Terms of Service

1. Agreement to Terms

By accessing or using BuilderBase ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service. These Terms apply to all users of the Service, including but not limited to construction companies, contractors, project managers, staff members, and clients.

2. Description of Service

BuilderBase is a cloud-based construction project management platform that provides tools for project tracking, estimating, invoicing, staff management, file storage, reporting, and related business functions for the construction industry.

Infrastructure: Our Service operates on Google Cloud Platform and Firebase infrastructure. By using our Service, you acknowledge that your data will be processed and stored on servers managed by Google Cloud Platform, located in data centers that may be in New Zealand, Australia, or other regions as determined by Google's infrastructure.

3. Data Ownership and Responsibility

3.1 Your Data Ownership

You retain full ownership of all data you input into the Service. This includes but is not limited to project information, client data, financial records, estimates, invoices, files, photos, documents, staff records, and all other content ("Your Data"). BuilderBase claims no ownership rights over Your Data.

3.2 Data Storage and Infrastructure

Your Data is stored using Firebase and Google Cloud Platform services. While we implement industry-standard security measures and Google provides robust infrastructure reliability, you acknowledge that:

• Data storage is dependent on Google Cloud Platform's infrastructure and availability
• While rare, cloud service outages, data loss, or corruption can occur
• We maintain database backups through Firebase/Google Cloud automated systems
• You are ultimately responsible for maintaining your own independent backups of critical business data

3.3 Backup Services and Recommendations

Data Export and Backup Options:

• Paid Data Export: You can export your complete company data in JSON format through Company Settings → Export Data. This feature is available for a small fee and allows you to download your entire database to your local computer or network storage for backup purposes
• Your Responsibility: You are responsible for regularly exporting and storing your data backups in a secure location. We recommend establishing a regular backup schedule (weekly or monthly) based on your business needs
• Local Storage: Downloaded backups should be stored on your company's local drives, network storage, or external backup systems under your control

CRITICAL: While we take data protection seriously and employ industry-standard practices, BuilderBase is not responsible for data loss regardless of cause. Maintaining adequate backups through regular exports is your responsibility as a business owner.

4. User Accounts and Security

4.1 Account Registration

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

4.2 User Roles and Access

The Service provides role-based access control (Owner, Admin, Staff). You are responsible for:

• Properly configuring user roles and permissions
• Monitoring user access and activity
• Promptly removing access for terminated employees
• Any actions taken by users with access to your account

4.3 Account Security

You must immediately notify us of any unauthorized use of your account. We are not liable for any loss resulting from unauthorized account access due to your failure to maintain account security.

5. Acceptable Use

5.1 Permitted Use

The Service is intended for legitimate business purposes in the construction industry. You may use the Service to manage projects, clients, staff, financials, and related business operations.

5.2 Prohibited Use

You agree NOT to:

• Upload malicious code, viruses, or harmful software
• Attempt to gain unauthorized access to the Service or other users' data
• Use the Service for any illegal purpose or in violation of any laws
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or attempt to extract source code
• Resell, lease, or provide the Service to third parties without authorization
• Upload content that infringes intellectual property rights
• Store or transmit personally identifiable information of individuals without proper consent

6. Subscription and Payment

6.1 Subscription Plans

The Service is provided on a subscription basis with various pricing tiers. Current pricing is available on our website. Prices are in New Zealand Dollars (NZD) and include GST where applicable.

6.2 Billing and Payments

Subscription fees are billed in advance on a monthly or annual basis. You authorize us to charge your designated payment method. If payment fails, we may suspend or terminate your access to the Service.

6.3 Price Changes

We reserve the right to change our pricing with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6.4 Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. We do not provide refunds for partial months or unused time. Upon cancellation, you will retain access until the end of your paid period, after which your account will be deactivated.

6.5 Data Retention After Cancellation

After cancellation, your data will be retained for 90 days to allow for possible reactivation. After 90 days, your data may be permanently deleted. You are responsible for exporting your data before cancellation.

7. Service Availability and Support

7.1 Service Availability

While we strive for high availability, the Service is provided "AS IS" and "AS AVAILABLE"without any guarantees of uptime or availability. Service interruptions may occur due to:

• Scheduled maintenance (we will provide advance notice when possible)
• Emergency maintenance or security updates
• Google Cloud Platform or Firebase service disruptions
• Internet connectivity issues
• Force majeure events beyond our control

7.2 No Uptime Guarantee

We do not guarantee any specific uptime percentage. While our infrastructure provider (Google Cloud Platform) maintains high reliability, we are not liable for any business losses, project delays, or damages resulting from service unavailability.

