Terms of Service

Last updated: October 26, 2026

These Terms of Service (the "Terms") are a binding agreement between Proark Solutions 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. Plans renew each month or each year, depending on the plan you chose, until you cancel. You authorize our payment processor, Stripe, to charge your payment method on each renewal. You can cancel at any time in Billing > Subscription > Cancel plan. Cancelling stops the next renewal. For annual plans, we email you a reminder before the plan renews.
• 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 online at any time in Billing > Subscription > Cancel plan. 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.

Messages you send. If you use the Service to send project texts or WhatsApp messages to your clients or other contacts, you confirm that you have their permission to receive those messages. You will send only messages about your projects. You are responsible for that permission. Section 21 describes how texts work.

Messages you send from the Service must be informational and about your customer's projects, such as arrival notices, project updates, and reminders. You will not use the Service to send marketing or promotional messages. You will honor an opt-out you receive from anyone through any channel, including a phone call, an email, or in person, and you will stop sending that person messages from the Service. You will defend, indemnify, and hold harmless Buildficient from claims, damages, fines, and expenses (including reasonable legal fees) that arise from messages you send without the recipient's permission or in breach of this Section. We may suspend texting for an account that misuses it, including when we receive complaints about its messages.

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.

Electronic signatures. The Service lets you send documents, such as quotes, estimates, change orders, and selections, for your clients to sign electronically. Buildficient provides the signing tool only. Buildficient is not a party to any agreement between you and your client, and does not review, approve, or guarantee your documents.

• Your documents. You are responsible for the content of every document you send, including prices, scope, and terms, and for following the contract rules where you and your client are, such as home-improvement contract requirements, cancellation rights, and any documents the law says must be signed on paper or delivered another way.
• Consent. Before your client signs, the Service shows them a consumer disclosure about signing electronically, based on the US ESIGN Act and the Uniform Electronic Transactions Act, and records their consent. You are responsible for any other consent or notice the law requires for your documents, and for honoring a client's request to sign on paper, to get a paper copy, to withdraw consent, or to update their contact details.
• Signature records. For each signature we record the signer's name, the email address the document was sent to, the typed or drawn signature, the time (in UTC), their IP address and browser details, the consent text they agreed to and its version, and a fingerprint of exactly what was signed. Signature records are Customer Content: we keep them for as long as your account is open, and then delete them on the schedule in Section 16. You are responsible for keeping your own copies of signed documents for as long as the law or your business needs them, so export or download them before you cancel.
• Responsibility. Your documents and your use of electronic signatures are covered by your indemnity in Section 14, and Buildficient's liability is limited as described in Section 13.

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, (c) your construction projects, worksites, or business operations, or (d) the documents you send for signature, your agreements with your clients, and your use of electronic signatures, including any consent or notice the law required you to obtain or give.

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 timesheets, invoices, estimates and reports from the Service at any time. To get a full copy of your company's data before it is deleted, email support@buildficient.com. If you cancel, your account becomes read-only and we keep Customer Content for 90 days so you can come back. After that, we permanently delete it. If an admin chooses Delete company in Settings, the company becomes read-only right away and we permanently delete its Customer Content 30 days later; an admin can cancel the deletion at any time before then. Signed documents and their signature records are Customer Content and follow the same schedule, so download any you need first. We keep records of acceptance of these Terms, opt-out (STOP) records, and records we must keep by law. Encrypted backups roll off on their normal cycle, as described in our Privacy Policy.

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. When the Terms change materially, we show an in-app prompt, and an authorized person at your company must accept the updated Terms to keep using the Service. That prompt is how updates take effect. We record your acceptance with the version of the Terms you accepted. If you do not agree to the updated Terms, email support@buildficient.com to cancel or to get a copy of your data.

18. Governing Law

The law that governs these Terms, and how disputes are resolved, depends on where you are. If your billing address or principal place of business is in Canada, you are a "Canadian Customer." All other customers, including customers in the United States, are "Other Customers."

• Canadian Customers. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of laws rules. Disputes are decided by the courts of Ontario, sitting in Toronto, as set out in Section 19.
• Other Customers. These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict of laws rules. Disputes are resolved as set out in Section 19.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19. Dispute Resolution and Arbitration

Canadian Customers. Any dispute between you and Proark Solutions Inc arising out of or relating to these Terms or the Service will be decided by the courts of Ontario, sitting in Toronto, and each party submits to the jurisdiction of those courts. The arbitration and class action waiver in the rest of this Section do not apply to Canadian Customers.

Other Customers. The rest of this Section applies only to Other Customers. 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. Text Messages

Program name: Buildficient project notifications.

• What we send. Texts and WhatsApp messages about projects. These include notifications to team members who turn on texts in their notification settings, and messages that contractors send from the app to their own clients, such as arrival notices, project updates, and reminders.
• How you get messages. Team members opt in by turning on texts in their notification settings. It is off until they turn it on. A contractor's clients get the messages that contractor sends, after the contractor confirms the client agreed to receive them. Section 5 sets out the contractor's responsibilities.
• How often. The number of messages varies with project activity, typically no more than a few messages a week per project.
• Costs. Message and data rates may apply. Your mobile carrier sets those rates.
• Cancel. Reply STOP, END, CANCEL, UNSUBSCRIBE, QUIT, or STOPALL to any text to opt out. Opting out stops texts to that number from Buildficient. Reply START to get texts again.
• Help. Reply HELP, or email support@buildficient.com.
• Delivery. Wireless carriers and messaging providers are not liable for delayed or undelivered messages.

The Text message program page describes the program in full, including sample messages. Our Privacy Policy explains how we handle phone numbers and message data.

22. Contact

Proark Solutions Inc. Questions about these Terms: support@buildficient.com. Security matters: security@buildficient.com.