Master Services Agreement

1. Definitions

1.1 In this Agreement the following terms have the meanings given:

• (a) "Acceptable Use Policy" or "AUP" means the acceptable use policy published at buildig.ai/aup, as updated in accordance with clause 17.2.
• (b) "Client Data" means all documents, drawings, plans, specifications, schedules, data and other materials that Client or a User submits to the Platform.
• (c) "Confidential Information" has the meaning given in clause 10.1.
• (d) "Data Processing Addendum" or "DPA" means the addendum published at buildig.ai/dpa, which forms part of this Agreement.
• (e) "Documentation" means the platform documentation and methodology notes we publish and update from time to time.
• (f) "Order Confirmation" means the record the Platform generates and makes available in Client's account when Client subscribes, changes a subscription or renews, recording the subscription tier, seat count, fees, term, feature elections and any variation to this Agreement. An Order Confirmation is a system record, not a signed document. An Order Confirmation for a new subscription, or for a change to an existing subscription, takes effect on Client's acceptance of it in the Platform. An Order Confirmation generated on an automatic renewal records the renewed term and does not require fresh acceptance.
• (g) "Output" means the quantities, cost estimates, schedules, reports and other materials the Platform generates from Client Data.
• (h) "Platform" means the Build IG software-as-a-service application, together with its application programming interfaces and the Documentation.
• (i) "Derived Data" has the meaning given in clause 9.4.
• (j) "General Use" has the meaning given in clause 5.2.
• (k) "Owned Content" means Client Data that Client owns, or in respect of which Client holds the right to grant the licence in clause 9.5(c). "Third-Party Content" means all other Client Data, including Client Data that has not been classified under clause 9.5(a).
• (l) "Regulated Purpose" has the meaning given in clause 5.3, and "Regulated Purpose Features" means the Platform features that Build IG makes available for the preparation of Outputs intended for a Regulated Purpose, as identified on the Order Confirmation.
• (m) "Report" means an Output rendered by the Platform in paginated or document form, including a PDF, a printed report and an on-screen report. An Output delivered in machine-readable form, including an API response, data export or spreadsheet, is not a Report.
• (n) "Responsible Professional" means the individual designated by Client under clause 5.5.
• (o) "User" means an individual whom Client authorises to access the Platform under Client's account.

1.2 Order of precedence. Where there is a conflict between documents forming part of this Agreement, they take precedence in the following order, highest first: (a) an Order Confirmation accepted by Client, but only to the extent it expressly identifies the clause of this Agreement it varies; (b) the body of this Agreement; (c) Annexes A to C and Exhibit 1; (d) the DPA; (e) the AUP; and (f) the Terms of Use. The Privacy Policy is not part of this Agreement (clause 17.1) and has no place in this order of precedence. The single exception is that the DPA prevails over every other document on the processing of personal data. That exception applies notwithstanding the following sentence. Save for that exception, no document that Build IG may amend unilaterally under clause 17.2 may vary the body of this Agreement or Annexes A to C.

1.3 Construction. Headings are for convenience only. "Including" means including without limitation. References to a statute include it as amended.

2. The Platform and the Services

2.1 What the Platform does. The Platform is a software tool. It reads construction documents that Client supplies and produces preliminary quantity take-offs, cost estimates, schedules and related reports. It is provided as software-as-a-service. Annex A describes the scope of the Platform and its limitations, and forms part of this Agreement.

2.2 What the Platform does not do. The Platform quantifies what the supplied documents specify. It does not determine what those documents should specify. In particular, and without limiting Annex A, the Platform does not perform structural, geotechnical, mechanical, electrical, plumbing, civil or fire-protection design; does not size, select or validate any structural member, foundation element, protective system or item of equipment; does not determine compliance with any building code, zoning ordinance, standard or regulation; does not prepare construction or permit documents; and does not prepare site safety plans.

2.3 BUILD IG PROVIDES SOFTWARE TOOLS ONLY. BUILD IG IS NOT A LICENSED ENGINEERING, ARCHITECTURAL, SURVEYING, CONTRACTING OR LEGAL SERVICES PROVIDER IN ANY JURISDICTION, DOES NOT HOLD ITSELF OUT AS ONE, AND DOES NOT ACT AS ONE. NO PROFESSIONAL SERVICES RELATIONSHIP OF ANY KIND ARISES BETWEEN BUILD IG AND CLIENT, ANY USER, OR ANY OTHER PERSON BY REASON OF THIS AGREEMENT OR CLIENT'S USE OF THE PLATFORM.

2.4 Nature of Outputs. Outputs are generated algorithmically. They are preliminary, are not certified, are not professional opinions, are not construction-ready and are not suitable for permit submission. They depend on the quality, legibility and completeness of the Client Data supplied, and may contain errors and omissions.

2.5 No human review. Outputs are not reviewed by any Build IG employee or contractor before delivery, and Build IG does not currently offer professional review of any Output.

2.6 Changes to the Platform. We may modify, improve or discontinue features of the Platform. We will give Client at least sixty (60) days' notice before discontinuing, or making a change that materially and adversely reduces the functionality of, a material feature or the Platform as a whole. Clause 7.7 (termination and pro-rata refund) applies to any such notice.

3. Order Confirmations, access and Users

3.1 Access. Subject to this Agreement and payment of the fees, Build IG grants Client a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence, during the subscription term, to access and use the Platform for Client's internal business purposes. Client's rights in Outputs are granted by clause 9.3 and are governed by clauses 5 and 6; they are not licensed under this clause 3.1 and do not end on termination.

3.2 Users. Client may permit Users up to the seat count on the Order Confirmation. Client is responsible for each User's acts and omissions as if they were Client's own, must ensure each User complies with this Agreement and the AUP, and must ensure credentials are kept confidential and are not shared. Client will notify Build IG promptly of any suspected unauthorised access.

3.3 Accurate registration. Client will provide accurate registration and billing information and keep it current, including a valid email address for legal notices under clause 17.7.

4. Client eligibility, authority and responsibilities

4.1 Eligibility and licensing. Client represents and warrants, on each day of the subscription term, that:

• (a) it holds and will maintain every licence, registration, certification and permit required by each jurisdiction in which it operates for the work to which Outputs relate; and where a jurisdiction requires no such licence, that Client is otherwise lawfully entitled to perform that work;
• (b) each User is authorised by Client and is bound by obligations no less protective of Build IG than this Agreement;
• (c) it will comply with all applicable laws, building codes, professional practice acts and licensing rules in connection with its use of the Platform and the Outputs; and
• (d) it is not a consumer and is not acquiring the Platform for personal, family or household purposes.

4.2 Client Data rights. Client represents and warrants that it and its Users have all rights, permissions and consents necessary to submit Client Data to the Platform and to permit Build IG to process it under this Agreement, including in respect of material owned by Client's own customers, employers or other third parties, and that such submission and processing will not breach any confidentiality obligation, intellectual property right, contractual restriction or applicable law. Build IG relies on this representation and has no obligation to verify Client's rights. Where Client classifies Client Data as Owned Content, clause 9.5(d) applies in addition to this clause. Breach of this clause 4.2 is a material breach.

4.3 Professional responsibility is unchanged. Outputs supplement but never replace professional judgement. Client retains full professional and legal responsibility for all project outcomes irrespective of the extent of its use of the Platform. Applicable standards of care are unaffected by this Agreement.

4.4 Jurisdictional compliance. Client is solely responsible for compliance with all building codes, permitting requirements, licensing rules and professional practice acts applicable to its projects. Build IG provides no compliance guidance, verification or assurance.

5. Permitted use; Regulated Purpose; professional validation

5.1 Two tiers of use. This Agreement distinguishes between (a) General Use of Outputs, which is permitted subject to clause 6, and (b) use of Outputs for a Regulated Purpose, which is permitted only where clause 5.4 is satisfied.

5.2 General Use. General Use means any use of an Output that is not a Regulated Purpose — including budgetary and feasibility assessment, internal cost planning, scope comparison, procurement planning and preliminary scheduling. No professional validation is required by this Agreement for General Use, though Client remains responsible for its own professional obligations.

5.3 Regulated Purpose. A Regulated Purpose means any use of an Output:

• (a) in, or in support of, a submission to a building official, permitting authority, planning body or other governmental or regulatory body;
• (b) incorporated into or reproduced within any document bearing, or intended to bear, a professional seal, stamp or certification;
• (c) provided to a lender, surety, insurer, investor or valuer as a basis for underwriting, funding, bonding, valuation or insurance — but not the ordinary provision of a budget or indicative price to such a person for information only;
• (d) provided to any person with an express or implied invitation to rely on it without further verification — but not the ordinary provision of a budget, indicative price or draft scope for information, negotiation or internal approval; or
• (e) for which applicable law requires the involvement, supervision or approval of a licensed professional.

5.4 Validation gate. Client must not use, and must not permit any person to use, an Output for a Regulated Purpose unless, before that use, the Output has been independently reviewed, corrected as necessary and approved by a professional holding a current licence appropriate to that purpose in the project jurisdiction, exercising their own independent judgement. Where the Platform provides a validation workflow, Client will record that approval through it. Annex B sets out the validation requirements in full.

5.5 Responsible Professional. Client using Outputs for a Regulated Purpose must designate, and maintain throughout the subscription term, a Responsible Professional who holds the relevant licence and who supervises that use. Client will record the Responsible Professional's name, licence type, licence number and jurisdiction in the Platform and keep them current.

5.6 No professional seal on unvalidated Output. No Output may be sealed, stamped or certified unless the sealing professional has validated it to the standard in Annex B.2 and has satisfied themselves independently that it meets the applicable standard of care.

5.7 Consequences of breach. Breach of clause 5.4 or 5.5 is a material breach. It relieves Build IG of any obligation it would otherwise have under clause 12.2 in respect of the affected Output, brings the affected use within Client's indemnity at clause 13.1, and entitles Build IG to suspend under clause 15.1.

6. Distribution of Outputs and third-party reliance

6.1 Distribution is permitted, on conditions. Client may provide an Output to a third party provided that, at the time of provision:

• (a) the Output carries, unaltered and legible, the legend required by Annex C in the form applicable to that Output;
• (b) no representation is made that the Output is certified, verified, complete, accurate, code-compliant or professionally validated, except where it has been validated under clause 5.4 and the post-validation legend is used;
• (c) where the recipient may act on the Output, Client informs the recipient in writing that independent professional validation is required before reliance; and
• (d) Client does not remove, obscure or modify any Build IG proprietary notice, watermark or legend.

6.2 No third-party reliance. No person other than Client is an intended user of any Output. No third party — including any contractor, subcontractor, building official, project owner, lender, surety, insurer, valuer or regulatory authority — is entitled to rely on any Output. Where an Output has been validated under clause 5.4 and the validating professional gives a third party written consent to rely on it, that reliance is a matter between that third party and the validating professional. In no case does Build IG owe any duty of care to any person other than Client, and Build IG disclaims all liability arising from any third party's reliance on any Output.

6.3 No third-party beneficiaries. This Agreement confers rights only on Build IG and Client. No other person has any right to enforce any term of it.

6.4 Prohibited distribution. Client must not provide Platform access to any person other than a User, submit an unvalidated Output to a regulatory authority, or represent an Output as a final, certified or sealed deliverable.

6.5 Indemnity trigger. Distribution in breach of this clause 6 is within Client's indemnity at clause 13.1.

7. Fees, term, renewal and cancellation

7.1 Fees. Client will pay the fees stated on the Order Confirmation. Fees are exclusive of taxes, which Client will pay other than taxes on Build IG's income. Monthly plans are billed monthly in advance; annual plans annually in advance.

7.2 Payment. Invoiced amounts are due within thirty (30) days of invoice date unless the Order Confirmation says otherwise. Undisputed overdue amounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by law.

7.3 Automatic renewal. Subscriptions renew automatically for successive periods equal to the then-current term unless cancelled under clause 7.5. An automatic renewal continues this Agreement on the same terms. It is not a new contract and does not require fresh acceptance. Build IG generates an Order Confirmation recording the renewed term and makes it available in Client's account. Notwithstanding clause 17.2, any change to the subscription tier, seat count or feature elections, and any fee change other than one notified under clause 7.4, takes effect only on Client's acceptance of an Order Confirmation recording it.

7.4 Renewal reminders. For any subscription with a term of twelve (12) months or more, Build IG will send Client a renewal reminder by email between forty (40) and twenty-five (25) days before each automatic renewal. For subscriptions with a shorter term, Build IG will send that reminder at least seven (7) days before each automatic renewal. Each reminder states the renewal date, the amount to be charged, and how to cancel. Where a price increase will take effect on renewal, the reminder states the new price and Client may cancel before it takes effect.

