Terms of Use

1. Acceptance and scope

1.1 How these Terms are accepted. Client accepts these Terms when it accepts the MSA in the Platform, and each User accepts them when the User indicates acceptance on first sign-in, in each case by checking a box or clicking a button marked to indicate acceptance. These Terms and, where applicable, the Acceptable Use Policy then govern use of the Build IG website (the "Site") and the Build IG software-as-a-service application (the "Platform", as defined in clause 1.1(h) of the MSA). If you browse the Site without registering an account, these Terms govern that use to the extent permitted by law. Our Privacy Policy describes how we process personal information; it is a notice rather than an agreement. If you do not agree to these Terms, do not use the Site or the Platform.

1.2 Your organisation's commercial relationship with Build Intelligence Group, LLC is governed by the Master Services Agreement and the applicable Order Confirmation. These Terms address website and account use only. On any matter also addressed by the MSA — including scope of the platform, permitted use of outputs, distribution, fees, intellectual property, warranties, liability, indemnities and dispute resolution — the MSA governs and these Terms have no independent effect.

1.3 The Platform is offered to businesses for business purposes only. It is not offered to consumers.

2. Accounts and eligibility

2.1 You must be at least 18 years old and authorised to act for the organisation you register.

2.2 You are responsible for the accuracy of your registration details, for keeping your credentials confidential, and for all activity under your account. Notify us at support@buildig.ai of any suspected unauthorised access.

2.3 Eligibility, licensing and professional responsibility are addressed in clause 4 of the MSA.

3. What the Platform is

3.1 The Platform is a software tool that produces preliminary quantity take-offs, cost estimates and schedules from construction documents you supply. It quantifies what those documents specify; it does not determine what they should specify.

3.2 Outputs are generated algorithmically, are preliminary, are not certified, are not professional opinions and may contain errors. Outputs are not reviewed by any Build IG employee or contractor, and Build IG does not offer professional review of outputs.

3.3 Annex A to the MSA describes the scope and limitations of the Platform in full, including the categories of work the Platform does not perform. Read it before relying on any output.

4. Acceptable use

4.1 Your use of the Platform is subject to the Acceptable Use Policy at buildig.ai/aup and to clause 9.7 of the MSA. In summary, you must not reverse engineer the Platform, use it to build a competing product, use it to train any machine learning model, access it by automated means other than a supplied API, or remove any proprietary notice, watermark or legend.

5. Your content

5.1 You retain ownership of the documents and data you submit. You represent that you have all rights and permissions necessary to submit them and to have Build IG process them, including where they belong to your clients, employer or other third parties. Clause 4.2 of the MSA sets this out in full.

5.2 How we use your content to improve the Platform. We use the Platform's own outputs and the corrections you make to them, and de-identified data derived from your jobs, to improve the Platform and our models. We do not train on material you have told us belongs to a third party, and we do not train on personal data. Anything you have not classified is treated as belonging to a third party and is excluded. Where you tell us drawings are your own, you can turn training off at any time in your account, effective within 24 hours. A model already trained cannot be untrained, so switching off applies to future training only. Clauses 9.3 to 9.6 of the MSA set this out in full, and we publish a summary of our training data at buildig.ai/training-data.

6. Intellectual property

6.1 The Platform, its software, models, algorithms, design and documentation are Build IG's exclusive property. This does not extend to the documents and data you submit, or to the outputs generated from them, which are dealt with in clauses 9.2 to 9.6 of the MSA.

7. Use and distribution of outputs

7.1 Outputs may be shared with third parties on the conditions in clause 6 of the MSA, the most important of which is that the required legends travel with the document unaltered.

7.2 No person other than you is an intended user of any output, and no third party is entitled to rely on one. Use of an output for a Regulated Purpose requires professional validation under clause 5.4 of the MSA.

8. Availability, suspension and termination

8.1 We may modify or discontinue features of the Platform. Clause 2.6 of the MSA applies to material changes.

8.2 We may suspend or terminate access in accordance with clause 15 of the MSA. You may cancel your subscription at any time under clause 7.5 of the MSA.

9. Disclaimers and liability

9.1 If your organisation has an MSA with us, the warranties, disclaimers and limitations of liability in clauses 12 and 14 of the MSA apply to your use of the Platform and are not repeated or varied here. Nothing in these Terms creates any warranty, or any limitation or exclusion of liability, that differs from the MSA.

IF YOU ARE NOT A PARTY TO, AND YOUR ORGANISATION DOES NOT HAVE, A MASTER SERVICES AGREEMENT WITH BUILD IG — FOR EXAMPLE IF YOU ARE BROWSING OUR WEBSITE — THEN THE FOLLOWING APPLIES TO YOU INSTEAD. THE WEBSITE AND ANY MATERIALS ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILD IG DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ACCURACY. BUILD IG WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR LOST DATA. BUILD IG'S TOTAL AGGREGATE LIABILITY TO YOU IS LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US$100). THE PARTIES EXPRESSLY INTEND THAT THIS PROVISION RELEASES BUILD IG FROM THE CONSEQUENCES OF ITS OWN NEGLIGENCE. NOTHING HERE EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

10. Governing law and disputes

10.1 These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws rules.

10.2 If your organisation has an MSA with us, any dispute is resolved in accordance with clause 16 of the MSA, including its arbitration agreement, class action waiver and carve-outs, which govern in place of any separate dispute provision.

10.3 If you are not covered by an MSA but have affirmatively accepted these Terms under clause 1.1, then: this transaction involves interstate commerce and the Federal Arbitration Act governs this clause; any dispute arising out of or relating to these Terms will be finally resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before one arbitrator, seated in Austin, Texas, in English; no dispute may be brought as a class, collective, consolidated or representative proceeding, and if that restriction is held unenforceable as to a claim, that claim is severed and brought in the courts of Travis County, Texas; either party may bring an individual claim in small claims court or seek injunctive relief in the courts of Travis County, Texas to protect its intellectual property or confidential information; and each party waives any right to a trial by jury.

10.4 If you have only browsed the Site and have neither accepted these Terms under clause 1.1 nor become subject to an MSA, clause 10.3 does not apply to you. Clause 9.2 applies to that use to the extent permitted by law, and any dispute is governed by clause 10.1 and brought in the courts of Travis County, Texas.

11. Changes to these Terms

11.1 We may update these Terms by publishing the updated version and giving you at least thirty (30) days' notice by email or in-product before the change takes effect.

11.2 Any change applies prospectively only. No change applies to any dispute of which we have notice at the date of the change, or to any dispute arising from events occurring before the change takes effect. Continued use after the change takes effect constitutes acceptance of the updated Terms.

11.3 We maintain a dated archive of previous versions at buildig.ai/terms/archive.

12. Contact

12.1 Build Intelligence Group, LLC, 5900 Balcones Drive, Suite 100, Austin, TX 78731. Support: support@buildig.ai. Legal: legal@buildig.ai. Privacy: privacy@buildig.ai.