Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PineBuild ("Company," "we," "our," or "us") governing your access to and use of the PineBuild construction and project management software platform, including our website, mobile applications, APIs, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

2. Description of Service

PineBuild is a cloud-based construction and project management software platform that provides tools for:

• Estimating and bid management
• Quote generation and customer management
• Job tracking and project management
• Change order and progress claim processing
• Field worker time tracking with GPS verification
• RFI and submittal management
• Financial reporting and accounting integration
• Third-party integrations (including QuickBooks)

The Service is provided as a multi-tenant software-as-a-service (SaaS) platform. Each customer organization ("Tenant") operates within an isolated environment with separate data storage.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information to maintain its accuracy.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Ensuring that authorized users comply with these Terms

3.3 User Accounts and Roles

Account administrators may create additional user accounts with various permission levels (Admin, Estimator, Project Manager, Field Worker). Administrators are responsible for managing user access and permissions within their organization.

3.4 Field Worker Authentication

Field workers may authenticate using PIN-based access for mobile time clock features. Administrators are responsible for issuing and revoking PINs and ensuring proper use of the time tracking system.

4. Subscription and Payment

4.1 Subscription Plans

Access to the Service requires a paid subscription. Subscription details, including features and pricing, are provided during the sign-up process and may vary based on your selected plan.

4.2 Free Trial

We may offer free trial periods. During the trial, you have access to the Service without charge. At the end of the trial, you must subscribe to continue using the Service. Trial accounts and demo accounts may be automatically deleted after the trial period.

4.3 Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). All fees are non-refundable except as required by law or as explicitly stated in these Terms.

4.4 Price Changes

We reserve the right to modify pricing with 30 days' notice. Price changes will take effect at the start of your next billing cycle.

4.5 Taxes

Fees do not include applicable taxes. You are responsible for all taxes associated with your use of the Service.

5. Permitted Use and Restrictions

5.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

5.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may:

• Create, store, and manage business data related to your construction projects
• Generate reports, quotes, and invoices for your business operations
• Connect authorized third-party integrations
• Grant access to authorized employees and contractors

5.3 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Service for any fraudulent or deceptive purposes
• Attempt to gain unauthorized access to the Service or other accounts
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble the Service
• Copy, modify, or create derivative works of the Service
• Resell, sublicense, or redistribute the Service without authorization
• Remove or alter any proprietary notices or labels
• Upload malicious code, viruses, or harmful content
• Harvest or collect user information without consent
• Use automated systems to access the Service without permission
• Circumvent security measures or usage limits
• Use the Service to store or transmit illegal content

6. Your Data

6.1 Ownership

You retain all rights to the data you submit to the Service ("Your Data"). We do not claim ownership of Your Data.

6.2 License to Your Data

You grant us a limited license to use, store, process, and display Your Data solely to provide and improve the Service. This license terminates when you delete Your Data or close your account.

6.3 Data Responsibility

You are responsible for:

• The accuracy and legality of Your Data
• Obtaining necessary consents to store and process personal information
• Maintaining appropriate backups of critical data
• Complying with data protection laws applicable to Your Data

6.4 Data Export

You may export Your Data at any time using the export features provided in the Service. Upon account termination, you will have a reasonable period to export Your Data before it is deleted.

6.5 Data Security

We implement industry-standard security measures to protect Your Data. However, no system is completely secure. See our Privacy Policy for details on our security practices.

7. Third-Party Integrations

7.1 Integration Services

The Service allows integration with third-party services, including QuickBooks by Intuit. When you enable an integration:

• You authorize us to access and exchange data with the third-party service
• You agree to the third-party's terms of service and privacy policy
• Data shared with third parties is governed by their policies

7.2 QuickBooks Integration

The QuickBooks integration enables synchronization of financial data between PineBuild and your QuickBooks account. By connecting QuickBooks:

• You authorize access to your QuickBooks company data
• We will access customer lists, chart of accounts, and invoice data
• You can disconnect the integration at any time
• Demo accounts use QuickBooks sandbox environment; production accounts use production environment

QuickBooks is a registered trademark of Intuit Inc. Our use of the QuickBooks API is subject to Intuit's Platform Terms of Service.

7.3 Third-Party Disclaimer

We are not responsible for the availability, accuracy, or functionality of third-party services. Your use of third-party integrations is at your own risk.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its design, features, content, and underlying technology, is owned by PineBuild and protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or branding without written permission.

8.2 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a non-exclusive, perpetual, irrevocable license to use such feedback without obligation to you.

9. Disclaimers and Limitations of Liability

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Guarantee

We do not guarantee that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from using the Service will be accurate or reliable
• Any errors will be corrected

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINEBUILD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR USE OR INABILITY TO USE THE SERVICE
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY
• ANY OTHER MATTER RELATING TO THE SERVICE

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.4 Essential Basis of Agreement

The limitations and disclaimers in this section are an essential basis of the agreement between us. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

10. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Data or content you submit
• Your negligence or willful misconduct

11. Termination

11.1 Termination by You

You may cancel your subscription at any time. Cancellation will take effect at the end of your current billing period. You remain responsible for any outstanding fees.

11.2 Termination by Us

We may suspend or terminate your access to the Service:

• For violation of these Terms
• For non-payment of fees
• If required by law
• If we discontinue the Service (with reasonable notice)

11.3 Effect of Termination

Upon termination:

• Your right to access the Service immediately ceases
• You will have a limited period to export Your Data
• We may delete Your Data after the retention period
• Provisions that should survive termination will remain in effect

12. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes by:

• Posting the updated Terms on our website
• Sending notice to your registered email address
• Displaying a notice within the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree, you must stop using the Service.

13. Modifications to Service

We reserve the right to:

• Modify or discontinue features of the Service
• Update, upgrade, or change the Service
• Impose limits on certain features or access

We will provide reasonable notice of material changes that significantly impact your use of the Service.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to its conflict of law principles.

14.2 Dispute Resolution

Any disputes arising from these Terms or the Service shall be resolved through:

1. Negotiation: The parties will first attempt to resolve disputes through good-faith negotiation.
2. Mediation: If negotiation fails, the parties will attempt mediation.
3. Litigation: If mediation fails, disputes shall be submitted to the courts of Alberta, Canada.

14.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and PineBuild regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.

15.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

15.4 Assignment

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

15.5 Force Majeure

We shall not be liable for any failure or delay caused by circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages.

15.6 Notices

Notices to you will be sent to your registered email address. Notices to us should be sent to the contact information below.

16. Contact Information

For questions about these Terms of Service, please contact us: