Please read these terms carefully before using the Buildwrk platform.
Effective Date: January 1, 2025
These Terms of Service ("Terms") govern your access to and use of the Buildwrk construction management and property management platform (the "Service") provided by Buildwrk, Inc. ("Buildwrk", "we", "us", or "our"). By creating an account or using the Service, you agree to be bound by these Terms.
1. Account Registration and Eligibility
To use the Service, you must:
- Be at least 18 years of age. - Provide accurate, complete, and current registration information. - Maintain the security of your account credentials. - Notify us immediately of any unauthorized use of your account.
You are responsible for all activities that occur under your account. Buildwrk reserves the right to suspend or terminate accounts that violate these Terms.
2. Subscription and Payment
- The Service is offered on a subscription basis with various pricing tiers. - Fees are billed in advance on a monthly or annual basis depending on your selected plan. - All fees are non-refundable except as expressly stated in these Terms or required by law. - We reserve the right to change pricing with 30 days' notice. Changes will take effect at the start of your next billing cycle. - Late payments may result in suspension of access to the Service.
3. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable regulations. - Upload or transmit viruses, malware, or other harmful code. - Attempt to gain unauthorized access to other accounts, systems, or networks connected to the Service. - Reverse engineer, decompile, or disassemble any part of the Service. - Use the Service to store or transmit infringing, libelous, or otherwise unlawful material. - Interfere with or disrupt the integrity or performance of the Service. - Resell, sublicense, or redistribute access to the Service without written permission.
4. Intellectual Property
The Service, including all software, design, text, graphics, and other content, is owned by Buildwrk and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes. You retain ownership of all data and content you upload to the Service.
5. Data Ownership and Portability
You retain full ownership of all data you enter into the Service, including project information, financial records, documents, and property management data. You may export your data at any time using the built-in export features. Upon termination of your account, we will make your data available for export for a period of 30 days.
6. Service Level and Availability
Buildwrk targets 99.9% uptime for the Service. We will use commercially reasonable efforts to maintain availability but do not guarantee uninterrupted access. Scheduled maintenance windows will be communicated in advance. We are not liable for any downtime caused by factors beyond our reasonable control.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDWRK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
8. Indemnification
You agree to indemnify and hold harmless Buildwrk and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.
9. Termination
Either party may terminate these Terms at any time. You may cancel your subscription through your account settings. Buildwrk may suspend or terminate your access for violation of these Terms with reasonable notice. Upon termination, your right to use the Service ceases immediately, but provisions that by their nature should survive termination will remain in effect.
10. Governing Law and Disputes
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
11. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
12. Contact
For questions about these Terms, contact us at:
Buildwrk, Inc. Email: info@donkeyideas.com