Terms of Service

1. Acceptance of Terms

Welcome to EverBuild ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of EverBuild's construction coordination platform, website, and related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Services.

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use our Services. By using our Services, you represent and warrant that you meet these requirements.

2. Definitions

For purposes of these Terms:

• "Account" means your registered account with EverBuild
• "Content" means any data, information, documents, or materials you upload to or create within the Services
• "Services" means EverBuild's construction coordination platform and all related features, tools, and services
• "User" or "you" means the individual or entity using the Services
• "Subscription" means your paid plan for accessing the Services

3. Account Registration & Security

3.1 Account Creation

To use our Services, you must create an Account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your Account

3.2 Account Responsibility

You are responsible for all activities that occur under your Account. We reserve the right to suspend or terminate your Account if we detect suspicious activity or violations of these Terms.

4. Description of Services

EverBuild provides a cloud-based construction coordination platform that enables spec-home builders to:

• Coordinate and schedule construction projects
• Send automated SMS notifications to subcontractors
• Track project progress and milestones
• Store and share construction documents
• Manage team members and subcontractor information

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

5. User Responsibilities & Acceptable Use

5.1 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Upload viruses, malware, or other malicious code
• Attempt to gain unauthorized access to our systems
• Use the Services to send spam or unsolicited messages
• Harass, abuse, or harm other users
• Reverse engineer or attempt to extract source code from the Services
• Use automated systems (bots) without our permission

5.2 Compliance

You are responsible for ensuring that your use of the Services complies with all applicable construction laws, building codes, labor laws, and regulations in your jurisdiction.

6. User Content & Data

6.1 Your Content Ownership

You retain all ownership rights to your Content. We do not claim ownership of any Content you upload or create through the Services.

6.2 License to Use Your Content

By uploading Content to the Services, you grant us a limited, non-exclusive, royalty-free license to use, store, process, and display your Content solely for the purpose of providing and improving the Services.

6.3 Content Responsibility

You are solely responsible for:

• The accuracy and legality of your Content
• Maintaining backups of your Content
• Ensuring you have the right to upload and share your Content
• Any damages resulting from your Content

7. Payment Terms

7.1 Subscription Fees

Access to certain features requires a paid Subscription. You agree to pay all fees associated with your selected plan. Fees are:

• Charged in advance on a monthly or annual basis
• Non-refundable except as required by law
• Subject to change with 30 days' notice

7.2 Payment Methods

We accept payment via credit card, debit card, and other methods as displayed during checkout. By providing payment information, you authorize us to charge your payment method for all fees.

7.3 Failed Payments

If payment fails, we may suspend your access to the Services until payment is received. We reserve the right to terminate your Account after repeated payment failures.

7.4 Cancellation & Refunds

You may cancel your Subscription at any time. Cancellations take effect at the end of your current billing period. We do not provide refunds for partial months or unused time, except as required by law.

8. SMS Communication Terms

Our Services include SMS notification features. By using these features, you agree that:

• You have obtained consent from all recipients before sending them SMS messages
• Standard message and data rates from your carrier may apply
• Recipients can opt-out by replying STOP to any message
• You will comply with the Telephone Consumer Protection Act (TCPA) and all SMS regulations
• You will not send unsolicited or spam messages

You are solely responsible for ensuring compliance with all SMS and telecommunications laws.

9. Intellectual Property Rights

The Services, including all software, designs, text, graphics, logos, and other content (excluding your Content), are owned by EverBuild and protected by copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your business purposes. This license does not include any right to:

• Reproduce, modify, or create derivative works
• Sell, resell, or commercially exploit the Services
• Reverse engineer or decompile the Services
• Remove or modify any copyright or trademark notices

10. Service Modifications & Availability

We reserve the right to:

• Modify or discontinue any aspect of the Services
• Perform maintenance that may temporarily interrupt service
• Update features, functionality, and pricing

While we strive for 99.9% uptime, we do not guarantee uninterrupted or error-free service. We are not liable for any service interruptions or data loss.

11. Termination

11.1 Termination by You

You may terminate your Account at any time by contacting us at [email protected]. Termination takes effect at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your Account immediately if:

• You violate these Terms
• Your payment fails
• We suspect fraudulent or illegal activity
• Required by law

11.3 Effect of Termination

Upon termination, your access to the Services will cease. We will retain your Content for 90 days to allow you to export it, after which it will be permanently deleted. Provisions of these Terms that by their nature should survive termination will survive.

12. Disclaimers of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the Services will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy or reliability of any information obtained through the Services

Construction Project Disclaimer: EverBuild is a coordination tool only. We are not responsible for construction quality, safety compliance, building code adherence, or project outcomes. You remain solely responsible for all construction decisions and project management.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERBUILD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

This includes damages arising from:

• Use or inability to use the Services
• Service interruptions or data loss
• Construction project delays or failures
• Errors in scheduling or notifications
• Unauthorized access to your Account or Content

Our total liability for any claims arising from these Terms or the Services shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

14. Indemnification

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

• Your use of the Services
• Your violation of these Terms
• Your violation of any law or rights of third parties
• Your Content or construction projects
• Your SMS messages sent through the Services

15. Dispute Resolution

15.1 Governing Law

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

15.2 Dispute Resolution Process

Before filing any legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally.

15.3 Venue

Any legal action or proceeding arising from these Terms shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the jurisdiction of such courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and EverBuild regarding the Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms at any time without notice.

16.5 Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

16.6 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, pandemics, or failures of third-party services.

17. Contact Information

If you have questions about these Terms, please contact us: