Terms of Service

These BuildAspect Terms of Service (these “Terms”) are a binding agreement between BuildAspect, Inc. (“BuildAspect,” “we,” “us,” or “our”) and you, the individual who creates an account on, accepts an invitation to, accesses, or uses the Service in any capacity (“User,” “you” or “your”).

By creating an account, accepting an invitation, clicking to accept these Terms, or accessing or using the Service in any capacity– whether as a paying subscriber, account administrator, invited collaborator, free-plan user, guest, or otherwise– you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

If you access or use the Service on behalf of, or at the invitation of, an organization that has entered into a separate BuildAspect Customer Agreement (the “Customer Agreement”), these Terms apply to you individually in addition to the Customer Agreement that governs your organization’s subscription. In the event of a conflict between these Terms and the Customer Agreement, the Customer Agreement controls as between BuildAspect and the subscribing organization, but these Terms remain binding on you as an individual user.

These Terms govern access to and use of BuildAspect’s websites, applications, products, software, services, browser extensions, integrations, documentation, and related offerings that reference these Terms (collectively, the “Service”).

1. Your Account

1.1 Access Credentials

You are responsible for maintaining the confidentiality and security of any credentials, authentication tokens, magic links, session links, or other access mechanisms associated with your account (collectively, “Access Credentials”). Where the Service offers password-based authentication, you must use a strong and unique password. Where the Service offers multi-factor authentication, you are encouraged to enable it. You must not share, forward, or otherwise make your Access Credentials available to any other person.

1.2 Account Activity

You are responsible for all activity that occurs under your account or through your Access Credentials, whether or not authorized by you. You agree to notify BuildAspect promptly at [email protected] if you become aware of any unauthorized access to or use of your account, or if you believe your Access Credentials have been compromised. Magic links and similar single-use or time-limited authentication links are intended solely for the individual to whom they are sent; forwarding a magic link to another person constitutes a violation of these Terms.

2. Acceptable Use and Restrictions

You agree that you will not, and will not assist or permit any third party to:

a) reverse engineer, decompile, disassemble, or attempt to discover the source code, object code, or underlying ideas, structure, or algorithms of the Service, except to the extent such restriction is prohibited by applicable law;

b) copy, modify, translate, or create derivative works of the Service, except as expressly permitted by the Service;

c) sell, resell, rent, lease, sublicense, distribute, or otherwise make the Service available to third parties, except as permitted through the Service’s collaboration features;

d) remove, obscure, or alter any proprietary notices contained in the Service;

e) access or use the Service to build, train, benchmark, or support a competing product or service;

f) interfere with or disrupt the integrity, performance, or operation of the Service, including by probing, scanning, or testing the vulnerability of the Service without BuildAspect’s prior written consent;

g) circumvent usage limits, access controls, or security protections of the Service;

h) use the Service to obtain unauthorized access to another person’s systems, data, or accounts;

i) upload or transmit malicious code, malware, viruses, or harmful content;

j) use the Service in violation of applicable law or to infringe, misappropriate, or otherwise violate any third-party rights;

k) submit content that you do not have the right to submit; or

l) use the Service to harass, abuse, stalk, threaten, defame, or otherwise violate the rights of others.

3. User Content

3.1 Ownership

You retain all right, title, and interest in and to data, information, files, images, text, documents, communications, and other materials you submit to, upload to, create in, store in, or transmit through the Service (“User Content”). By submitting User Content to the Service, you grant BuildAspect a non-exclusive, worldwide, limited right to host, copy, store, transmit, display, perform, modify, and otherwise process User Content solely as necessary to provide, operate, maintain, support, secure, and improve the Service, to prevent fraud or abuse, and to comply with applicable law.

3.2 Responsibility for User Content

You are solely responsible for the accuracy, quality, legality, and appropriateness of User Content. You represent and warrant that you have all rights, permissions, and consents necessary to submit User Content and to grant BuildAspect the rights described in these Terms, and that User Content does not violate applicable law or any third party’s rights.

3.3 Machine Learning

BuildAspect may use User Content to provide features requested by you, including automated or AI-assisted features that process User Content as part of delivering the Service.

BuildAspect may use Usage Data (as defined in Section 3.4) and User Content to develop, train, or improve artificial intelligence or machine learning models used in or for the Service, including third-party components of the Service. You authorize BuildAspect to process Usage Data and User Content for these purposes. Before use in model training or improvement, BuildAspect will use commercially reasonable, industry-standard methods to de-identify User Content. Where technically feasible and consistent with the intended training purpose, BuildAspect will also aggregate such data before use. Nothing in this Section 3.3 limits BuildAspect’s right to use User Content in non-aggregated form to deliver, operate, and improve the Service under Section 3.1.

You understand that any AI- or ML-based features may generate incomplete, inaccurate, or inappropriate results and are not a substitute for human review, professional judgment, or project-specific verification. You are responsible for reviewing all outputs before relying on them.

3.4 Usage Data

BuildAspect may collect, generate, and analyze usage, analytics, telemetry, performance, and diagnostic data relating to the operation, support, and use of the Service (“Usage Data”). BuildAspect may use Usage Data to provide, maintain, secure, support, improve, and develop the Service and related offerings.

BuildAspect may disclose Usage Data externally only in aggregated or de-identified form that does not identify you or any individual.

4. Privacy

Your use of the Service is subject to BuildAspect’s Privacy Policy (available at https://buildaspect.com/privacy), as updated from time to time, which is incorporated into these Terms by reference. Please review the Privacy Policy carefully to understand how BuildAspect collects, uses, and discloses information about you.

5. Third-Party Services

The Service may interoperate with, enable access to, or rely on products, software, content, payment processors, APIs, hosting providers, artificial intelligence providers, or services provided by third parties (collectively, “Third-Party Services”). Your use of any Third-Party Service may be subject to separate terms, privacy policies, fees, or license agreements between you and the third-party provider. You are responsible for complying with any such terms.

BuildAspect does not provide Third-Party Services and is not responsible for any Third-Party Service or any third-party provider’s acts or omissions, including unavailability, outage, failure, change, discontinuation, security issues, loss of data, or other harm arising from a Third-Party Service. BuildAspect may add, remove, suspend, or modify interoperability with any Third-Party Service at any time without liability.

6. Intellectual Property; Reservation of Rights

Except for the limited rights expressly granted in these Terms, BuildAspect and its licensors retain all right, title, and interest in and to the Service, including all related software, technology, documentation, designs, trademarks, and intellectual property rights. No rights are granted to you by implication, estoppel, or otherwise.

You may, but are not required to, provide suggestions, comments, ideas, or other feedback relating to the Service (“Feedback”). You grant BuildAspect a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free right to use, modify, disclose, and incorporate Feedback into the Service or other products or services without restriction or obligation to you.

7. Disclaimers

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE, ANY FREE ACCESS, BETA FEATURES, THIRD-PARTY SERVICES, AND ALL RELATED COMPONENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDASPECT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

BUILDASPECT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR AVAILABLE AT ALL TIMES OR THAT ALL DEFECTS WILL BE CORRECTED.

THE SERVICE IS AN INFORMATION MANAGEMENT AND COLLABORATION TOOL. IT IS NOT PROFESSIONAL ARCHITECTURAL, ENGINEERING, CONSTRUCTION, PROCUREMENT, ACCOUNTING, TAX, OR LEGAL ADVICE, AND IT IS NOT A SUBSTITUTE FOR PROJECT-SPECIFIC REVIEW, MEASUREMENT, ESTIMATING, PURCHASING, INSTALLATION, SAFETY ANALYSIS, OR PROFESSIONAL JUDGMENT. YOU ARE RESPONSIBLE FOR VERIFYING PROJECT INFORMATION, DIMENSIONS, PRODUCT DETAILS, PURCHASE DECISIONS, INSTALLATION REQUIREMENTS, AND ALL OTHER REAL-WORLD DECISIONS BEFORE ACTING ON THEM.

8. Limitation of Liability

8.1 Indirect Damages Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDASPECT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF BUSINESS, LOSS OF DATA, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8.2 General Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDASPECT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AGGREGATE FEES, IF ANY, PAID BY YOU TO BUILDASPECT FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

8.3 Exceptions

The limitations in this Section 8 do not apply to:

a) your breach of Section 2 (Acceptable Use and Restrictions);

b) your infringement, misappropriation, or other violation of BuildAspect’s intellectual property rights; or

c) liability that cannot be limited or excluded under applicable law.

8.4 Basis of the Bargain

YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS IN THESE TERMS ARE A MATERIAL PART OF THE BASIS ON WHICH BUILDASPECT MAKES THE SERVICE AVAILABLE AND THAT BUILDASPECT WOULD NOT PROVIDE THE SERVICE WITHOUT THEM.

9. Suspension and Termination

9.1 Suspension

BuildAspect may suspend your access to all or part of the Service immediately, with or without prior notice, if BuildAspect reasonably believes (based on articulable facts or circumstances documented at the time of the decision):

a) you have violated these Terms;

b) suspension is necessary to prevent harm to the Service, other users, or third parties;

c) suspension is necessary to respond to a security incident, fraud, abuse, or illegal activity; or

d) BuildAspect is required to do so by law or at the direction of a governmental authority.

