These Terms of Service ("Terms") form a legal agreement between you ("you", "Customer") and Bay Area Realty and Construction Inc., a California corporation ("we", "us", "BuildCraft Pro"). By creating an account or using the service at buildcraftpro.app or any related domain (the "Service"), you agree to these Terms. If you do not agree, do not use the Service.
You represent that you are at least 18 years old and have the legal capacity to enter into a binding contract. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to both you personally and that entity.
We grant you a non-exclusive, non-transferable, revocable license to use the Service for your own business purposes during the term of your active subscription, subject to these Terms. You may not resell, sublicense, reverse-engineer, or create a competing service based on the Service.
You retain all rights to your project data, estimates, client lists, and any content you enter into the Service ("Customer Data"). We act as a processor of Customer Data on your behalf. We use reasonable measures to keep it secure (see our Privacy Policy) and will never sell it. You can export or delete it at any time.
The Service integrates with several third parties to provide optional features:
Your use of each integration is also governed by that third party's own terms. We are not responsible for outages, bugs, or policy changes at third-party services, though we will make reasonable efforts to adapt and keep the Service working.
You agree not to:
We may suspend or terminate your account for material violations. We will email you first except in cases of active harm.
The Service, including its code, design, documentation, and brand, is and remains our property. Nothing in these Terms transfers ownership of the Service to you. Feedback you send us may be used without restriction to improve the Service.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED. Estimates, takeoffs, and tax calculations produced by the Service are tools to help you quote work — you are responsible for reviewing and validating them before relying on them.
Nothing in this section is intended to exclude or limit any warranty, liability, or remedy that cannot be excluded or limited under applicable law, including (without limitation) under California Civil Code §1668 for matters involving fraud, willful injury, gross negligence, or violation of law.
9A.1 Reference only. Portions of the Service use third-party large language models (Anthropic Claude and/or OpenAI GPT) to generate suggested estimates, line-item pricing, scopes of work, contract language, and blueprint takeoffs ("AI Output"). AI Output is generated from generalised training data and does not reflect any specific client, project, jurisdiction, market condition, supplier quote, union contract, prevailing wage rate, or other real-time pricing input. AI Output is provided as a starting reference only — not as an authoritative estimate, bid, or legal advice.
9A.2 Your verification duty. Before relying on any AI Output (including incorporating it into a quote, estimate, contract, change order, or any communication with a client, customer, employee, or third party), you agree to (a) review the AI Output for factual accuracy; (b) verify all pricing against current market rates and at least two to three actual subcontractor or supplier bids; (c) confirm legal compliance with all applicable jurisdictions, building codes, and licensing requirements; and (d) edit the AI Output as needed for your specific project. The Service displays a visible AI disclaimer at the point of use as an additional reminder of these duties.
9A.3 No warranty. WE MAKE NO WARRANTY THAT AI OUTPUT IS ACCURATE, CURRENT, COMPLETE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING. AI MODELS MAY HALLUCINATE FACTS, MISCALCULATE QUANTITIES, GENERATE OUTDATED PRICING, OR PRODUCE LEGALLY INCORRECT CONTRACT LANGUAGE. We do not control the third-party AI providers and are not responsible for changes in their model behaviour, output quality, training data, or service availability.
9A.4 Allocation of risk. You are a licensed professional contractor or business operator using your own professional judgment. You — not BuildCraft Pro, not its developers, and not the AI providers — bear sole responsibility for the accuracy of any quote, bid, estimate, scope, or contract you provide to your clients, regardless of whether the underlying content originated from AI Output, manual entry, or any combination thereof. To the maximum extent permitted by law, you waive and release us from any claim arising out of underbidding, scope errors, missed inclusions, mis-calculated takeoffs, incorrect pricing, or any other consequence of relying on AI Output without verification, except where such liability cannot be waived under California Civil Code §1668 or other applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM AROSE, OR (B) US$100. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Nothing in this section limits or excludes liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, fraud, or any other matter for which limitation is prohibited by California Civil Code §1668 or other applicable statute.
11.1 Your indemnification of us. You agree to defend, indemnify, and hold us harmless against any third-party claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of: (a) your misuse of the Service; (b) your Customer Data or the content you upload; (c) your violation of these Terms or applicable law; or (d) your infringement of any third party's rights.
11.2 Our indemnification of you. We will defend, at our expense, any third-party claim brought against you alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's U.S. patent, copyright, or trademark, and we will pay damages finally awarded against you by a court (or agreed in settlement we approve). This obligation does not apply to claims arising from: (a) your Customer Data; (b) your modifications to the Service; (c) combinations of the Service with products, services, or data not provided by us; or (d) use of the Service outside the scope of the license granted. If the Service becomes, or we reasonably believe it may become, the subject of such a claim, we may at our option (i) modify the Service to make it non-infringing, (ii) obtain a license that allows you to continue using it, or (iii) terminate the affected subscription and refund any prepaid fees for the unused period. Our total liability under this §11.2 is subject to the cap in §10.
11.3 Procedure. The indemnified party must give prompt written notice of the claim, allow the indemnifying party to control defense and settlement (provided no settlement imposes obligations on the other party without consent), and provide reasonable cooperation at the indemnifying party's expense.