7.5 Cancellation. Client may cancel at any time, without charge and without contacting a representative, using the "Cancel Subscription" control in the account dashboard, which is available continuously and requires no more steps than sign-up. Client may alternatively cancel by emailing support@buildig.ai. Build IG will confirm cancellation and its effective date immediately by email.

7.6 Effect of cancellation. Cancellation takes effect at the end of the period for which Client has already paid. Access continues until then. No further charges are made. Fees already paid are non-refundable except under clauses 7.7, 12.2, 13.2, 15.4 or 17.8, under clause 6.3 of the DPA, or where a refund is required by law.

7.7 Refund on adverse change. Where Build IG makes a change under clause 17.2 that is materially adverse to Client, or discontinues a material feature under clause 2.6, Client may terminate within thirty (30) days of notice and receive a pro-rata refund of prepaid fees for the unused remainder of the term. This clause 7.7 prevails over clause 7.6.

7.8 Records. Build IG maintains records of every version of the terms accepted by Client, or made applicable to Client under clause 17.2, together with the date and time of acceptance or of the notice given, and, where applicable, the account and user that accepted them, and will provide a copy on request. See clause 17.10.

8. Insurance

8.1 General requirement. Client will maintain insurance appropriate to its business and to the work to which Outputs relate, in the types and amounts customary in its industry and required by applicable law and by its own contracts.

8.2 Regulated Purpose requirement. Where Client uses Outputs for a Regulated Purpose, Client will additionally maintain, throughout the subscription term and for two years afterwards:

8.3 Certificates. Client will provide a certificate of insurance evidencing clause 8.2 cover on Build IG's written request, and will not allow that cover to lapse. Build IG may suspend access to Regulated Purpose features if a requested certificate is not provided within twenty (20) business days.

8.4 AI disclosure. Client is responsible for notifying its own insurers of its use of AI-assisted tools where its policies require it. Build IG makes no representation that any policy responds to AI-assisted work.

8.5 Build IG cover. Build IG will maintain technology errors and omissions and cyber liability insurance appropriate to its business, and will provide evidence of cover on reasonable request.

9. Intellectual property; Client Data; Outputs; model development

9.1 Build IG IP. All rights in the Platform, its software, models, algorithms, training data, Documentation and all improvements to them are and remain Build IG's exclusive property. Client receives only the licence in clause 3.1. All rights not expressly granted are reserved.

9.2 Client Data. Client retains all right, title and interest in Client Data. Client grants Build IG a non-exclusive, worldwide, royalty-free licence to host, copy, process, display and transmit Client Data solely to provide the Platform to Client, to provide support, to create Derived Data in accordance with clause 9.4, to use it as permitted by clause 9.5, and to comply with law. This licence ends when the Client Data is deleted under clause 9.9.

9.3 Outputs. As between the parties, and conditional on payment of the applicable fees, Build IG assigns to Client all right, title and interest it may have in the Outputs generated from Client's Client Data, and to the extent any such right cannot be assigned, grants Client a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, reproduce, modify and distribute those Outputs, in each case subject to clauses 5 and 6. Client acknowledges that Outputs are generated algorithmically, that copyright may not subsist in them, and that Build IG makes no representation that any intellectual property right subsists in any Output. Client grants Build IG a perpetual, irrevocable, worldwide, royalty-free licence to use, reproduce, modify and create derivative works from Outputs, and from any correction, annotation, edit or rating that Client or a User applies to an Output, for the purposes of operating, testing, developing and improving the Platform and Build IG's machine learning models. That licence is subject to the following limits, which survive termination:

• (i) Build IG will not use any personal data for model training or model development, whether contained in or associated with Client Data, an Output, a correction, annotation, edit, rating or any related metadata, and will not use for model training any part of an Output that reproduces expressive content from Client Data classified as Third-Party Content;
• (ii) Build IG will not disclose any Output to a third party in a form that identifies Client, any User, any natural person or any project; and
• (iii) Build IG may sublicense this licence only to a subprocessor that is bound by confidentiality obligations no less protective than clause 10 and by the limits in this clause, and any such sublicence terminates on termination of this Agreement.

Subject to those limits, this licence survives termination and is not affected by an election under clause 9.6(a).

9.4 Derived Data. "Derived Data" means data derived from Client Data which (i) does not identify Client, any User, any natural person or any project, (ii) does not permit reconstruction of any Client Data, and (iii) contains no text, image or other expressive content taken from Client Data. Derived Data includes building type and class, areas, quantities, assembly, material and system categories, unit rates, cost and schedule bands and outcomes, geographic locality at no finer than county or metropolitan-area level, time period at no finer than calendar month, and model performance and error signals, in each case only to the extent the item satisfies (i) to (iii) above. Derived Data does not include any Output, which is dealt with in clause 9.3, and does not include any personal data. Build IG owns all Derived Data and may use it to operate, develop, evaluate and improve the Platform and its machine learning models, and to publish aggregated market information. Build IG will apply generalisation and minimum-population controls, including suppression of any record whose generalised characteristics are shared by fewer than ten other records, so that no Derived Data record can be attributed to an identifiable project or person. Build IG will not disclose Derived Data in any form that identifies Client, any User, any natural person or any project, and will not disclose Client's individual pricing.

