Terms of Service

1. Acceptance of Terms

Welcome to BuilderBase. By accessing or using our construction project management platform and services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

These Terms constitute a legally binding agreement between you (either an individual or an entity) and BuilderBase ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the Services constitutes acceptance of any changes.

2. Description of Services

BuilderBase provides a cloud-based construction project management platform that enables contractors to:

• Manage construction projects and communicate with clients
• Share project updates, photos, and documents
• Track tasks, payments, and change orders
• Provide clients with passwordless portal access to their projects
• Store and organize project-related information

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3. User Accounts and Registration

3.1 Account Creation

To use BuilderBase, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Security

You agree to:

• Use a strong, unique password
• Notify us immediately of any unauthorized access to your account
• Not share your account credentials with others
• Be responsible for all activities conducted through your account

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason we deem appropriate. You may terminate your account at any time by contacting support.

4. Subscription Plans and Payment

This section covers payments for your BuilderBase subscription. For information about accepting payments from your clients through BuilderBase, see Section 8.5 (Stripe Payment Processing).

4.1 Free and Paid Plans

BuilderBase offers both free and paid subscription plans. Free plans are subject to usage limits (e.g., number of projects, storage capacity). Paid plans provide additional features and higher limits.

4.2 Billing and Payments

• Paid subscriptions are billed on a recurring basis (monthly or annually)
• Payments are processed securely through Stripe
• You authorize us to charge your payment method for all fees owed
• All fees are non-refundable unless otherwise stated

4.3 Subscription Changes and Cancellations

You may upgrade, downgrade, or cancel your subscription at any time. Changes will take effect at the start of your next billing cycle. If you downgrade, you may lose access to certain features or data that exceeds your new plan's limits.

4.4 Price Changes

We reserve the right to change our pricing at any time. We will provide advance notice of any price changes, and changes will not affect your current billing cycle.

5. User Content and Data

5.1 Your Content

You retain all ownership rights to the content you upload, create, or store on BuilderBase ("Your Content"). This includes project information, photos, documents, messages, and other data.

5.2 License to BuilderBase

By uploading Your Content, you grant BuilderBase a limited, non-exclusive, worldwide license to store, process, and display Your Content solely for the purpose of providing the Services to you. We will not use Your Content for any other purpose without your consent.

5.3 Responsibility for Content

You are solely responsible for Your Content and the consequences of uploading or sharing it. You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not violate any laws or third-party rights
• Your Content does not contain malware, viruses, or harmful code
• Your Content is not defamatory, obscene, or otherwise objectionable

5.4 Data Backup

While we implement backup procedures, you are responsible for maintaining your own backups of Your Content. We are not liable for any loss or corruption of Your Content.

5.5 Data Deletion

If you delete Your Content or terminate your account, we will delete Your Content from our systems within a reasonable timeframe, except where retention is required by law or for legitimate business purposes.

6. Acceptable Use Policy

You agree not to use BuilderBase to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload viruses, malware, or other harmful code
• Harass, abuse, or harm others
• Impersonate any person or entity
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use automated means to access the Services without permission
• Resell or redistribute the Services without authorization

7. Client Portal Access

BuilderBase allows you to create passwordless client portals for your projects. Each client portal has a unique, unguessable URL that provides read-only access to project information.

You are responsible for:

• Controlling who receives client portal access links
• Informing clients about the nature of the information accessible through their portal
• Understanding that anyone with the portal link can view the project information
• Not sharing client portal links publicly or with unauthorized individuals

8. Third-Party Integrations

8.1 QuickBooks Online Integration

BuilderBase offers an optional integration with QuickBooks Online to import your financial data. By connecting your QuickBooks account, you:

• Authorize BuilderBase to access your QuickBooks data as described in our Privacy Policy
• Confirm that you have the authority to grant this access for the QuickBooks account
• Agree to comply with Intuit's terms of service for QuickBooks Online

8.2 Data Accuracy

While we strive to accurately import and display your QuickBooks data:

• BuilderBase is not responsible for errors or discrepancies in data imported from QuickBooks
• You are responsible for verifying the accuracy of imported data
• QuickBooks remains your authoritative source for financial records
• BuilderBase does not modify data in your QuickBooks account (read-only access)

8.3 Service Availability

The QuickBooks integration depends on Intuit's APIs and services. We cannot guarantee uninterrupted availability of the integration. Intuit may change or discontinue their APIs, which may affect the integration.

