Terms of Service

These Terms of Service ("Terms") are a legally binding agreement between you, personally or on behalf of an organization ("you"), and Build Vision LLC ("Company," "we," "us," or "our"), which operates BuildVision AI. They govern your access to the buildvisionai.com website, the BuildVision AI application, and related services (collectively, the "Site").

If you access the Site on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity, and that entity agrees to these Terms.

By accessing the Site, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use the Site.

Additional terms or policies posted for a specific feature are incorporated into these Terms. We may update these Terms as the Site changes. We will update the "Last updated" date and provide any additional notice required by applicable law.

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to access and use the Site and its Content for your own internal business purposes. This does not permit you to resell the Site, copy or publish our Content as your own, use our Marks without permission, or commercially exploit the Site outside its intended estimating and business workflow.

All rights not expressly granted to you are reserved by us and our licensors. No license or other rights are granted to you by implication, estoppel, or otherwise, and you may not use our Marks without our prior written permission.

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete
2. You will maintain the accuracy of such information and promptly update such registration information as necessary
3. You have the legal capacity and you agree to comply with these Terms of Service
4. You are not a minor in the jurisdiction in which you reside
5. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
6. You will not use the Site for any illegal or unauthorized purpose
7. Your use of the Site will not violate any applicable law or regulation
8. You are not prohibited from using the Site under applicable laws, including sanctions or export control laws

If important account information is materially false, outdated, or incomplete, we may ask you to correct it and may restrict or terminate access when reasonably necessary to protect the Site, enforce these Terms, or comply with law.

You may use the Site in your construction, estimating, and related business operations. You may not resell the Site, offer unauthorized access to it, or use it for a purpose that is illegal, harmful, or outside the functionality we make available.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Site
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Site
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person or use the username of another user
• Share your account credentials or allow any other person to access the Site using your account
• Access or attempt to access any data, account, or system you are not authorized to access
• Use the Site, Content, or any outputs to develop, train, or improve competing products, services, or models, including through scraping or automated extraction
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site
• Copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site

You may submit account information, construction plans, project documents, takeoff data, quote content, messages, feedback, and other materials to the Site (collectively, "User Content"). You keep ownership of your User Content.

Private project User Content is not public unless you or an authorized workspace member chooses a sharing feature. When you submit User Content, you represent and warrant that:

• You own the User Content or have the rights and permissions needed to submit and use it
• Our processing of the User Content as described in these Terms will not infringe another person's rights
• The User Content does not violate applicable law, another person's privacy, or these Terms
• The User Content does not contain malicious code or material intended to disrupt the Site
• You will not use sharing features to harass, threaten, defraud, or send unlawful or unsolicited content

We may remove or restrict User Content when reasonably necessary to operate the Site, protect users, comply with law, or enforce these Terms.

You grant us and the service providers working for us a limited, non-exclusive, worldwide, royalty-free license to host, copy, transmit, display to authorized users, and otherwise process User Content only as reasonably needed to provide, support, secure, maintain, test, and improve the Site and specialized BuildVision AI models and workflows, comply with law, and follow your instructions. This license lasts only while needed for those purposes, subject to reasonable deletion, legal-retention, and service-provider processing periods described in our Privacy Policy.

We may use plan content, takeoff outputs, and review corrections to evaluate and improve specialized BuildVision AI takeoff models and workflows that serve customers. We do not sell private construction plans or project documents or use them to build general-purpose foundation models. We may also use other voluntary feedback to improve BuildVision AI without payment or attribution.

We care about data privacy and security. Please review our Privacy Policy at buildvisionai.com/legal/privacy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.

These Terms remain in effect while you use the Site. We may suspend or terminate access when reasonably necessary because of a material breach, non-payment, fraud, a security or safety risk, unlawful activity, harm to other users or the Site, or a legal requirement. We may also discontinue the Site subject to applicable law and any agreement with you. Where practical and legally permitted, we will provide notice and an opportunity to address the issue; urgent risks may require immediate action. Account data is handled under these Terms and our Privacy Policy. Provisions that by their nature should survive termination will survive.

WE OFFER A 7-DAY MONEY-BACK GUARANTEE ON YOUR FIRST PAID CHARGE FOLLOWING THE FREE TRIAL. SUBSEQUENT CHARGES ARE NON-REFUNDABLE.

Your 14-day free trial is fully cancellable at any time before it ends. If you cancel during the free trial, you will not be charged. A valid payment method is required to begin the trial; we use it only to process your first charge after the trial period if you choose not to cancel.

If your trial converts to a paid subscription, you may request a full refund of your first paid charge within seven (7) calendar days of the charge date. Refund requests for the first paid charge submitted after the 7-day window, and all subsequent subscription renewal charges (monthly or annual), are non-refundable.

To request a refund, email support@buildvisionai.com from the email address associated with your account. Include your account email and the invoice number of the charge in question. We will confirm receipt and process eligible refunds within one (1) business day. Refunds are returned to the original payment method and typically appear on your statement within 5-10 business days.

After the 7-day money-back window expires, or for any charge other than the first paid charge, you may cancel your subscription at any time to prevent future charges. Your account will remain active through the end of the current billing period, and you will not receive a prorated refund for any unused portion of that period.

If you have a billing concern or believe a charge was made in error, we strongly encourage you to contact us at support@buildvisionai.com before initiating a chargeback or dispute with your card issuer. We resolve good-faith billing disputes directly and quickly, typically within one business day.

Any amounts not paid when due shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law, calculated from the date due until paid in full. You shall also be responsible for all reasonable costs of collection, including attorneys' fees.

We may change, suspend, or discontinue all or part of the Site, including features, prices, or usage limits. We do not guarantee that the Site will be available at all times. Where notice is required by applicable law or an agreement with you, we will provide it.

We may perform maintenance or temporarily restrict access when needed. Nothing in this section is an uptime guarantee or service level agreement.

These Terms shall be governed by and defined following the laws of the State of Wyoming, without regard to conflict of law principles. Subject to the Dispute Resolution section, you and Build Vision LLC irrevocably consent that the state and federal courts located in Wyoming shall have exclusive jurisdiction for any permitted court proceedings arising in connection with these Terms.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT THAT THE SITE, ANY CONTENT, OR ANY OUTPUTS (INCLUDING THOSE GENERATED BY AUTOMATED OR AI FEATURES) WILL BE ACCURATE, COMPLETE, RELIABLE, OR MEET YOUR REQUIREMENTS, OR THAT DEFECTS WILL BE CORRECTED. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES OR INTEGRATIONS.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY OUTPUTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR (B) ONE HUNDRED DOLLARS (US $100).

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your User Content; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Site with whom you connected via the Site; (7) your violation of any applicable law or regulation; (8) your use of or reliance on any outputs or recommendations; or (9) your data, content, or materials submitted through the Site.

Each party may receive non-public information that a reasonable person would understand to be confidential ("Confidential Information"). Each party will use reasonable care to protect the other party's Confidential Information and will use it only to provide or use the Site, exercise rights under these Terms, or comply with law. Your private User Content is your Confidential Information. Our non-public software, technology, business processes, pricing, and product plans are our Confidential Information.

This obligation does not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already lawfully known to the receiving party; (c) is independently developed without use of the other party's Confidential Information; or (d) is lawfully received from a third party without a confidentiality restriction. A party may disclose Confidential Information when required by law and, where legally permitted, will provide reasonable notice first.

These confidentiality obligations survive termination for as long as the information remains confidential.

We process and store certain data you transmit to the Site as needed to provide the service. You remain responsible for keeping copies or exports required for your business. Service interruptions, deletion requests, account changes, and events outside our control may affect availability or recovery of data.

We may delete or remove data as permitted by these Terms and our Privacy Policy. We may create service-level metrics that do not reasonably identify a person, customer, workspace, or private project and use those metrics for analytics and product improvement.

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

We shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, utility or telecommunications failures, cyberattacks, pandemics, government actions, or failures of third-party hosting or infrastructure providers. We will use reasonable efforts to notify you of such events and their expected duration.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of these Terms.

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and us. Neither party has authority to bind the other or to incur any obligation on the other's behalf.

These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any attempted assignment without such consent is void. These Terms do not confer any rights or remedies upon any person or entity other than the parties hereto. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Any cause of action arising out of or related to the Site or these Terms must be commenced within one (1) year after the cause of action accrues. Section headings are for convenience only and do not affect interpretation.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: