of the Services and refund a pro-rata portion of pre-paid fees. This Section states BuilderHelp’s sole liability and Customer’s exclusive remedy for any third-party intellectual-property claim.

10.2 By Customer

Customer will defend BuilderHelp against any third-party claim arising out of (a) Customer Data, (b) Customer’s or any Authorized User’s use of the Services in violation of this Agreement, applicable law, or the Acceptable Use Policy, or (c) any dispute between Customer and a project owner, subcontractor, supplier, employee, contractor, or other Authorized User, and will indemnify BuilderHelp for any damages and costs (including reasonable attorneys’ fees) finally awarded by a court of competent jurisdiction or paid in settlement.

10.3 Procedure

The indemnified party will (i) give prompt written notice of the claim, (ii) allow the indemnifying party sole control of the defense and settlement (provided that any settlement requiring an admission or payment by the indemnified party requires its consent, not to be unreasonably withheld), and (iii) provide reasonable cooperation at the indemnifying party’s expense.

11. Term, Termination, and Suspension

11.1 Term and Auto-Renewal

This Agreement begins on the date Customer first accepts it and continues for the Subscription Term set forth in the applicable Order Form. Subscription Terms automatically renew for successive periods equal to the original Subscription Term at the then-current rates unless either party gives written notice of non-renewal at least thirty (30) days before the end of the then-current term. BuilderHelp may modify pricing for a renewal term by providing notice at least sixty (60) days before the renewal.

11.2 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure within thirty (30) days after receiving written notice (or ten (10) days for non-payment). Either party may terminate immediately if the other party becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to a bankruptcy proceeding that is not dismissed within thirty (30) days.

11.3 Suspension

BuilderHelp may suspend Customer’s access to the Services in whole or in part if (a) Customer’s account is past due, (b) Customer or an Authorized User materially violates this Agreement or the Acceptable Use Policy, (c) Customer’s use poses a security or operational risk to BuilderHelp or other customers, or (d) required by law. Where commercially reasonable, BuilderHelp will provide advance notice of suspension. Suspension does not relieve Customer of payment obligations.

11.4 Effect of Termination

Upon termination or expiration: (i) Customer’s right to access the Services ends; (ii) Customer remains liable for all fees accrued through the date of termination; (iii) Customer Data will be handled as described in Section 4.5; and (iv) Sections 1, 2.3, 4.1, 4.2, 4.4, 4.5, 5, 6 (for unpaid amounts), 7, 8.3, 9, 10, 11.4, and 12 survive.

12. General

12.1 Governing Law and Venue

This Agreement is governed by the laws of the State of Alabama, without regard to its conflict-of-law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Jefferson County, Alabama, for any dispute arising out of or relating to this Agreement, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.

12.2 Informal Dispute Resolution

Before filing any lawsuit, the parties will attempt in good faith to resolve any dispute through direct discussion between authorized representatives for at least thirty (30) days following written notice. This Section does not bar a party from seeking emergency injunctive relief.

12.3 Modifications

BuilderHelp may modify this Agreement from time to time. Material changes will be communicated by email or in-app notice and posted at this URL with an updated effective date. Continued use of the Services after the effective date of changes constitutes acceptance. If Customer does not agree, Customer may terminate the Subscription Term and request a pro-rata refund of pre-paid fees attributable to the unused portion of the then-current Subscription Term as Customer’s sole remedy.

12.4 Force Majeure

Neither party will be liable for delays or failures in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, strikes, internet or telecommunications outages, cyberattacks, pandemics, and acts of civil or military authorities.

12.5 Notices

Notices to BuilderHelp must be sent to legal@builderhelp.app. Notices to Customer will be sent to the email address associated with Customer’s account. Customer consents to receive electronic communications, including legal notices, from BuilderHelp.

12.6 Assignment

Customer may not assign this Agreement without BuilderHelp’s prior written consent. BuilderHelp may assign this Agreement without consent in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any prohibited assignment is void.

12.7 Independent Contractors

The parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, fiduciary, or employment relationship.

12.8 Severability and Waiver

If any provision is held unenforceable, the remaining provisions remain in effect. No waiver is effective unless in writing and signed by the waiving party.

12.9 Time Limit on Claims

Any claim arising out of or relating to this Agreement must be filed within one (1) year after the cause of action accrues, except that an action for non-payment may be filed within two (2) years.

12.10 Export Compliance

The Services are subject to U.S. export laws. Customer represents it is not located in, and will not access the Services from, an embargoed country, and is not on any U.S. government denied-party list.

12.11 Publicity

BuilderHelp may identify Customer by name and logo as a customer in marketing materials and on its website unless Customer opts out by emailing legal@builderhelp.app.

12.12 Entire Agreement

This Agreement, together with the Acceptable Use Policy, the Privacy Policy, and any applicable Order Form, constitutes the entire agreement between the parties concerning the Services and supersedes all prior or contemporaneous agreements, proposals, and understandings. In the event of a conflict, an executed Order Form controls over this Agreement, which controls over the other referenced documents.