8.4 Disconnection

You may disconnect your QuickBooks account from BuilderBase at any time through Settings. Upon disconnection, no new data will be synced, but previously imported data will remain unless you request deletion.

QuickBooks® and Intuit® are trademarks of Intuit Inc. This integration is provided by BuilderBase and is not sponsored, endorsed, or affiliated with Intuit Inc.

8.5 Stripe Payment Processing

BuilderBase offers optional payment processing through Stripe, allowing contractors to accept payments from their clients for invoices, estimates, change orders, and other documents.

Stripe Connect Account

To accept payments through BuilderBase, you must connect a Stripe account. By connecting your Stripe account, you:

• Agree to Stripe's Connected Account Agreement and Terms of Service
• Authorize Stripe to collect your business information, tax identification, and bank account details
• Acknowledge that Stripe, not BuilderBase, is the payment processor

Processing Fees

Payment processing involves the following fees:

• Stripe Processing Fees: Stripe charges processing fees (approximately 2.9% + $0.30 per transaction) which are deducted from your payouts
• Optional Client Fee Pass-Through: You may choose to pass a processing fee (1-10%, configurable in Settings) to your clients. This fee is added to the payment amount and is separate from Stripe's fees

Payouts

Funds from client payments are deposited to your connected Stripe account and paid out to your bank account according to Stripe's standard payout schedule (typically 2-7 business days after payment). BuilderBase does not hold or control your funds - all payments flow directly through Stripe.

Refunds

Refunds are processed through your Stripe Dashboard. You are responsible for determining your own refund policies with your clients. BuilderBase will update payment records to reflect refund status but does not process refunds on your behalf.

Disputes and Chargebacks

You are solely responsible for any payment disputes, chargebacks, or claims from your clients. BuilderBase:

• Is not liable for any chargebacks, disputes, or fraudulent transactions
• Does not mediate disputes between you and your clients
• May provide transaction records to assist with dispute resolution upon request

BuilderBase's Role

BuilderBase acts solely as a technology platform that facilitates payment requests between contractors and clients. We are not a payment processor, money transmitter, or financial institution. All payment processing is performed by Stripe.

8.6 SMS Messaging

BuilderBase offers SMS messaging features powered by Twilio, allowing contractors to send text messages to their clients for project-related communication.

Service Description

Contractors can send SMS messages to contacts and project clients who have provided their phone numbers. Clients can reply to messages, and all communication is logged within BuilderBase for reference.

Consumer Consent

By providing a phone number to a contractor and engaging in SMS communication through BuilderBase, clients consent to receive project-related text messages. Message frequency varies based on project activity and contractor communication needs.

Message and Data Rates

Standard message and data rates may apply. Message frequency varies. Clients are responsible for any charges from their mobile carrier for sending or receiving text messages.

Opting Out

Clients may opt out of receiving SMS messages at any time by replying STOP to any message received through BuilderBase. After opting out, no further messages will be sent to that phone number. Clients may also contact the contractor directly to request removal from SMS communications.

Prohibited Content

Contractors agree not to use BuilderBase SMS messaging to:

• Send unsolicited marketing or spam messages
• Send messages to individuals who have not provided their phone number for business communication
• Send illegal, threatening, harassing, or abusive content
• Violate any applicable laws, including the Telephone Consumer Protection Act (TCPA)

BuilderBase's Role

BuilderBase acts as a technology platform facilitating SMS communication between contractors and their clients. We are not responsible for the content of messages sent by contractors. Contractors are solely responsible for ensuring their SMS communications comply with all applicable laws and regulations, including TCPA and carrier guidelines.

9. Intellectual Property

BuilderBase and its original content, features, and functionality are owned by BuilderBase and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the Services
• Reverse engineer, decompile, or disassemble the Services
• Remove or alter any proprietary notices
• Use our trademarks without permission

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDERBASE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10.3 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

11. Indemnification

You agree to indemnify, defend, and hold harmless BuilderBase and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

• Your access to or use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content

12. Dispute Resolution

12.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at chris@builderbase.co. We will attempt to resolve the dispute informally within 60 days.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which BuilderBase is registered, without regard to its conflict of law provisions.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BuilderBase regarding the Services.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14. Contact Information

If you have any questions about these Terms, please contact us: