ProBuild AI – Terms of Use

1. Introduction

Welcome to ProBuild AI, a software-as-a-service platform designed to support licensed professionals in the construction industry. These Terms of Use (“Terms”) govern your access to and use of ProBuild AI’s platform, website, mobile applications, and related services (collectively, the “Platform”), which are operated by ProBuild AI, LLC (“ProBuild,” “we,” or “us”).

By creating an account or by accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If we update these Terms, we will notify you via the platform or email. Continued use of the Services after such notice constitutes your acceptance. You will not be permitted to access any part of the platform until you have confirmed your agreement to the updated terms.

These Terms are separate from our Master Services Agreement, which governs subscription and licensing rights. In the event of a conflict, the Master Services Agreement prevails.

2. Eligibility and Professional Responsibility

You may only use the Platform if you meet all of the following conditions:

• You are at least 18 years of age.
• You are a licensed general contractor, architect, engineer, or construction professional, or an employee or agent acting under the supervision of such a licensed professional.
• You accept full responsibility for verifying all outputs and ensuring compliance with applicable local, state, federal, and international laws and building codes.
• You acknowledge that the Platform provides only algorithmic or AI-assisted suggestions and does not produce certified engineering, architectural, or permitting outputs.
• You agree not to rely on Platform outputs without professional review, verification, and sealing as required.
• You agree to use the Platform solely for lawful purposes and within the scope of your professional license and authority.
• You agree not to share access with unlicensed users or allow unauthorized third parties to rely on Platform outputs.
• You confirm that you carry or are covered under an active professional liability insurance policy appropriate for your jurisdiction.

3. Account Registration

To access the Platform, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

We reserve the right to suspend or terminate your account if we reasonably suspect a violation of these Terms, misuse of the Platform, or unlawful conduct.

4. Platform Outputs and Disclaimers

The Platform may generate estimates, schedules, material quantities, visual outputs, and other AI-assisted or algorithmic data (“Outputs”). These Outputs are:

• Provided for informational and suggestive purposes only;
• Not verified, certified, or warranted to comply with any applicable code, standard, or law;
• Not a substitute for professional services from licensed architects, engineers, or quantity surveyors;
• Subject to inherent limitations in AI and data processing.

You agree that any reliance on Outputs without independent professional verification is strictly prohibited and may result in regulatory or legal consequences. The Platform does not—and cannot—ensure compliance with permitting authorities or local code officials.

ProBuild disclaims all responsibility for decisions made based on unverified use of Platform Outputs.

5. Acceptable Use

You agree not to:

• Use the Platform for unlawful or unauthorized purposes;
• Copy, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from the Platform;
• Circumvent licensing restrictions or attempt to bypass authentication measures;
• Use automated systems to access or scrape the Platform without written consent;
• Upload viruses, malware, or harmful content;
• Misrepresent your identity, license status, or affiliation.

We reserve the right to investigate and take appropriate legal action for any violation of this section.

6. Intellectual Property

All content, software, algorithms, visual designs, text, models, and data on the Platform are owned by ProBuild or its licensors and are protected under applicable intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Platform solely as permitted under these Terms and the Master Services Agreement. You may not reproduce, distribute, or create derivative works from the Platform without our prior written consent.

7. Third-Party Use and No Reliance

Use of the Platform is restricted to registered account holders. No third party may rely upon any Output from the Platform, nor may any Output be transmitted, published, or incorporated into external reports without full professional review and disclaimer.

You agree to defend, indemnify, and hold ProBuild harmless from any claims by third parties arising out of unauthorized reliance or dissemination of Platform Outputs.

8. Service Availability and Changes

We aim to provide reliable access to the Platform but do not guarantee uninterrupted service. We may suspend, restrict, or discontinue features or availability at any time without notice.

Changes to the Platform (including UI/UX changes, pricing models, or Output structure) may occur periodically as part of product development.

9. Privacy and Data

Use of the Platform is governed by our Privacy Policy, which outlines what personal data we collect, how we process it, and your rights under applicable privacy laws, including the GDPR and CCPA.

If your use of the Platform involves personal data of third parties, you must have the appropriate legal basis and consents. For customers subject to the GDPR, a Data Processing Addendum applies.

10. Subscription and Cancellation

Subscription fees, billing cycles, refund policies, and renewal terms are governed by the Master Services Agreement.

You may cancel your subscription at any time via your account settings. Cancellation is effective at the end of the current billing period. Refunds are not provided for partial periods unless required by law.

11. Termination

We may suspend or terminate your access to the Platform for:

• Material breach of these Terms or the MSA;
• Use of the Platform in violation of professional, licensing, or ethical standards;
• Payment failure after notice;
• Legal or regulatory compulsion.

Upon termination, your access rights immediately cease, and all licenses revert to ProBuild.

12. Changes to Terms

We may update these Terms from time to time. If material changes are made, we will provide notice through the Platform or via email.

Your continued use of the Platform following such notice constitutes acceptance of the modified Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.

Any dispute arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in Austin, Texas. The arbitration shall be conducted in English. Class actions are expressly disclaimed.

14. Contact Us

ProBuild AI, LLC

5900 Balcones Drive, Suite 100

Austin, TX 78731

📧 legal@probuildai.com