Terms of Service

Last updated: June 10, 2026

These Terms of Service (the "Terms") are a binding agreement between Buildficient, Inc. ("Buildficient," "we," "us," or "our") and the business or individual that registers for or uses the Buildficient platform, websites, mobile applications, and related services (collectively, the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms.

1. Acceptance of Terms

If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "Customer" or "you" refers to that entity. If you do not agree to these Terms, you may not use the Service.

2. Eligibility

The Service is intended for business use by construction professionals. You must be at least 18 years old and able to form a binding contract to use the Service. The Service is not offered to consumers for personal, family, or household purposes.

3. Accounts and Security

You must provide accurate, complete registration information and keep it current. You are responsible for all activity under your account, for maintaining the confidentiality of credentials, and for managing access by your users (including employees, subcontractors, and other invitees). Notify us promptly at security@buildficient.com if you suspect unauthorized access to your account.

4. Subscriptions, Billing, and Trials

• Plans. The Service is offered on Starter, Crew, and Company subscription plans, billed monthly or annually as selected at purchase.
• Free trial. New customers may receive a 14-day free trial of the Crew plan. No payment method is required to start the trial, and no charge can occur during it. Paid service begins only if you select a plan; you are not charged unless you choose one. If you do not select a plan by the end of the trial, your account becomes read-only as described in our Cancellation & Refund Policy.
• Automatic renewal. Paid subscriptions renew automatically at the end of each billing period unless you cancel before renewal. You authorize our payment processor, Stripe, to charge your payment method on each renewal.
• Price changes. We may change prices with at least 30 days' advance notice. Changes take effect at your next renewal. If you do not agree, you may cancel before the change applies.
• Cancellation. You may cancel at any time. Cancellation takes effect at the end of the current billing period, and you retain access until then.
• Refunds. Except where required by applicable law, fees are non-refundable and we do not provide refunds or credits for partial billing periods, unused features, or downgrades.
• Taxes. Fees are exclusive of taxes. You are responsible for all applicable sales, use, and similar taxes, other than taxes on our income.

5. Acceptable Use

You agree not to, and not to permit any user to:

• use the Service in violation of any law or third-party right;
• reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent such restriction is prohibited by law;
• scrape, crawl, or harvest data from the Service by automated means, or access the Service to build a competing product;
• resell, sublicense, rent, or provide the Service to third parties as a service bureau or otherwise, except to your own authorized users;
• impose abusive or disproportionate load on our infrastructure, probe or test the vulnerability of our systems without written authorization, or circumvent usage limits or security controls;
• upload malicious code or content that is unlawful, infringing, or harmful.

We may investigate suspected violations and may suspend or terminate access as described in Section 15.

6. Customer Content

You retain all ownership rights in the data, project records, photos, voice recordings, documents, and other materials you or your users submit to the Service ("Customer Content"). You grant Buildficient a limited, non-exclusive, worldwide license to host, store, copy, process, transmit, and display Customer Content solely as needed to provide, secure, and support the Service, including processing by the AI subprocessors identified in our Privacy Policy. You represent that you have all rights necessary to submit Customer Content and to grant this license, including any required consents from individuals appearing in photos or recordings.

7. AI Features and Outputs

The Service includes AI-powered features such as speech-to-text transcription, voice command interpretation, schedule suggestions, photo analysis, and code-compliance hints (collectively, "AI Outputs"). AI Outputs are generated by statistical models and may be inaccurate, incomplete, or misleading. You must independently verify all AI Outputs before relying on them. Buildficient is a project management tool only. It is not a substitute for professional judgment or for the advice of licensed contractors, engineers, architects, inspectors, attorneys, or code-compliance professionals. All construction means, methods, safety decisions, scheduling commitments, and regulatory compliance remain solely your responsibility.

8. Third-Party Services

The Service interoperates with third-party services, including payment processing by Stripe and the infrastructure and AI providers listed in our Privacy Policy. Your use of a third-party service is governed by that provider's own terms, and we are not responsible for third-party services we do not control.

9. Intellectual Property

Buildficient and its licensors own all right, title, and interest in the Service, including all software, designs, documentation, trademarks, and logos. Except for the limited right to use the Service during your subscription, no rights are granted to you by implication or otherwise.

10. Feedback

If you provide suggestions, ideas, or other feedback about the Service, you grant Buildficient a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.

11. Confidentiality

Each party agrees to protect the other party's non-public information disclosed in connection with the Service with at least reasonable care, to use it only as needed to perform under these Terms, and not to disclose it to third parties except to employees, advisors, and service providers bound by comparable obligations, or as required by law.

12. Disclaimer of Warranties

THE SERVICE AND ALL AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. BUILDFICIENT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI OUTPUTS WILL BE ACCURATE OR RELIABLE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM PROJECT DELAYS, CONSTRUCTION DEFECTS, MISSED INSPECTIONS, FAILED PERMITS, OR RELIANCE ON AI OUTPUTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) BUILDFICIENT'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU TO BUILDFICIENT IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Indemnification

You will defend, indemnify, and hold harmless Buildficient and its officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) Customer Content, (b) your use of the Service in violation of these Terms or applicable law, or (c) your construction projects, worksites, or business operations.

15. Termination and Suspension

We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay fees when due, or use the Service in a way that threatens its security or integrity or exposes us to legal risk. Either party may terminate for the other's uncured material breach on 30 days' written notice. Sections that by their nature should survive termination (including Sections 6, 9 through 14, and 16 through 20) will survive.

16. Data Export and Retention

You may export your Customer Content at any time during your subscription using the tools provided in the Service. After cancellation or termination, we retain Customer Content for 90 days, during which you may request an export, after which we delete it from active systems in the ordinary course (subject to limited backup cycles and legal retention obligations).

17. Modifications to the Service and Terms

We may modify the Service over time, provided we will not materially reduce its core functionality during a paid term. We may update these Terms by posting a revised version and updating the date above; for material changes we will give reasonable advance notice by email or in-app message. Continued use after the effective date constitutes acceptance of the revised Terms.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Dispute Resolution and Arbitration

Before filing a claim, you agree to contact us at support@buildficient.com and attempt in good faith to resolve the dispute informally for at least 30 days. Any dispute not resolved informally will be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, with the seat of arbitration in Delaware. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive relief in court for intellectual property misuse or unauthorized access. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

20. General

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary and the remainder will stay in effect. These Terms, together with the Privacy Policy, any Data Processing Addendum, and any ordering documents, are the entire agreement between the parties regarding the Service and supersede all prior agreements on that subject. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets. Our failure to enforce a provision is not a waiver.

21. Contact

Buildficient, Inc. Questions about these Terms: support@buildficient.com. Security matters: security@buildficient.com.