9.5 Model training on Client Data.

• (a) Client classifies each item of Client Data, at or before upload, as either Owned Content or Third-Party Content. Client Data that has not been classified is treated as Third-Party Content, and Client Data submitted before Client accepted version 2.1 of this Agreement is treated as Third-Party Content unless and until Client classifies it.
• (b) Build IG will not use Third-Party Content to train, fine-tune or otherwise develop any machine learning model.
• (c) For Owned Content, and subject to clause 9.6, Client grants Build IG a worldwide, royalty-free licence to use that Owned Content to train, fine-tune, evaluate and otherwise develop and improve machine learning models. Build IG may sublicense that licence only to a subprocessor bound by confidentiality obligations no less protective than clause 10, and any such sublicence terminates automatically on withdrawal under clause 9.6(a) or on termination of this Agreement. Where an Order Confirmation records model training on Owned Content as Off, that election varies this paragraph (c) for that Client, and Build IG will not use any Client Data under it unless Client subsequently accepts an Order Confirmation that records the election as On. An election in the account dashboard cannot override an Order Confirmation election.
• (d) Client represents and warrants that each item it classifies as Owned Content is material Client owns or is otherwise entitled to license for that purpose, and that granting the licence in paragraph (c) breaches no confidentiality obligation, intellectual property right, licence term or contractual restriction owed to any person. Where Client is uncertain, it must classify the material as Third-Party Content.
• (e) Where Build IG's systems identify that an item was authored by a person other than Client, that item defaults to Third-Party Content and may be reclassified only by Client's affirmative election recording the basis for it.
• (f) Nothing in this clause 9.5 permits Build IG to disclose Client Data to any third party, or to use Client Data for any purpose other than those stated in clauses 9.2 to 9.5.
• (g) Client may reclassify any item at any time. Reclassification to Third-Party Content takes effect for future training runs in the same way as an election under clause 9.6(a).
• (h) Where Build IG reclassifies an item under paragraph (e), it will notify Client and record the basis, and Client may contest the reclassification.

9.6 Opt-out, exclusions and irreversibility.

• (a) Opt-out. Client may withdraw the licence in clause 9.5(c) at any time through its account dashboard or by emailing privacy@buildig.ai. Withdrawal takes effect within twenty-four (24) hours and applies from that time to all of Client's Client Data, whenever submitted. Build IG will confirm the withdrawal by email. Withdrawal is enforced when a training corpus is assembled; it does not require Build IG to halt a training run already in progress.
• (b) Exclusions. Build IG will not use for model training: Third-Party Content, including unclassified Client Data; Client Data of an account that has withdrawn under paragraph (a); any personal data contained in Client Data; or any Client Data submitted before Client accepted version 2.1 of this Agreement and not since classified as Owned Content. This list is not exhaustive of the limits on Build IG's use of Client Data.
• (c) Personal data. Build IG will not use personal data as training data to train, fine-tune or otherwise develop any model, and no personal data will be retained in, or be derivable from, any model. This prohibition is absolute and is not subject to any election, consent or opt-in. Processing that transiently reads personal data in order to test or measure the accuracy of the Platform, and that neither uses it as training data nor retains it beyond the test run, is operation of the Platform and is not model training. See clause 3.4 of the DPA.
• (d) Irreversibility. Client acknowledges that a machine learning model, once trained, cannot be untrained. Withdrawal under paragraph (a), and any deletion under clause 9.9, apply to future training runs only and do not require Build IG to retrain, modify or withdraw any model already trained. Build IG will remove the affected Client Data from its training corpora and exclude it from all subsequent training runs.
• (e) Memorisation. Build IG implements and maintains measures designed to prevent its models reproducing recognisable expressive content from Client Data in any Output, and will test each model trained on Client Data for that behaviour before releasing it.
• (f) Records. Build IG maintains a record, for each item of Client Data used in training, of its classification, the basis for that classification, the version of this Agreement accepted by Client and the date of acceptance. That record contains metadata only and no Client Data. Build IG retains it for the operational life of the relevant model plus six (6) years and will make Client's own entries available to Client on request. Clause 9.9 does not require its deletion.

9.7 Restrictions. Client must not, and must not permit any person to: reverse engineer, decompile or attempt to derive the source code, models or model weights of the Platform; use the Platform to build or improve a competing product or service; use the Platform to train any machine learning model; access the Platform by automated means except through a Build IG-provided API in accordance with the Documentation; benchmark or publish performance results without Build IG's prior written consent; remove or obscure any proprietary notice, watermark or legend; or use the Platform in breach of the AUP.

9.8 Feedback. If Client provides suggestions or feedback about the Platform, Build IG may use them without restriction or obligation. This does not grant Build IG any right in Client Data or Outputs.

9.9 Export and deletion on exit. For sixty (60) days after termination or expiry, Client may export Client Data and Outputs through the Platform in a machine-readable format. After that period, Build IG will delete Client Data and Outputs within a further thirty (30) days, except where retention is required by law or where data is held in routine backups, which are put beyond ordinary use on deletion from active systems and overwritten on Build IG's normal backup cycle, not exceeding a further ninety (90) days. Build IG will certify deletion in writing on request. Personal data is dealt with under the DPA.

9.10 Publicity. Build IG may identify Client as a customer and use Client's name and logo on its website and in sales materials, unless Client notifies Build IG at legal@buildig.ai that it does not consent, in which case Build IG will cease that use within thirty (30) days.

10. Confidentiality

10.1 Definition. "Confidential Information" means information disclosed by one party (the "Discloser") to the other (the "Recipient") that is identified as confidential or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure. Client Data and Outputs are Client's Confidential Information. The Platform, the Documentation, model architecture and non-public pricing are Build IG's Confidential Information.

10.2 Exclusions. Confidential Information does not include information that: (a) is or becomes public through no breach by the Recipient; (b) was rightfully known to the Recipient without a confidentiality obligation before disclosure; (c) is rightfully received from a third party without a confidentiality obligation; or (d) is independently developed by the Recipient without use of or reference to the Discloser's Confidential Information.

10.3 Obligations. The Recipient will: use the Discloser's Confidential Information only to perform this Agreement and, in Build IG's case, as expressly permitted by clauses 9.3 to 9.6; protect it with at least the care it uses for its own confidential information and in no event less than reasonable care; and disclose it only to its employees, contractors and professional advisers who need it and who are bound by confidentiality obligations at least as protective as this clause 10. The Recipient is responsible for their compliance.

10.4 Compelled disclosure. The Recipient may disclose Confidential Information where required by law or by a court or regulator, provided it gives the Discloser prompt written notice where lawfully able, reasonably cooperates with any effort to limit or resist disclosure, and discloses only what is required.

10.5 Duration. These obligations continue for five (5) years after termination or expiry of this Agreement, and indefinitely in respect of any information that constitutes a trade secret for so long as it remains a trade secret under applicable law.

10.6 Return or destruction. On the Discloser's written request following termination, the Recipient will return or destroy the Discloser's Confidential Information, save for copies held in routine backups or required to be retained by law, which remain subject to this clause 10.

10.7 Equitable relief. Damages may be an inadequate remedy for breach of this clause 10, and each party may seek injunctive relief without posting bond, in addition to any other remedy.

11. Data protection and security

11.1 DPA. The DPA governs Build IG's processing of personal data on Client's behalf and forms part of this Agreement. Where Build IG determines the purposes and means of processing — for example in respect of account, billing and marketing data — the Privacy Policy at buildig.ai/privacy describes that processing. That policy is a notice and is not part of this Agreement; see clause 17.1.

11.2 Security. Build IG will implement and maintain appropriate technical and organisational measures designed to protect Client Data against unauthorised access, loss, alteration and disclosure, including encryption in transit and at rest, role-based access control, logging, and regular security testing. A current description is available on request.

11.3 Incident notification. Build IG will notify Client without undue delay, and in any event within forty-eight (48) hours of becoming aware, of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Client Data, and will provide the information Client reasonably requires to meet its own notification obligations. Where personal data is affected, the DPA also applies.

11.4 Location. Client consents to processing in the United States and in other jurisdictions where Build IG or its subprocessors maintain facilities, subject to the transfer safeguards in the DPA.

12. Warranties and disclaimers

12.1 Mutual. Each party warrants that it has the power and authority to enter into this Agreement and that doing so does not breach any other agreement binding on it.

12.2 Build IG warranty. Build IG warrants that it will provide the Platform with reasonable skill and care and substantially in accordance with the Documentation. Client's exclusive remedy, and Build IG's entire liability, for breach of this warranty is for Build IG to use commercially reasonable efforts to correct the non-conformity or, if it cannot do so within thirty (30) days of written notice, to terminate the affected subscription and refund prepaid fees for the unused remainder of the term.

12.3 EXCEPT AS EXPRESSLY STATED IN CLAUSE 12.2, THE PLATFORM, THE DOCUMENTATION AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILD IG DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS AND TERMS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, OR ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

12.4 BUILD IG GIVES NO WARRANTY THAT ANY OUTPUT IS ACCURATE, COMPLETE, CURRENT, SUITABLE FOR ANY PURPOSE, OR COMPLIANT WITH ANY CODE, STANDARD OR REGULATION; THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; OR THAT DEFECTS WILL BE CORRECTED. CLIENT IS SOLELY RESPONSIBLE FOR EVALUATING THE FITNESS OF ANY OUTPUT FOR ITS INTENDED USE.

12.5 Client acknowledgement. Client acknowledges that it has read Annex A, understands the limitations of AI-generated output, and is not relying on any representation not expressly set out in this Agreement.

13. Indemnification

13.1 By Client. Client will defend Build IG and its officers, directors, employees and agents against any third-party claim arising from: (a) Client's or a User's breach of clauses 4, 5, 6, 9.5 or 9.7; (b) Client Data, including any claim that Client Data infringes or misappropriates a third party's rights or was submitted without authority; (c) any claim by a person identified or described in an Output, including a professional whose work is referenced in it; (d) reliance by any third party on an Output; (e) Client's professional services, negligence or errors; or (f) any claim by Client's own customers, contractors or project stakeholders arising from Client's use of the Platform or of an Output; and will indemnify Build IG against damages, costs and reasonable legal fees finally awarded or agreed in settlement. This indemnity does not apply to the extent a claim results from Build IG's breach of this Agreement, gross negligence or wilful misconduct, or from a matter for which Build IG is responsible under clause 13.2.

13.2 By Build IG. Build IG will defend Client against any third-party claim that the Platform, as provided by Build IG and used in accordance with this Agreement, infringes that third party's patent, copyright, trademark or trade secret rights, including where the alleged infringement arises from an Output generated by the Platform, and will indemnify Client against damages, costs and reasonable legal fees finally awarded or agreed in settlement. If such a claim is made or is likely, Build IG may procure the right for Client to continue using the Platform, modify or replace it so that it is non-infringing, or terminate the affected subscription and refund prepaid fees for the unused remainder of the term.

13.3 Exclusions from clause 13.2. Build IG has no obligation under clause 13.2 to the extent a claim arises from Client Data — except that clause 13.2 does apply to a claim arising from Build IG's use of Owned Content for model training under clause 9.5(c), unless the claim results from Client's breach of clause 9.5(d) — or from Client's use of an Output in breach of clause 5 or 6; from combination of the Platform with anything not supplied by Build IG; from modification of the Platform by anyone other than Build IG; or from Client's continued use after being notified to stop.

13.4 Procedure. The indemnified party will notify the indemnifying party promptly in writing, give it control of the defence and settlement, and provide reasonable cooperation at the indemnifying party's expense. Failure to notify promptly relieves the indemnifying party only to the extent it is prejudiced. The indemnified party may participate at its own cost. No settlement imposing a non-monetary obligation or admission on the indemnified party may be made without its written consent, not to be unreasonably withheld.

13.5 Exclusive remedy. Clause 13.2 states Build IG's entire liability and Client's exclusive remedy for any claim of intellectual property infringement.

14. Limitation of liability

14.1 THE EXCLUSIONS AND LIMITATIONS IN THIS CLAUSE 14 APPLY TO ALL CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER THEORY, AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES EXPRESSLY INTEND THAT THESE PROVISIONS RELEASE BUILD IG FROM THE CONSEQUENCES OF ITS OWN NEGLIGENCE. THE PARTIES AGREE THAT THESE PROVISIONS ARE A REASONABLE ALLOCATION OF RISK AND ARE REFLECTED IN THE FEES.

14.2 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, LOSS OF DATA, OR COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED, EVEN IF ADVISED OF THE POSSIBILITY.

14.3 Cap. Subject to clause 14.5, each party's total aggregate liability arising out of or relating to this Agreement is limited to the greater of (a) US$50,000 and (b) the fees paid or payable by Client under this Agreement in the twelve (12) months preceding the first event giving rise to liability, and in any event not exceeding US$500,000.

14.4 Specific exclusions. Without limiting clause 14.2 and subject to clause 14.5, Build IG is not liable for: professional decisions and engineering judgements made by Client or any other person; design adequacy or construction outcomes; project delays or cost overruns; the outcome of any permitting or regulatory process; or claims made by third parties against Client. Nothing in this clause 14.4 excludes Build IG's liability for breach of clause 12.2.