You can terminate by cancelling your subscription and deleting your account at any time. We can terminate or suspend your account for material breach of these Terms on reasonable notice. Sections that by their nature should survive (data ownership, limitation of liability, indemnity, governing law) will survive termination.
13.1 Governing law. These Terms are governed by the laws of the State of California, USA, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
13.2 Binding arbitration. Except as provided in §13.6, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between the parties — including the validity, scope, or enforceability of this arbitration clause — will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, or, if the claimant is an individual and the claim amount is under US$75,000, under AAA Consumer Arbitration Rules. The arbitration will be conducted by a single arbitrator, seated in Alameda County, California, and may proceed by written submissions or video conference as the arbitrator directs. Judgment on the award may be entered in any court of competent jurisdiction.
13.3 Class-action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding. If this class-action waiver is held unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the rest of §13 will remain in force.
13.4 Opt-out. You may opt out of the arbitration agreement in §13.2 and §13.3 by emailing support@buildcraftpro.app within 30 days of first accepting these Terms, with the subject "Arbitration Opt-Out" and your account email in the body. If you opt out, disputes will be resolved in the state or federal courts of Alameda County, California, and both parties consent to that jurisdiction.
13.5 Fees. Each party pays its own arbitration fees and costs, except that we will pay AAA filing fees for consumer claims under US$10,000 where required by AAA Consumer Rules, and the arbitrator may award fees and costs to the prevailing party where permitted by law.
13.6 Carve-outs. Either party may (a) bring a qualifying claim in small-claims court in Alameda County, California; (b) seek injunctive or other equitable relief in court to stop unauthorized use of the Service, misuse of intellectual property, or breach of confidentiality; or (c) participate in any government enforcement action. Nothing in §13 prevents you from reporting concerns to a government agency.
Neither party is liable for failure or delay in performance (other than payment obligations) caused by events outside its reasonable control, including natural disasters, war, terrorism, civil unrest, pandemic, labor disputes, internet or power outages, third-party service provider failures (including Supabase, Netlify, Stripe, or AI providers), or government action. The affected party will use reasonable efforts to notify the other and resume performance as soon as practicable.
If any provision of these Terms is held invalid or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force and effect.
These Terms, together with the Privacy Policy and any order forms or written agreements we sign with you, constitute the entire agreement between you and us regarding the Service, and supersede all prior or contemporaneous agreements, proposals, or understandings, whether written or oral. In the event of a conflict between these Terms and a signed written agreement, the signed written agreement controls for the Service covered by it.
You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent; any attempted assignment in violation of this section is void. We may assign these Terms to an affiliate, or to a successor in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, without your consent.
You agree not to, and not to authorize or permit any third party to:
If you send us suggestions, ideas, feature requests, comments, or other feedback about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, distribute, and incorporate the Feedback into our products and services without any obligation, attribution, or compensation to you. You waive any moral rights in the Feedback to the extent permitted by law. We are not obligated to keep Feedback confidential, even if labelled "confidential."
From time to time we may release features labelled "beta," "preview," "experimental," "alpha," or similar designation, including AI-powered features (collectively, "Beta Features"). Beta Features are provided "AS IS" without warranty of any kind and may change, malfunction, produce inaccurate results, or be discontinued without notice. Section 9 (Disclaimer of warranties) and Section 9A (AI-generated content) apply with full force to Beta Features. Your use of Beta Features is voluntary and entirely at your own risk. Any data, output, or work product generated using Beta Features should be independently verified before being relied upon for client-facing or contractually binding purposes.
We respond to clear notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. §512). If you believe content uploaded to the Service or shared via a public client portal infringes your copyright, send a written notice to the contact below containing: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and where it is located on the Service; (d) your contact information; (e) a statement that you have a good-faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information is accurate and you are authorized to act on the copyright owner's behalf. We will respond to valid notices in accordance with §512 and may remove or disable access to allegedly infringing material. Repeated infringers will have their accounts terminated.
The Service is subject to United States export control laws, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and economic sanctions administered by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC). You represent and warrant that: (a) you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country; (b) you are not on any U.S. government list of restricted persons; and (c) you will not access or use the Service from any sanctioned jurisdiction or for any sanctioned purpose. You agree to comply with all applicable export-control and sanctions laws.
You consent to receive communications from us electronically (by email or in-app notice). You agree that electronic signatures, click-through acceptances, and records of your activity within the Service satisfy any legal requirement that communications, agreements, or records be in writing, signed, or delivered in person, including under the E-SIGN Act (15 U.S.C. §7001 et seq.) and the California Uniform Electronic Transactions Act (Cal. Civ. Code §1633.1 et seq.). You may withdraw this consent by canceling your subscription and closing your account, which may prevent continued use of the Service.
We may update these Terms from time to time. When we do, we'll post the new version at this URL and update the effective date. We will send you email notice of material changes at least 7 days before they take effect. Continued use after the effective date means you accept the new Terms. If you do not agree to a material change, you may cancel your subscription before the change takes effect.
Bay Area Realty and Construction Inc.
Email: support@buildcraftpro.app