Terms of Service

1. Introduction

Welcome to ConstructWise. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”). If you have any questions, comments, or concerns about these terms or the Services, please contact us at:

Email: support@constructiondatalabs.com

Address: 1111B S Governors Ave # 81201, Dover, DE 19904

These Terms of Service (the “Terms”) are a binding contract between you and CONSTRUCTWISE, INC. (“ConstructWise,” “we,” or “us”). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in our Privacy Policy.

Please read these Terms carefully. They cover important information about the Services we provide to you and any charges, taxes, and fees we may bill you. These Terms include information about future changes to these Terms, limitations of our liability, your obligations as a user, and how disputes between us will be resolved. YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

If you already created a ConstructWise account but no longer agree to these Terms, please contact us at support@constructiondatalabs.com and we will help you delete your account.

2. Will these Terms ever change?

Yes. We are continually working to improve our Services, so these Terms may need to change along with them. We reserve the right to change these Terms at any time. If we make significant changes, we will let you know — for example, by sending an email to the address associated with your account or by posting a notice on our website.

If you don’t agree with the new Terms, you are free to reject them. Unfortunately, that means you will no longer be able to use the Services, and you should contact us at support@constructiondatalabs.com so we can close your account. If you keep using the Services after a change to the Terms takes effect, that means you accept all of the changes.

Except for changes by us as described above, no other amendment or modification of these Terms will be effective unless it is in writing and signed by both you and us.

3. What about my privacy?

ConstructWise takes the privacy of its users very seriously. For details about how we collect, use, share, and protect your information, please review our Privacy Policy.

Children’s Online Privacy Protection Act. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children under 13. We do not knowingly collect or solicit personal information from anyone under 18 years of age. If you are under 18, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn that we have collected personal information from a child under 18, we will delete that information as quickly as possible. If you believe a child under 18 may have provided us with personal information, please contact us at support@constructiondatalabs.com.

4. What are the basics of using ConstructWise?

You may be required to sign up for an account, choose a password, and select a username (your “ConstructWise User ID”), and to provide us with certain information such as your contact details. You promise to give us accurate, complete, and up-to-date registration information. You may not choose a ConstructWise User ID that you do not have the right to use, or use another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are an individual of legal age to form a binding contract and are at least eighteen (18) years of age. If you are not at least eighteen, you are not permitted to use the Services.

You agree to use the Services only for lawful purposes and in compliance with all laws that apply to you. If your use of the Services is prohibited by applicable law, then you are not authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.

You will not share your ConstructWise User ID, account, or password with anyone, and you are responsible for keeping them secure. You are responsible for all activity that happens under your account. If you discover or suspect that someone has accessed your account without your permission, you must notify us immediately.

If you are using the Services on behalf of a company or other organization, you represent and warrant that you are authorized to accept these Terms on that organization’s behalf, that the organization agrees to be bound by these Terms, and that the organization will be responsible for any violation of these Terms by you or anyone else acting under the account.

You may not use the Services if you are located in, or are a citizen or resident of, any country, territory, or jurisdiction that is subject to a U.S. government embargo, or where your use of the Services would otherwise violate applicable law. We may put controls in place to restrict access from such jurisdictions, and you agree to comply with this restriction even if those controls don’t catch every case.

5. What about messaging and email?

As part of the Services, you will receive communications from ConstructWise, including emails about your account, the Services, security and policy updates, and product announcements. When you sign up, you will be able to choose which non-required messages you want to receive.

You can opt out of marketing or other non-required messages at any time by clicking the unsubscribe link at the bottom of those emails, or by updating your notification preferences in your account. We may still send you required messages — such as receipts, refund confirmations, security alerts, and policy updates — regardless of your marketing preferences, because we need them to operate the Services and your account.

If you no longer wish to receive any communications from ConstructWise, please contact us at support@constructiondatalabs.com so we can help you close your account.

6. How do the ConstructWise AI Services work?

ConstructWise provides AI-powered software tools designed to help construction professionals and their teams plan, manage, estimate, schedule, document, and analyze construction projects. The specific features available to you depend on the plan you sign up for, which is described on our pricing pages.

