Terms of Service

Agreement and eligibility

These Terms of Service (“Terms”) are a legal agreement between you and Buildean Inc. (“Buildean,” “we,” “us,” or “our”) for the Buildean website, mobile applications, content, and related services (collectively, the “Service”). By creating an account, joining the waitlist, purchasing a subscription, or using the Service, you agree to these Terms and our Privacy Policy.

If you use the Service for a company or other organization, you represent that you have authority to bind it. In that case, “you” includes that organization. If you do not agree, do not use the Service.

You must be at least 18 and have legal capacity to enter a binding agreement. The Service is intended for business and professional use and is not directed to children. You may use the Service only where it is lawful and only in compliance with these Terms.

Accounts and workspaces

You must provide accurate, current information and keep it updated. You are responsible for safeguarding credentials, devices, recovery methods, and all activity under your account, except to the extent caused by our breach of these Terms or applicable law. Tell us promptly at [email protected] if you suspect unauthorized use.

A workspace owner or administrator may invite users, assign roles, control access, manage billing, export workspace data, and remove users. If you join an organization’s workspace, that organization controls its workspace content and may access, modify, export, or delete information associated with it. You are responsible for assigning appropriate permissions and reviewing access when a team member’s role changes.

One person may not impersonate another, create accounts using automated means, sell or transfer an account without our written consent, or share an individual login among multiple people. We may require verification reasonably necessary to protect an account or comply with law.

Limited licence and app use

Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your internal business purposes. The mobile-app licence is limited to object-code copies installed through an authorized app store on devices you own or control, subject to applicable store usage rules and permitted family or volume-purchase arrangements.

We may provide updates, patches, or new versions. Some updates may be required for security or continued use. These Terms apply to updates unless separate terms accompany them. You may not copy, modify, distribute, lease, sell, reverse engineer, decompile, discover source code, bypass technical restrictions, or create derivative works from the Service, except where applicable law expressly allows an activity despite this restriction.

Estimates, proposals, and construction outputs

Buildean is a workflow and calculation tool. Its calculations and generated documents depend on the information, assumptions, rates, tax settings, formulas, templates, and selections supplied or approved by you. Outputs are not architectural, engineering, legal, tax, accounting, quantity-surveying, code-compliance, or other regulated professional advice.

You are solely responsible for:

• checking measurements, units, quantities, labour and material rates, supplier pricing, allowances, exclusions, markups, margins, and arithmetic;
• confirming GST, HST, PST, QST, sales-tax registration, tax treatment, currency, and invoice requirements with a qualified adviser;
• determining applicable building codes, permits, trade requirements, safety obligations, insurance, licences, and local standards;
• reviewing every estimate, proposal, invoice, email, and attachment before sending, signing, or relying on it;
• setting commercially appropriate validity periods, payment terms, scope, contingencies, and contract language; and
• maintaining independent copies of records required for your business, tax, insurance, warranty, or regulatory obligations.

We do not guarantee that a calculation is complete or error-free, that pricing is current or locally available, that a proposal will be accepted, that an estimate will match final project cost, or that a generated document forms an enforceable construction contract. Buildean does not act as contractor, estimator, architect, engineer, client, agent, broker, or payment intermediary in your dealings with anyone else.

Your content and data

You retain ownership of information, logos, files, project details, prices, estimates, and other material you submit or generate through the Service (“Customer Content”). You grant us and our service providers a worldwide, non-exclusive, limited licence to host, copy, transmit, format, display, process, and back up Customer Content only as needed to operate, secure, support, and improve the Service, comply with your instructions, and meet legal obligations. This licence ends when the content is deleted from our systems, subject to backup cycles and lawful retention described in the Privacy Policy.

You represent that you own Customer Content or have all rights, notices, permissions, and lawful authority needed for us to process it and for you to use it in proposals or communications. You must not upload confidential or personal information that is unnecessary for the Service. You are responsible for the accuracy, legality, and integrity of Customer Content and for obtaining consent before adding client, employee, subcontractor, or other third-party information.

We may create and use aggregated or de-identified information that does not reasonably identify you, a client, or an organization to operate, benchmark, secure, and improve the Service. We will not publicly disclose your identifiable project pricing or use your brand in marketing without permission.

Acceptable use

You must not, and must not help another person to:

• use the Service for fraud, deceptive bidding, collusion, unlawful discrimination, infringement, harassment, or any illegal purpose;
• upload malware, harmful code, unlawfully obtained data, or content that violates privacy, confidentiality, intellectual-property, or other rights;
• probe, scan, disrupt, overload, bypass, or gain unauthorized access to the Service, another account, or connected infrastructure;
• scrape, crawl, harvest, or use automated systems to extract data except through an API or export feature we expressly authorize;
• misrepresent an estimate as approved, certified, or prepared by a regulated professional when it was not;
• remove proprietary notices, circumvent usage limits, share entitlements, or use the Service to build a competing product; or
• use the Service in a high-risk environment where failure could reasonably cause death, personal injury, or serious property or environmental harm.

We may investigate suspected violations and remove content or restrict access where reasonably necessary to protect the Service, users, or third parties, or to comply with law. We will provide notice where practical and lawful.

Subscriptions, trials, payment, and taxes

Features and limits for each plan, billing period, currency, price, trial, and applicable tax are shown before purchase and form part of these Terms. Unless stated otherwise at purchase, paid subscriptions renew automatically for the same billing period until cancelled. The applicable store or payment provider may charge your payment method shortly before a renewal begins. Prices may change for a future renewal after notice required by law or the applicable store.

Cancel at least 24 hours before renewal through the platform where you purchased: Apple subscriptions in your Apple Account subscription settings, Google Play subscriptions in Google Play’s Subscription Center, or direct subscriptions in Buildean account settings. Deleting the app or your Buildean account does not cancel a store subscription. Cancellation stops future renewal and access normally continues until the paid period ends.

A free trial converts to a paid subscription only when that conversion and its price were disclosed before you started the trial. Cancel before the disclosed trial deadline to avoid the first charge. Except where required by law or provided by the store’s refund rules, charges are non-refundable and we do not provide credits for partial periods, unused features, or deleted accounts. Apple or Google controls refunds for purchases it processed. Nothing in this paragraph limits non-waivable consumer rights.

You authorize the applicable provider to charge recurring fees and taxes. You must keep billing information current. We may suspend paid features after notice if payment fails, while preserving access to export or retrieve Customer Content where reasonably practicable and required by law.

Additional Apple App Store terms

If you obtained the app through Apple’s App Store, you and Buildean Inc. acknowledge and agree that:

• these Terms are between you and Buildean Inc., not Apple Inc. (“Apple”), and Buildean—not Apple—is responsible for the app and its content;
• your licence is non-transferable and limited to use on Apple-branded products you own or control as permitted by the Apple Media Services Usage Rules, including any permitted Family Sharing or volume purchasing;
• Buildean Inc. is solely responsible for maintenance and support, and Apple has no obligation to provide either;
• to the extent any warranty cannot lawfully be disclaimed, Buildean Inc. is responsible for that warranty. If the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price, if any, for the app; to the maximum extent permitted by law, Apple has no other warranty obligation;
• Buildean Inc., not Apple, is responsible for addressing claims relating to the app or your possession and use of it, including product-liability, legal or regulatory, consumer-protection, and privacy claims;
• if a third party claims the app or your use of it infringes intellectual-property rights, Buildean Inc.—not Apple—is responsible for investigation, defence, settlement, and discharge of that claim;
• you are not located in a country subject to a United States government embargo or designated as a “terrorist supporting” country, and you are not listed on a U.S. government prohibited or restricted party list;
• you will comply with applicable third-party terms, including wireless-data and Apple Media Services terms; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the applicable terms against you upon your acceptance.

Questions, complaints, or claims about the app should be directed to Buildean Inc. using the contact details in Section 14.

Additional Google Play terms

If you obtained the app through Google Play, you and Buildean Inc. acknowledge and agree that:

• these Terms are between you and Buildean Inc., not Google LLC (“Google”);
• your download, installation, purchases, updates, and use are also subject to the Google Play Terms of Service and applicable Google Play policies;
• Buildean Inc., not Google, is responsible for the app, its content, maintenance, support, and claims relating to it;
• Google may provide the marketplace, billing, licence-verification, security, and update services needed to distribute the app;
• Google Play subscriptions continue until cancelled and uninstalling the app does not cancel them; and
• refunds for Google Play purchases are governed by applicable law, Google Play’s refund policy, and any additional refund we expressly approve.

Third-party services, availability, and beta features

The Service relies on providers such as Google Firebase and Google Cloud, Cloudflare, Apple, Google Play, mapping or email services, and your device or network provider. Their products may be subject to separate terms and privacy policies. We are not responsible for third-party products that we do not control, but we remain responsible for our own obligations under these Terms and applicable law.

We work to keep Buildean available, but do not promise uninterrupted operation. Maintenance, provider outages, security events, Internet conditions, or force-majeure events may affect availability. We may add, modify, or discontinue features. If a change materially reduces the core functionality of a prepaid plan, we will provide notice and any remedy required by law.

Features identified as beta, preview, early access, or experimental may be incomplete, change without notice, and have additional limits. Do not rely on beta features for critical records without an independent backup.

Ownership and feedback

The Service, software, design, templates, documentation, trademarks, and all related intellectual-property rights—excluding Customer Content—belong to Buildean Inc. and its licensors. No rights are granted except the limited licence in these Terms. If you send suggestions or feedback, you grant us a perpetual, worldwide, royalty-free right to use it without restriction or compensation, provided we do not identify you publicly without permission.

Suspension, termination, and account deletion

You may stop using the Service at any time. You may initiate account deletion through Settings → Account → Delete Account or follow our Account Deletion instructions. Before deletion, export any Customer Content you need. Account deletion is permanent after any disclosed confirmation or short recovery period and does not cancel a subscription purchased through Apple or Google.

We may suspend or terminate access if you materially or repeatedly breach these Terms, fail to pay, create security or legal risk, or use the Service unlawfully. Where reasonable, we will first notify you and allow an opportunity to cure. We may act immediately where necessary to prevent harm, protect data, or comply with law. If we terminate a prepaid subscription without cause, we will provide a pro-rata refund for the unused period unless the applicable store controls the remedy.

On termination, the licence ends and you must stop using the Service. Provisions that by their nature should survive—including payment obligations, ownership, disclaimers, liability limits, indemnity, dispute terms, and lawful data retention—remain in effect.

Disclaimers, liability, and indemnity

Service disclaimer

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” Buildean Inc. disclaims implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and quiet enjoyment. We do not warrant that the Service will be uninterrupted, secure, error-free, or suitable for a particular bid, project, jurisdiction, or professional purpose. These disclaimers do not exclude warranties or remedies that cannot lawfully be excluded.

Limitation of liability

To the maximum extent permitted by law, Buildean Inc. and its directors, officers, employees, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, opportunities, goodwill, anticipated savings, contracts, or data, arising from or related to the Service—even if advised that such loss was possible.

To the maximum extent permitted by law, our total aggregate liability arising from or related to the Service and these Terms will not exceed the greater of (a) the fees you paid to Buildean Inc. for the Service during the 12 months before the event giving rise to the claim and (b) CAD $100. This allocation applies across all theories of liability and even if a limited remedy fails of its essential purpose.

Nothing in these Terms limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, breach of privacy or confidentiality obligations to the extent the law prohibits limitation, or any statutory consumer right that cannot be waived. Some jurisdictions do not allow certain exclusions or limits, so those provisions apply only to the extent permitted there.

Business-user indemnity

If you use the Service on behalf of a business, that business will defend and indemnify Buildean Inc. and its personnel against third-party claims, damages, and reasonable costs arising from its Customer Content, its violation of law or third-party rights, or its material breach of these Terms. This obligation does not apply to the extent a claim was caused by our breach, negligence, or wilful misconduct. We will provide prompt notice and reasonable cooperation, and you may not settle a claim in a way that admits our fault or imposes an obligation on us without written consent.

Governing law and disputes

Before filing a claim, contact us with a description of the issue and requested resolution. We will try in good faith to resolve it informally within 30 days. This does not prevent either party from seeking urgent injunctive relief or filing before a limitation period expires.

These Terms are governed by the laws of Ontario and the federal laws of Canada applicable there, without regard to conflict-of-law principles. Subject to non-waivable consumer rights, the courts located in Toronto, Ontario have exclusive jurisdiction, and each party submits to those courts. If consumer law where you live gives you the right to bring a claim in your local courts or under local law, this paragraph does not take that right away.

General terms and contact

We may update these Terms to reflect changes to the Service, law, security, or business operations. We will post the new effective date and give advance notice of material changes where required. Changes do not retroactively reduce rights to paid service already received. Your continued use after the effective date constitutes acceptance; if you disagree, stop using the Service and cancel before the change takes effect.

We may send notices electronically to the account email, in the app, or through the Service. You may send legal notices to the postal and email addresses below. You may not assign these Terms without our written consent. We may assign them in connection with a merger, reorganization, or sale, provided the assignee assumes our obligations. We are not liable for delay caused by events beyond reasonable control. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains effective. These Terms, the Privacy Policy, plan details shown at purchase, and any written order form are the entire agreement about the Service; an order form controls only to the extent it expressly says so.