Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Bricklayer.ai, Inc. ("Bricklayer.ai," "Company," "we," "us," or "our"), a corporation organized under the laws of the State of Delaware with its principal place of business at 2001 Ross Avenue, Suite 700, Dallas, TX 75201. These Terms govern your access to and use of the Bricklayer.ai website (bricktayer.tech), the Bricklayer.ai AI construction management platform, and any related services, applications, or software we make available (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, OR CLICKING "ACCEPT" OR "AGREE" WHERE THAT OPTION IS PRESENTED, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

1. Acceptance of Terms

By using the Services, you represent and warrant that: (a) you are at least 18 years old and have the legal capacity to enter into contracts; (b) if you are accepting these Terms on behalf of a company or other organization, you have the authority to bind that organization to these Terms; (c) your use of the Services will comply with all applicable laws and regulations; and (d) you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated into these Terms by reference.

If you are accepting these Terms on behalf of an organization, references to "you" in these Terms will apply to both you personally and to the organization on whose behalf you are acting. You and your organization are jointly and severally responsible for compliance with these Terms.

2. Description of Services

Bricklayer.ai provides an AI-powered construction project management platform that includes predictive scheduling analytics, BIM data integration, cost variance detection, subcontractor performance monitoring, site monitoring integration, document management, and related features. The specific features available to you depend on the subscription plan you have selected.

We reserve the right to modify, add, suspend, or discontinue features or functionality of the Services at any time with or without notice. We will make reasonable efforts to provide advance notice of material changes to the core functionality of paid subscription tiers. The Services are provided on an "as-is" and "as-available" basis subject to the disclaimers set forth in these Terms.

3. Account Registration and Security

3.1 Account Creation

To access most features of the Services, you must create an account. When registering, you agree to provide accurate, current, and complete information and to maintain and update your account information to keep it accurate, current, and complete. You may not use a false identity, impersonate another person, or use an email address you are not authorized to use.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to immediately notify us of any unauthorized access to or use of your account at security@bricklayer.ai. Bricklayer.ai will not be liable for any losses arising from unauthorized access to your account resulting from your failure to maintain adequate security. You are responsible for all activities that occur under your account credentials.

3.3 Account Sharing

Unless your subscription plan expressly permits it, account credentials may not be shared among multiple users. Each user who accesses the Services must have their own account. Enterprise plans may permit named user or concurrent user licensing arrangements as specified in the applicable order form or subscription agreement.

4. Subscription Plans and Payment

4.1 Subscription Plans

The Services are offered on a subscription basis. Available plans, features, and pricing are described on our pricing page at bricktayer.tech/price.html. We reserve the right to change subscription pricing with 30 days' notice to existing subscribers, effective at the next renewal date.

4.2 Payment Terms

By subscribing to a paid plan, you authorize Bricklayer.ai (or its designated payment processor) to charge your payment method on the billing cycle you have selected (monthly or annual). All fees are due and payable in advance. If payment cannot be processed for any reason, your account may be suspended until payment is received.

4.3 Refunds

Monthly subscriptions may be cancelled at any time; you will retain access through the end of the current billing period, and no refund will be provided for unused time in the current month. Annual subscriptions may be cancelled with a pro-rata refund of unused months at our discretion, evaluated on a case-by-case basis. To request a refund or discuss your billing situation, contact billing@bricklayer.ai.

4.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any sales, use, value-added, or other taxes applicable to your subscription and use of the Services.

5. Acceptable Use

5.1 Permitted Use

Subject to these Terms, Bricklayer.ai grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes in connection with construction project management.

5.2 Prohibited Activities

You agree not to, and will not permit or encourage others to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to any portion of the Services, other user accounts, or any systems or networks connected to the Services.
• Use automated tools, bots, scrapers, or other means to access, extract, or index the Services or content in ways not authorized by Bricklayer.ai.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform or its underlying AI models.
• Copy, modify, create derivative works of, distribute, or publicly display any content from the Services without our prior written permission.
• Upload or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Upload malware, viruses, or any other malicious code.
• Interfere with the proper functioning of the Services or the servers and networks on which they run.
• Attempt to probe, scan, or test the vulnerability of the Services or any related system without our prior written authorization.
• Circumvent or disable any security features or access controls of the Services.
• Use the Services to build a competing product or service, or to copy features or functionality of the Platform.

6. Your Content and Data

6.1 Ownership

You retain all ownership rights in and to the construction project data, files, models, schedules, and other content you upload or provide to the Services ("Customer Data"). Bricklayer.ai does not claim any ownership interest in Customer Data.

6.2 License to Bricklayer.ai

By uploading Customer Data, you grant Bricklayer.ai a limited, worldwide, royalty-free license to access, store, process, and analyze your Customer Data solely to (i) provide the Services to you, (ii) maintain and improve the Services, and (iii) comply with applicable laws. This license does not extend to sharing Customer Data with third parties (other than our subprocessors who assist in delivering the Services) or using identified Customer Data to train models for the benefit of other customers without your consent.

6.3 Data Accuracy

You are responsible for the accuracy, quality, and legality of the Customer Data you provide, and for ensuring that you have all necessary rights and permissions to share that data with Bricklayer.ai for processing under these Terms.

7. Intellectual Property

7.1 Bricklayer.ai Intellectual Property

The Services, including all software, algorithms, AI models, user interfaces, designs, text, graphics, logos, and other content provided by Bricklayer.ai, are owned by Bricklayer.ai or its licensors and are protected by copyright, trademark, trade secret, patent, and other intellectual property laws. These Terms do not grant you any rights to Bricklayer.ai's intellectual property except the limited license to use the Services as described in Section 5.1.

7.2 Feedback

If you provide feedback, suggestions, ideas, or recommendations about the Services ("Feedback"), you hereby grant Bricklayer.ai an irrevocable, royalty-free, worldwide license to use and incorporate that Feedback into our products and services without attribution or compensation to you.

7.3 Trademarks

The Bricklayer.ai name, logo, and other marks used in connection with the Services are trademarks or registered trademarks of Bricklayer.ai, Inc. Other product and company names appearing on the Services may be trademarks of their respective owners. Nothing in these Terms grants you any right to use Bricklayer.ai's trademarks without our prior written consent.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRICKLAYER.AI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

BRICKLAYER.AI DOES NOT WARRANT THAT: (A) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) THE RESULTS OBTAINED FROM USE OF THE SERVICES (INCLUDING SCHEDULING PREDICTIONS, COST FORECASTS, AND RISK ALERTS) WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS. THE AI PREDICTIONS AND ANALYTICS PROVIDED BY THE PLATFORM ARE TOOLS TO ASSIST HUMAN DECISION-MAKING AND SHOULD NOT BE RELIED UPON AS THE SOLE BASIS FOR CRITICAL PROJECT DECISIONS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRICKLAYER.AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF BRICKLAYER.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL BRICKLAYER.AI'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless Bricklayer.ai, its officers, directors, employees, agents, affiliates, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights; (d) any Customer Data you upload to the Services; or (e) your violation of any applicable law or regulation.

11. Termination

11.1 Termination by You

You may terminate your account and cancel your subscription at any time by following the account cancellation process in your account settings or by contacting support@bricklayer.ai. Termination takes effect at the end of the current billing period for paid subscriptions.

11.2 Termination by Bricklayer.ai

We may suspend or terminate your access to the Services immediately, with or without notice, if we have reason to believe that you have violated these Terms, if required by law, or if we discontinue the Services. We may terminate your account with 30 days' notice without cause.

11.3 Effect of Termination

Upon termination, your license to use the Services ends immediately. You should export any Customer Data you wish to retain before termination, as we may delete Customer Data within 90 days of account termination. Sections of these Terms that by their nature should survive termination will survive, including provisions related to intellectual property, disclaimers, limitations of liability, indemnification, and governing law.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from these Terms or your use of the Services will be resolved exclusively in the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of those courts.

Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute informally by contacting us at legal@bricklayer.ai. We will attempt to resolve the dispute within 30 days of receiving your notice. If the dispute cannot be resolved informally, either party may initiate formal proceedings as provided above.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by posting the updated Terms on our website with a new "Last Updated" date and, for significant changes, by sending email notification to your registered email address. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Services and cancel your subscription.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any subscription agreement or order form you have executed with Bricklayer.ai, constitute the entire agreement between you and Bricklayer.ai with respect to the Services and supersede all prior and contemporaneous agreements, communications, and understandings.

14.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

14.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision in the future.

14.4 Assignment

You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent. Bricklayer.ai may assign these Terms, and any rights or obligations under them, without restriction.

14.5 Contact

For questions about these Terms, please contact us at legal@bricklayer.ai or at Bricklayer.ai, Inc., 2001 Ross Avenue, Suite 700, Dallas, TX 75201.