You acknowledge and agree that:

• The Services rely on artificial intelligence and machine learning models, which produce outputs based on the inputs they receive. Outputs may contain errors, omissions, or inaccuracies, and you should not rely on them as the sole basis for any important business, financial, safety, legal, or construction decision.
• Outputs from the Services are not professional advice. They are not a substitute for the judgment of a licensed architect, engineer, contractor, attorney, accountant, or other qualified professional, and you should independently verify any output before relying on it.
• We use good-faith, commercially reasonable efforts to provide the Services, but we do not guarantee that they will be uninterrupted, secure, error-free, or that any particular output will be accurate or complete.
• We may modify, add, or remove features from the Services at any time, and we are not required to send you notice of every change.
• Your use of the Services is at your own risk. You are solely responsible for the decisions you make and the actions you take based on the Services.

To use the Services, you may need to provide us with project information, drawings, schedules, specifications, financial data, communications, and other materials. We use that information to provide and improve the Services as described in our Privacy Policy.

7. Are there restrictions on how I can use the Services?

Yes. You agree that you will not, and will not allow anyone else to, do any of the following:

• Violate any applicable law, regulation, contract, intellectual property right, or other third-party right, or commit a tort, while using the Services.
• Engage in any harassing, threatening, intimidating, predatory, stalking, defamatory, obscene, indecent, or otherwise objectionable conduct.
• Use or attempt to use another user’s account without permission from that user and from us.
• Impersonate or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity.
• Sell, resell, rent, lease, sublicense, or otherwise commercially exploit the Services in any way not expressly authorized by us.
• Copy, reproduce, distribute, publicly perform, or publicly display any portion of the Services, except as expressly permitted by us.
• Modify the Services, remove any proprietary notices or markings, or create derivative works based on the Services.
• Interfere with, disrupt, or impair the proper working of the Services, or place an unreasonable load on our infrastructure.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, models, weights, or underlying ideas of the Services, except to the extent applicable law prohibits this restriction.
• Attempt to bypass any security, rate-limiting, content filtering, or access-control measures we use.
• Use any robot, spider, scraper, or other automated means to access, monitor, or extract data from the Services without our prior written consent.
• Develop or use any product, service, or model that competes with ConstructWise using data, outputs, or other information obtained from the Services.
• Use the Services to train, fine-tune, or evaluate any machine learning model that is not provided by us.
• Send spam, chain letters, pyramid schemes, or other unsolicited bulk communications through the Services.
• Submit to the Services any content that infringes intellectual property rights, violates privacy or publicity rights, contains a virus or other harmful code, or that you do not have the right to submit.
• Use the Services for any illegal, fraudulent, or unauthorized purpose.

A violation of any of the above is grounds for immediate suspension or termination of your access to the Services. Enforcement is solely at our discretion, and the fact that we don’t enforce a rule in one case doesn’t mean we have given up our right to enforce it in another case.

8. What about content I post or upload?

Your content. The Services may let you create, upload, post, store, or share content — including project files, drawings, job histories, bids, schedules, reports, drawings, comments, photos, and other materials (collectively, “User Content”). As between you and us, you keep all rights in your User Content. We don’t claim ownership of it.

License to us. To operate and improve the Services, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, fully paid, sublicensable license to host, store, copy, reproduce, modify, adapt, translate, create derivative works from, publish, distribute, publicly perform, and display your User Content, solely for the purpose of providing, securing, supporting, developing, and improving the Services and as otherwise described in our Privacy Policy. Depending on your account settings and how you choose to share content, your User Content may be visible to other users.

Your responsibility. You are solely responsible for your User Content. You represent and warrant that (i) you own or have all rights necessary to submit your User Content and to grant the license above, and (ii) your User Content, and our use of it as permitted by these Terms, will not violate any law or infringe or otherwise harm the rights of any person or entity.

You may not create, post, store, or share User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.
• Encourages, facilitates, or provides instructions for a criminal offense, or that violates any local, state, national, or international law.
• Infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
• Misrepresents your identity, affiliation, qualifications, or experience.
• Contains unsolicited promotions, political campaigning, advertising, or solicitations.
• Contains private or personal information about a third party that you don’t have permission to share.
• Contains viruses, malware, corrupted data, or other harmful files or code.
• In our sole judgment, is objectionable, exposes us or others to harm or liability, or restricts or inhibits any other person from using or enjoying the Services.

Our role. We have no obligation to screen, monitor, or edit User Content, but we may remove or refuse to display any User Content at any time, for any reason, with or without notice. We take no responsibility and assume no liability for any User Content posted by you or any third party, or for any loss or damage relating to it. By submitting User Content, you release us and our affiliates, agents, and employees from any claims arising out of our use of your User Content as authorized in these Terms.

Feedback. If you choose to send us any suggestions, ideas, comments, or other feedback about the Services (“Feedback”), you agree that we may use the Feedback for any purpose, commercial or otherwise, without any obligation, acknowledgment, or compensation to you. Feedback is not considered User Content.

9. What are my rights in the Services?

The Services and all materials available through them — including text, graphics, software, images, videos, illustrations, models, and other content (the “Content”) — are owned by us or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. Except for the rights expressly granted in these Terms, we and our licensors reserve all rights in and to the Services.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your own internal business or personal use. Any other use of the Services — including any commercial use, reproduction, distribution, modification, or creation of derivative works — is strictly prohibited without our prior written permission.

Trademarks. The ConstructWise name, logos, product and service names, slogans, and the look and feel of the Services are trademarks of ConstructWise and may not be used, copied, or imitated without our prior written permission. All other trademarks referenced on the Services belong to their respective owners, and reference to them does not imply any endorsement, sponsorship, or affiliation.

10. Who is responsible for what I see and do on the Services?

Any information or Content posted, transmitted, or shared through the Services is the sole responsibility of the person who provided it. You access all such information and Content at your own risk, and we aren’t liable for any errors, omissions, or losses related to it. We can’t and don’t guarantee the accuracy, completeness, or reliability of any User Content or other content available through the Services.

We cannot control, and we have no duty to take any action regarding, how you interpret or use the Content, or what actions you take based on it. You hereby release us from all liability for your having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users you interact with, and we are not responsible for which users gain access to the Services.

If there is a dispute between you and another user, or between you and any third party, you agree that we are under no obligation to get involved. You release ConstructWise, its directors, officers, employees, agents, and successors from any claims, demands, and damages of every kind arising out of or in any way related to such disputes or the Services.

11. Will ConstructWise ever change the Services?

Yes. We are constantly working to improve the Services, so they will change over time. We may add, remove, suspend, or discontinue features at any time, and we may impose limits on certain features or restrict access to parts or all of the Services. We will try to give you advance notice when we make a material change that would adversely affect you, but this isn’t always practical.

We are not responsible for any loss or harm related to your inability to access or use the Services, including during planned maintenance, outages, or after any modification, suspension, or discontinuation of any part of the Services.

12. Do the Services cost anything?

Some of the Services may be free, and others may require payment of a subscription fee or other charges (the “Paid Services”). The pricing, features, and billing terms for our Paid Services are described on our pricing pages and at the point of sign-up. By choosing a Paid Service, you agree to pay all applicable fees, taxes, and charges.

Billing. We use a third-party payment processor (the “Payment Processor”) to handle billing for Paid Services. Your use of the Payment Processor is governed by its own terms and privacy policy in addition to these Terms. We are not responsible for any error or other act or omission of the Payment Processor.

Recurring billing. Some Paid Services are billed on a recurring (e.g., monthly or annual) basis. By choosing a recurring plan, you authorize us to charge your payment method on each renewal at the then-current rate until you cancel. Unless you cancel before the end of your current billing period, your subscription will automatically renew for an additional period of the same length at the then-current non-promotional rate.

Current information. You must keep your billing information current, complete, and accurate. If your payment method fails or you don’t update your billing information, you agree that we may continue to charge you for any use of Paid Services and may suspend your access to the Services until payment is received.

Refunds. Except as expressly stated in these Terms or as required by applicable law, all fees are non-refundable. If you cancel a Paid Service, you may continue to use it until the end of your current billing period, but you will not receive a prorated refund of any fees already paid.

Taxes. Our fees do not include any taxes, levies, or duties imposed by taxing authorities. You are responsible for all such taxes associated with your purchase, except for taxes based on our net income.

Suspected fraud. We reserve the right to refuse or cancel any order if we suspect fraud, an unauthorized or illegal transaction, or a violation of these Terms.

13. What if I want to stop using the Services?

You are free to stop using the Services at any time by canceling your account through your account settings or by contacting us at support@constructiondatalabs.com. Please refer to our Privacy Policy for information about how we treat your data after you stop using the Services.

ConstructWise is also free to terminate or suspend your access to the Services at any time, for any reason in our discretion, including for any breach of these Terms. We have the sole right to decide whether you are in violation of these Terms.

Account termination may result in the deletion of all User Content and other information associated with your account, so please keep that in mind before deciding to terminate your account.

Provisions that, by their nature, should survive termination of these Terms will survive. By way of example, the following will survive: any obligation you have to pay us or to indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and any terms regarding disputes between us.

14. What about third-party content and links?

The Services may contain links to, integrations with, or content from third-party websites, services, applications, or resources (“Third-Party Content”). We provide Third-Party Content as a convenience, and your dealings or interactions with any third party are solely between you and that third party. We do not control or endorse, and we make no representations or warranties about, any Third-Party Content.

When you access Third-Party Content, you accept that there are risks in doing so, and that we are not responsible for those risks. We encourage you to read the terms and privacy policy of any third-party website or service before using it. By using the Services, you release us from any liability arising from your use of any Third-Party Content.

15. What if someone infringes copyright on the Services?

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others.

If you believe that anything on the Services infringes a copyright that you own or control, you may submit a written notice to our designated agent that includes the information required by 17 U.S.C. § 512(c)(3):

Please note that if you knowingly make a material misrepresentation that any activity or material on the Services is infringing, you may be liable for damages, including costs and attorneys’ fees. Some uses of copyrighted material — such as for criticism, comment, news reporting, teaching, scholarship, or research — may qualify as “fair use” and would not be infringing.

16. What else do I need to know?

Warranty Disclaimer. ConstructWise and its licensors, suppliers, partners, parent, subsidiaries, and affiliated entities, and each of their respective officers, directors, members, employees, consultants, contractors, representatives, agents, successors, and assigns (together, the “ConstructWise Parties”) make no representations or warranties about the Services, including any Content available through them, and will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of any material in or accessed through the Services. The ConstructWise Parties make no representations or warranties about any suggestions or recommendations made through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY CONSTRUCTWISE (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING WITHOUT LIMITATION TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) WILL ANY OF THE CONSTRUCTWISE PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION; (B) ANY SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID OR PAYABLE BY YOU TO CONSTRUCTWISE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitations and exclusions may not apply to you.

Indemnity. You agree to indemnify and hold the ConstructWise Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way related to (a) your use of the Services (including any actions taken by a third party using your account), (b) your User Content, and (c) your violation of these Terms. We may attempt to notify you of any such claim using the contact information we have for your account, but our failure to do so will not reduce your indemnification obligations.

Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations under them, or your account, in any way (by operation of law or otherwise) without our prior written consent. We may freely transfer, assign, or delegate these Terms and our rights and obligations, in whole or in part, without your consent.

Governing Law and Venue. These Terms are governed by and will be construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-laws principles. Any dispute between you and us that is not subject to small-claims jurisdiction will be brought exclusively in the state or federal courts located in Delaware, and you and we consent to the personal jurisdiction of those courts.

Costs of Arbitration. If any dispute between you and ConstructWise is resolved through arbitration, each party shall be responsible for paying its own respective arbitration fees and costs.

Data Transfer. In order for us to provide the Services, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under your local law.

Severability. If any provision or part of a provision of these Terms is found to be unlawful, void, or unenforceable, that provision (or part of it) will be severed from these Terms and will not affect the validity or enforceability of the remaining provisions.

Waiver. The failure of either you or us to exercise any right under these Terms will not be deemed a waiver of any further rights. Any waiver must be in writing and signed by the waiving party to be effective.

Entire Agreement. These Terms, together with our Privacy Policy and any other terms or policies referenced in them, are the complete and exclusive agreement between you and ConstructWise regarding the Services and supersede all prior or contemporaneous agreements, communications, and understandings on that subject. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Relationship. You and ConstructWise are independent contractors. You are not an employee, agent, partner, or joint venturer of ConstructWise, and you have no authority to bind ConstructWise in any way. No third party is intended to be a beneficiary of these Terms except as expressly stated.

Electronic Communications. You agree that we may communicate with you electronically about the Services and your account, and that any agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

Contact. If you have any questions about these Terms, please contact us at support@constructiondatalabs.com or by mail at 1111B S Governors Ave # 81201, Dover, DE 19904.