14.5 Exclusions from this clause 14. Nothing in this clause 14 excludes or limits: (a) Client's obligation to pay fees; (b) Client's indemnity obligations under clause 13.1, and Build IG's indemnity obligations under clause 13.2 (which are subject to clause 14.6); (c) either party's breach of clause 10 (confidentiality), subject to clause 14.6; (d) Client's breach of clause 9.7 or infringement of Build IG's intellectual property; (e) either party's gross negligence, wilful misconduct or fraud; or (f) any liability that cannot be excluded or limited by applicable law, including liability for death or personal injury caused by negligence.

14.6 Enhanced caps. Notwithstanding clause 14.5, and except in the case of a party's wilful misconduct, each of the following is limited to the greater of (i) US$1,000,000 and (ii) three times the fees paid or payable by Client in the twelve (12) months preceding the first event giving rise to liability: (a) each party's aggregate liability for breach of clause 10 and for any incident affecting the security of Client Data; and (b) Build IG's aggregate liability under clause 13.2.

14.7 Limitations period. Any claim arising out of or relating to this Agreement must be brought within two (2) years after the cause of action accrues, or it is permanently barred, except where a longer period is required by law. This period is tolled while the parties are engaged in the notice and negotiation process under clause 16.2.

14.8 Risk allocation. Client assumes sole responsibility for all professional decisions and engineering judgements, construction outcomes and regulatory compliance, project and site safety, and the management of third-party expectations and claims.

15. Suspension and termination

15.1 Suspension. Build IG may suspend Client's or a User's access, in whole or in part, where: (a) fees remain unpaid ten (10) days after written notice; (b) Build IG reasonably believes the Platform is being used in breach of clause 5.4, 5.5 or 9.7 or the AUP; (c) suspension is necessary to protect the security or integrity of the Platform or other customers; (d) clause 17.9A applies; or (e) required by law. Build IG will give as much notice as is reasonably practicable and will restore access promptly once the cause is resolved. Suspension does not relieve Client of the obligation to pay fees, except where the suspension was without proper cause.

15.2 Termination for cause. Either party may terminate this Agreement on written notice if the other materially breaches it and fails to cure within thirty (30) days of written notice describing the breach, or immediately if the breach is incapable of cure. Build IG may terminate immediately on notice for breach of clause 4.1, 4.2, 5.4, 5.5, 6.4, 9.7 or 17.9, or of the AUP, and for material or repeated breach of clause 9.5(d).

15.3 Termination for insolvency. Either party may terminate immediately if the other becomes insolvent, has a receiver or administrator appointed, makes an assignment for the benefit of creditors, or is subject to bankruptcy or winding-up proceedings not dismissed within sixty (60) days.

15.4 Effect. On termination or expiry, all licences granted under clause 3.1 end and Client will stop accessing the Platform. Clause 9.9 governs export and deletion. Termination does not affect accrued rights. Where Client terminates under clause 15.2 for Build IG's breach, Build IG will refund prepaid fees for the unused remainder of the term.

15.5 Survival. The following survive termination or expiry: clauses 1, 2.3, 2.4, 3.2 (in respect of acts before termination), 4.2, 4.3, 5.4, 5.5, 5.6 and 5.7 (in respect of any Output retained or exported by Client), 6 in its entirety, 7 (in respect of accrued amounts and any refund due), 8 (in respect of the two-year tail in clause 8.2), 9.1, 9.2 (until deletion under clause 9.9), 9.3, 9.4, 9.5, 9.6, 9.7, 9.8, 9.9 and 9.10, 10, 11.3, 12.3, 12.4, 12.5, 13, 14, 15.4, 15.5, 16 and 17, together with Annexes A, B and C to the extent they support any surviving clause, and any other provision that by its nature is intended to survive.

16. Dispute resolution

16.1 Governing law. This Agreement is governed by the laws of the State of Texas, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Notice and negotiation. Before commencing arbitration, the complaining party will send the other a written notice describing the dispute and the relief sought, to the addresses in clause 17.7. The parties will attempt in good faith to resolve the dispute for thirty (30) days after that notice. The limitations period in clause 14.7 is tolled from the date that notice is sent until 30 days after that period ends. This clause does not apply to a request for injunctive relief under clause 16.7.

16.3 Binding arbitration. This clause 16 evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. §§1 et seq., which governs the interpretation and enforcement of this arbitration agreement notwithstanding clause 16.1. Except as stated in clauses 16.5 and 16.7, any dispute arising out of or relating to this Agreement will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, before one (1) arbitrator, seated in Austin, Texas, conducted in English. Judgment on the award may be entered in any court of competent jurisdiction. The arbitration and the award are confidential. Each party bears its own legal fees; filing and arbitrator fees are shared equally unless the arbitrator apportions them otherwise.

16.4 Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this clause 16, including whether a dispute is arbitrable — except that a court has exclusive authority to decide the enforceability of clause 16.5.

16.5 Class action waiver. Disputes must be brought in an individual capacity only. Neither party may bring or participate in any class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this clause 16.5 is held unenforceable as to a particular claim or request for relief, then that claim or request — and only that claim or request — shall be severed from the arbitration and brought in a court of competent jurisdiction in Travis County, Texas, and the remainder of clause 16 continues to apply to all other claims.

16.6 Coordinated filings. Where twenty-five (25) or more demands for arbitration raising substantially similar claims are filed by or against a party by or with the assistance of the same counsel or coordinated entity, the parties will cooperate to have them administered in batches of no more than fifty (50), each batch heard by a single arbitrator, with the limitations period tolled for demands not in the current batch.

16.7 Carve-outs. Either party may (a) bring an individual claim in a small claims court of competent jurisdiction, and (b) seek interim or permanent injunctive or other equitable relief in the state or federal courts located in Travis County, Texas, to protect its intellectual property or Confidential Information, and each party submits to the exclusive jurisdiction of those courts for that purpose and for any proceeding under clause 16.5.

16.8 EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING PERMITTED TO BE BROUGHT IN COURT UNDER THIS AGREEMENT.

17. General provisions

17.1 Entire agreement. This Agreement, together with each Order Confirmation accepted by Client, Annexes A to C, Exhibit 1, the DPA, the AUP and the Terms of Use, is the entire agreement between the parties on its subject matter and supersedes all prior agreements, proposals and representations. The Privacy Policy is a notice describing how Build IG processes personal information. It is not part of this Agreement; Build IG's contractual obligations in respect of personal information are in the DPA. Any purchase order or vendor portal terms submitted by Client have no effect.

