Terms of Service

Last Updated: March 1, 2025

These Terms of Service ("Terms") form a binding agreement between BuildTrace, Inc. ("BuildTrace," "we," "us," "our") and the organization or individual that accesses the BuildTrace web application, APIs, and related services (the "Services"). By creating an account or using the Services, you agree to these Terms.

1. Who May Use the Services

  • You must be at least 18 years old (or the age of majority in your jurisdiction).
  • If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
  • You are responsible for ensuring your authorized users comply with these Terms.

2. The Services

BuildTrace provides tools to upload, organize, compare, and track changes across construction drawings and related project documents. We may modify or update the Services from time to time and will provide notice when changes materially impact functionality.

3. Accounts and Access

  • You are responsible for maintaining the confidentiality of login credentials and access tokens.
  • You must promptly deactivate access for users who no longer need it and notify us of unauthorized access.
  • You are responsible for all activity that occurs under your account.

4. Customer Data

"Customer Data" means files, drawings, plans, annotations, metadata, and other content you or your users upload or create in the Services. You retain ownership of Customer Data. You grant BuildTrace a worldwide, non-exclusive license to host, process, and display Customer Data solely to provide, secure, and improve the Services.

  • You are responsible for ensuring you have the rights to upload Customer Data.
  • You instruct BuildTrace on how Customer Data is stored, processed, and shared within your organization.
  • BuildTrace may generate aggregated or de-identified data to improve the Services.

5. Acceptable Use

  • Do not use the Services to violate laws or third-party rights.
  • Do not attempt to gain unauthorized access to systems or data.
  • Do not interfere with or disrupt the integrity or performance of the Services.
  • Do not upload malicious code or content that could harm the Services or other users.

6. Fees and Billing

If you purchase a paid plan, you agree to pay the fees described in your order form or subscription plan. Fees are non-refundable except as required by law or as explicitly stated in an order form.

7. Third-Party Services

The Services may integrate with third-party products, such as cloud storage providers, authentication services, or analytics tools. Your use of third-party services is subject to their terms, and BuildTrace is not responsible for their practices.

8. Confidentiality

Each party agrees to protect the other party's confidential information and to use it only as needed to perform under these Terms. Confidential information does not include information that is publicly available or independently developed without use of the other party's confidential information.

9. Intellectual Property

BuildTrace retains all rights, title, and interest in the Services, including software, designs, and documentation. These Terms do not grant you any ownership interest in the Services.

10. Feedback

If you provide feedback or suggestions, you grant BuildTrace a royalty-free, irrevocable license to use that feedback to improve the Services.

11. Availability and Support

We aim to provide reliable access to the Services, but we do not guarantee uninterrupted availability. We may suspend access for maintenance, security, or legal compliance.

12. Term and Termination

These Terms remain in effect until terminated. You may stop using the Services at any time. We may suspend or terminate access if you violate these Terms or if required by law.

13. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the maximum extent permitted by law, BuildTrace will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or business opportunities, arising out of or related to the Services.

15. Indemnification

You agree to indemnify and hold BuildTrace harmless from claims, damages, and expenses arising from your use of the Services or your Customer Data, including claims that your data infringes the rights of others.

16. Governing Law

These Terms are governed by the laws of the State of California, excluding its conflict of law rules. Any disputes will be resolved in the state or federal courts located in San Francisco County, California.

17. Contact

Questions about these Terms? Email legal@buildtraceai.com or reach our support team at support@buildtraceai.com.