Where practical, BuildAspect will use reasonable efforts to notify you before suspending access, to provide a written summary of the basis for suspension, and to restore access promptly after the issue is resolved.

9.2 Termination by User

You may stop using the Service and close your account at any time through the Service or by contacting BuildAspect at [email protected].

9.3 Termination by BuildAspect

BuildAspect may terminate your account or your access to the Service immediately upon notice if you materially violate Section 2 or use the Service in a manner that creates a material security risk or legal exposure for BuildAspect, the Service, or others.

9.4 Effect of Termination

Upon termination of your account, your right to access and use the Service will end. BuildAspect may delete User Content in accordance with its data retention practices and the Privacy Policy. Content you previously shared with other users or collaborators may remain visible to those recipients unless separately removed. If your access to the Service was provided through an organization’s subscription under a Customer Agreement, the data retention and export rights in the Customer Agreement will govern the organization’s content.

10. Confidentiality

You agree not to access, use, or disclose any non-public information about the Service, its features, security, pricing, product plans, performance, or technical details (collectively, “BuildAspect Confidential Information”) except as necessary to use the Service as permitted by these Terms. You will protect BuildAspect Confidential Information using at least reasonable care and will not disclose it to any third party, except to your employees, contractors, or advisors who have a need to know and are bound by confidentiality obligations at least as protective as this Section.

This obligation does not apply to information that: (a) is or becomes publicly available without your breach of these Terms; (b) was already lawfully known to you without confidentiality obligations; (c) is lawfully received from a third party without confidentiality obligations; or (d) is independently developed by you without use of BuildAspect Confidential Information.

11. Modifications to These Terms

BuildAspect may modify these Terms at any time. Any modification will become effective upon posting the updated Agreement on BuildAspect’s website or within the Service, and your continued access to or use of the Service after the effective date of the updated Agreement constitutes acceptance of the modified Agreement.

If you do not agree to a material modification, your sole remedy is to stop using the Service and close your account immediately.

12. General Terms

12.1 Governing Law; Dispute Resolution

These Terms and any dispute arising out of or relating to these Terms, the Service, or the relationship between you and BuildAspect will be governed by the laws of the State of Colorado, without regard to its conflict of laws principles.

Informal Resolution. Before initiating arbitration or any court proceeding (except for requests for injunctive relief), you will send a written notice of dispute to BuildAspect at [email protected] describing the claim and your proposed resolution. The parties will attempt in good faith to resolve the dispute through direct negotiation for a period of at least thirty (30) days from receipt of the notice.

Arbitration. Except for claims that qualify for small claims court and are brought on an individual basis, and requests for injunctive relief under Section 12.2, any dispute arising out of or relating to these Terms will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator in Denver County, Colorado, unless the parties agree otherwise.

You waive any right to a jury trial for any dispute subject to arbitration. To the fullest extent permitted by law, any arbitration or court proceeding must be brought only on an individual basis and not as a class, collective, representative, consolidated, or private attorney general action, and the arbitrator may not preside over any such proceeding.

Judgment on the arbitration award may be entered in any court of competent jurisdiction. Any court proceeding permitted under these Terms may be brought only in the state courts located in Denver County, Colorado, or the United States District Court for the District of Colorado, and you consent to personal jurisdiction and venue in those courts.

12.2 Injunctive Relief

Notwithstanding Section 12.1, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to protect its confidential information or intellectual property rights.

12.3 Severability and Waiver

If any term of these Terms is determined to be invalid or unenforceable, the remaining terms will remain in full force and effect. BuildAspect’s failure to enforce a term or right will not constitute a waiver of that term or right.

12.4 Entire Agreement (as to Individual Users)

These Terms, together with the Privacy Policy, and any Customer Agreement applicable to the organization through which you access the Service, constitute the complete agreement between you and BuildAspect regarding your individual use of the Service.

12.5 Export Controls and Sanctions

You may not access, use, export, re-export, or otherwise transfer the Service except as authorized by United States law and the laws of any other applicable jurisdiction. You represent and warrant that you are not, and are not owned or controlled by, or acting on behalf of, any person or entity located in, organized in, or ordinarily resident in any country or territory subject to comprehensive U.S. embargoes or sanctions, and are not identified on any U.S. government restricted-party list.

12.6 Contact

Questions about these Terms may be directed to [email protected].