17.2 Changes. Build IG may update the Terms of Use, the AUP and the DPA, and may make changes to this Agreement that do not materially reduce Client's rights or materially increase Client's obligations, by publishing the updated document and giving Client at least thirty (30) days' notice by email or in-product before it takes effect. Any change applies prospectively only, and does not apply to any dispute of which Build IG has notice at the date of the change, or to any dispute arising from events occurring before the change takes effect. Material changes to this Agreement otherwise take effect only on Client's affirmative electronic acceptance in the Platform, or by another written agreement between the parties. This clause does not apply to changes to the Privacy Policy, which is not part of this Agreement and is changed under clause 13 of that policy, or to fee changes taking effect on renewal, which are governed by clauses 7.3 and 7.4. Where Client reasonably considers a change to be materially adverse to it, clause 7.7 applies and Client may terminate and take the pro-rata refund.

17.3 Assignment. Neither party may assign this Agreement without the other's written consent, except that either party may assign it in whole to a successor in connection with a merger, acquisition or sale of substantially all its assets — provided that neither party may assign to a competitor of the other without that other party's written consent, and where consent is withheld on that ground the party whose assignment is blocked may terminate on 30 days' notice with a pro-rata refund of prepaid fees. Any purported assignment in breach of this clause is void. This Agreement binds the parties' permitted successors and assigns.

17.4 Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, fiduciary or employment relationship.

17.5 Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be, severed; the remainder continues in full force. This clause does not apply to clause 16.5, which is governed by its own terms.

17.6 No waiver. No failure or delay in exercising a right waives it. A waiver is effective only if in writing and given by an authorised representative of the waiving party, and applies only to the instance specified. Remedies are cumulative.

17.7 Notices. Legal notices must be in writing and sent to Build IG at legal@buildig.ai with a copy to Build Intelligence Group, LLC, 5900 Balcones Drive, Suite 100, Austin, TX 78731, and to Client at the email address on its account. A notice is deemed received: if by email, on the business day after transmission provided no delivery failure is received; if by courier, on confirmed delivery. Each party must keep its notice address current; a notice sent to the last address notified is effective.

17.8 Force majeure. Neither party is liable for any delay or failure to perform caused by an event beyond its reasonable control, including act of God, natural disaster, epidemic, war, terrorism, civil unrest, labour dispute, governmental action, or failure of the internet or a third-party hosting or telecommunications provider. This clause does not excuse any obligation to pay. If such an event continues for more than sixty (60) days, either party may terminate the affected services on written notice. Where the event prevented Build IG from providing the Platform, Build IG will refund prepaid fees for the period during which the Platform was unavailable and for the unused remainder of the term.

17.9 Export and sanctions. Client represents and warrants, on the date it accepts this Agreement and on each day of the subscription term, that neither Client, nor any User, nor any person holding a controlling interest in Client, is located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive United States sanctions, and that none of them is identified on any United States restricted-party list, including the Specially Designated Nationals and Blocked Persons List, or on any equivalent list maintained by the United Kingdom, the European Union or the United Nations. Client will not export, re-export or make the Platform available in breach of applicable export control or sanctions laws.

17.9A Screening. Build IG may screen Client, its Users and its controlling owners against those lists and against jurisdictional restrictions at registration, on each renewal and at any time during the term, and Client will provide the information Build IG reasonably requests for that purpose. Where screening returns a match, or where Build IG reasonably believes a representation in clause 17.9 is or has become untrue, Build IG may suspend access immediately and without notice and may terminate this Agreement immediately on notice, in each case without liability to Client and without refund. Build IG may decline or reverse a registration on the same grounds. This clause is in addition to clauses 15.1 and 15.2.

17.10 Acceptance and records. This Agreement, each Order Confirmation that requires acceptance under clause 1.1(f) or clause 7.3, and each updated version of this Agreement that requires Client's acceptance under clause 17.2, are accepted electronically in the Platform and are not signed. An updated version that takes effect by notice under clause 17.2 does not require further acceptance. Electronic acceptance has the same legal effect as a signature under the Electronic Signatures in Global and National Commerce Act and the Texas Uniform Electronic Transactions Act, and each party consents to transacting electronically. Build IG maintains a record of every version of this Agreement accepted by Client, or made applicable to Client by notice under clause 17.2, together with the date and time of acceptance or of the notice, and, where applicable, the account and user that accepted it, and will provide a copy on request. Neither party may dispute the validity of this Agreement, an Order Confirmation or an update on the ground that it was not signed.

17.11 Anti-corruption. Each party will comply with applicable anti-bribery and anti-corruption laws, including the US Foreign Corrupt Practices Act.

17.12 Language. This Agreement is in English, which governs its interpretation.

17.13 Mandatory local law. Build IG makes the Platform available to business customers in multiple countries. Where the law of a jurisdiction whose mandatory rules apply to Client gives Client rights or remedies that cannot lawfully be excluded or restricted by agreement, this Agreement applies subject to those rights and remedies, and the affected provision continues to apply to the fullest extent the law permits. This clause does not extend those rights to any other Client, and does not affect clause 16 except to the extent that clause is unenforceable under such mandatory rules.

Annex A — Platform scope and AI limitations

A.1 What the Platform does

• Reads construction documents supplied by Client and extracts dimensions, counts and specified items.
• Produces preliminary quantity take-offs based on what those documents specify.
• Applies unit rates to produce preliminary cost estimates and ranges.
• Produces indicative schedules, phase sequencing and procurement lead-time views.
• Reports gaps, ambiguities and missing documents in the supplied set, factually and without attribution of fault.

A.2 What the Platform does not do The Platform quantifies what the supplied documents specify. It does not determine what those documents should specify. Without limitation, the Platform does not, and Outputs do not constitute:

• Structural design — sizing, selecting, validating or recommending any beam, header, joist, truss, column, connection, anchor, shear assembly or their spans, spacings or capacities.
• Geotechnical or foundation determination — assuming or adopting any soil bearing capacity, frost depth, water table or soil class; sizing or validating any footing, foundation wall, slab, pier or retaining element.
• Mechanical, electrical or plumbing design — load calculations, equipment capacity or tonnage, service ampacity, conductor or circuit sizing, duct or pipe sizing, fixture units or ventilation rates.
• Temporary works design — shoring, bracing, needling, underpinning sequence, formwork, falsework, excavation protective systems or crane and lifting plans.
• Fire protection or life-safety design — sprinkler layout or density, alarm design, egress analysis, compartmentation or firestopping design.
• Code, zoning or regulatory determination — any conclusion that anything complies with, conforms to, meets, satisfies or passes any code, ordinance, standard or regulation, or that any permit or approval will be granted.
• Site safety planning — hazard analysis, protective system selection, fall protection, personal protective equipment specification or emergency procedures. Site safety planning is the employer's responsibility and must be performed by a competent person.
• Legal drafting — contract terms, payment or retainage mechanics, change order procedures, insurance requirements, warranties, indemnities or governing law provisions.
• Professional evaluation of third parties — any assessment, score or grade of the quality, completeness or competence of work prepared by a named architect, engineer, surveyor or other professional.

A.3 Accuracy and completeness

• No warranty is given that any Output is accurate, complete or suitable for any purpose.
• Outputs depend entirely on the quality, legibility and completeness of the documents supplied.
• Where a document referenced in a drawing index is not supplied, the affected scope is excluded rather than estimated.
• Unit rates reflect market data that changes over time and vary by locality, procurement route and market conditions.
• Any input-completeness indicator the Platform displays measures how much of the required information was present in the supplied documents. It is not a measure of the accuracy of the Output and does not indicate how closely an estimate will match actual cost.

A.4 How Build IG uses data from your jobs

• Outputs and corrections — the Platform's own results, and any correction a User makes to them — are used to improve the Platform and its models. Clause 9.3.
• Derived Data — de-identified, generalised facts about a job, with no expressive content from the drawings — is owned by Build IG and used to improve cost and quantity modelling. Clause 9.4.
• Drawings and other Client Data are used for model training only where Client has classified them as Owned Content. Material identified as authored by a third party is excluded by default. Clause 9.5.
• Personal data is never used for model training. Clause 9.6(c) and DPA clause 3.4.
• Build IG publishes a summary of the data used to train its models at buildig.ai/training-data.

A.5 Intended and excluded uses

Annex B — Regulated Purpose and professional validation

B.1 When validation is required Validation under clause 5.4 is required before any use of an Output for a Regulated Purpose as defined in clause 5.3. It is not required for General Use.

B.2 What validation requires The validating professional must:

• (a) hold a current licence appropriate to the purpose in the jurisdiction where the Output will be used;
• (b) be in responsible charge of the work — that is, exercise control over the inputs and assumptions, understand the limitations of the Platform, review the Output in the same manner and to the same standard as work prepared by a person under their supervision, and be able to answer questions about the decisions reflected in it;
• (c) correct or reject anything that does not meet the applicable standard of care; and
• (d) accept professional responsibility for the validated Output.

A cursory or confirmatory review does not satisfy this Annex.

B.3 Recording validation Client will record, through the Platform where a workflow is provided, and otherwise in its own records: the identity, licence type, licence number and jurisdiction of the validating professional; the date of review; the version of the Output reviewed; and any corrections made. Client will retain that record for no less than the period during which a claim relating to the project could be brought.

B.4 Responsible Professional Where Client uses Outputs for a Regulated Purpose, the Responsible Professional designated under clause 5.5 supervises that use. Client will update the designation within ten (10) business days of any change and will re-confirm the designation in the Platform within thirty (30) days after each automatic renewal. Build IG will prompt Client to do so with the renewal reminder under clause 7.4.

B.5 Build IG's role Build IG does not perform, procure, supervise or verify validation, does not review any Output, and gives no assurance that validation has occurred. Any workflow, prompt or record-keeping feature the Platform provides is an administrative convenience for Client's own records.

Annex C — Output legends and distribution conditions

C.1 The pre-validation legend Every Output that has not been validated under clause 5.4 carries the following legend, which Client must not remove, obscure or alter:

Pre-validation legend. Intended user. This report was prepared for [Client]. It may be provided to others for information, but no person other than [Client] is an intended user, and no other person is authorised to rely on it for any purpose. Scope and accuracy. This report is a machine-generated preliminary estimate derived from documents supplied by [Client] and from the stated assumptions. It has not been independently validated by a licensed professional. It is not an engineering or architectural opinion, is not a determination of code or zoning compliance, is not a construction or permit document, and must be reviewed and approved by a qualified professional licensed in the project jurisdiction before any use or reliance.

C.2 The post-validation legend Where an Output has been validated under clause 5.4 and the validation recorded under Annex B.3, the following legend applies instead:

Post-validation legend. Intended user. This report was prepared for [Client]. The estimates in it were reviewed and approved on [date] by [name], [licence type and number], [jurisdiction]. No person other than [Client] is an intended user, and no other person is authorised to rely on this report without that professional's written consent. Scope. Machine-generated quantities and pricing, reviewed by the named professional. Not a construction or permit document. Not a determination of code or zoning compliance.

C.3 Placement Build IG will apply the applicable legend to every Output the Platform generates. Client must not remove, obscure or alter it. How it is applied depends on the form of the Output:

• Reports — the legend appears in the body text area of every page, at 9pt or larger.
• Machine-readable Outputs — including API responses, data exports and spreadsheets — carry the legend text in a dedicated field, header or leading rows of the Output rather than on a page. For spreadsheet and delimited exports the legend appears in the first rows of the first sheet, above the data.
• In a Report, the intended-user sentence is repeated adjacent to any headline cost figure.
• Every Output also carries a document control block — in a Report as a page, in a machine-readable Output as a metadata object — identifying the preparer, date, version and the input documents relied on, and is marked "Preliminary — not for construction — not for permit".

C.4 Conditions on distribution Distribution to a third party is permitted on the conditions in clause 6.1. In addition, Client must not represent that Build IG has reviewed, approved, certified or endorsed any Output, or that Build IG bears any responsibility for it.

Exhibit 1 — Order Confirmation (fields recorded)

The Order Confirmation is the record the Platform generates when Client subscribes, changes a subscription or renews. It is not a signed document. An Order Confirmation for a new subscription or for a change to a subscription is presented to Client in the Platform and accepted electronically before it takes effect. An Order Confirmation generated on an automatic renewal is made available in Client's account as a record and requires no fresh acceptance, per clause 7.3. Every Order Confirmation is stored in Client's account. An Order Confirmation varies this Agreement only where it expressly identifies the clause varied, per clause 1.2, and only where Client has accepted it. An Order Confirmation generated on an automatic renewal carries forward the elections in force immediately before renewal and does not itself make, change or re-make any election.