7.3 Support

Support is provided via email and in-app chat during business hours (New Zealand time). Response times vary based on issue complexity and current support volume. We do not guarantee specific response or resolution times.

8. Third-Party Integrations

8.1 Xero Integration

If you connect your Xero account, you grant us permission to sync data between BuilderBase and Xero as configured. You are responsible for maintaining your Xero account and ensuring proper account mappings. We are not responsible for data sync errors or issues arising from Xero API changes or service disruptions.

8.2 AI Services (Google Gemini)

Our Service uses Google's Gemini AI for features such as chatbot support and data analysis. By using AI features, you acknowledge that data may be processed by Google's AI services. We do not train AI models on your proprietary business data.

8.3 Third-Party Services

We are not responsible for the availability, accuracy, or performance of third-party services. Your use of third-party services is subject to their respective terms and privacy policies.

9. Limitation of Liability

9.1 No Liability for Business Losses

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BuilderBase SHALL NOT BE LIABLE FOR:

• Loss of profits, revenue, or business opportunities
• Project delays or missed deadlines
• Loss of data, even if we were advised of the possibility
• Errors in financial calculations, reports, or estimates
• Incorrect invoicing or billing amounts
• Failure to backup data
• Third-party service failures (Google Cloud, Xero, etc.)
• Unauthorized access to your account due to your security failures
• Actions taken based on information from the Service
• Any indirect, incidental, special, consequential, or punitive damages

9.2 Maximum Liability Cap

Our total liability to you for any claim arising from or related to the Service shall not exceed the total amount paid by you to BuilderBase in the 12 months prior to the claim, or NZD $1,000, whichever is less.

9.3 Critical Business Functions

The Service is not designed for critical business functions where failure could result in death, personal injury, or severe environmental damage. You should not rely solely on the Service for critical business decisions without independent verification.

9.4 Accuracy of Information

While we strive for accuracy in calculations, reports, and data processing, you are responsible for verifying the accuracy of all information generated by the Service, including but not limited to financial calculations, estimates, invoices, and reports. We are not liable for errors or omissions.

10. Indemnification

You agree to indemnify, defend, and hold harmless BuilderBase, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Content you upload or transmit through the Service
• Your failure to maintain adequate backups
• Unauthorized access to your account due to your security negligence

11. Intellectual Property

11.1 Our IP

The Service, including its software, design, trademarks, and all related intellectual property, is owned by BuilderBase or its licensors. You receive a limited, non-exclusive, non-transferable license to use the Service during your subscription period.

11.2 Your IP

You retain all rights to Your Data and content. By using the Service, you grant us a license to host, store, and process Your Data solely to provide the Service to you.

12. Termination

12.1 Termination by You

You may terminate your subscription at any time through your account settings or by contacting support.

12.2 Termination by Us

We may suspend or terminate your access immediately, without notice, for:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• Abuse of the Service or support resources
• Risk to the Service or other users

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. You should export Your Data before termination. We may delete Your Data 90 days after termination.

13. Compliance and Legal Requirements

13.1 Your Compliance Obligations

You are responsible for ensuring your use of the Service complies with all applicable laws, including:

• New Zealand Privacy Act 2020
• Tax and GST requirements
• Employment laws for staff data
• Construction industry regulations
• Client data protection and consent requirements
• Financial record-keeping requirements

13.2 Tax Calculations

While the Service provides GST calculations and financial reporting, you are responsible for ensuring accuracy and compliance with tax laws. We recommend consulting with a qualified accountant. We are not liable for tax calculation errors.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-app notification. Continued use of the Service after changes constitutes acceptance of the new Terms.

15. Governing Law and Disputes

15.1 Governing Law

These Terms are governed by the laws of New Zealand. Any disputes shall be subject to the exclusive jurisdiction of the courts of New Zealand.

15.2 Dispute Resolution

Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good faith negotiations. If negotiations fail after 30 days, either party may pursue legal remedies.

16. Miscellaneous

16.1 Entire Agreement

These Terms constitute the entire agreement between you and BuilderBase regarding the Service and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

16.3 No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

17. Contact Information

For questions about these Terms, please contact us at: