Terms of Service

BuildProof provides a multi-tenant SaaS platform for payment-requisition compliance: pay-application assembly and scoring, requirement tracking, insurance and lien-waiver compliance, draw review, payment confirmation, architect certification, change orders as schedule-of-values changes, and document control. AI agents draft, summarize, classify, and route information. The platform is a record-keeping and workflow tool. It is not a replacement for licensed professional services.

BuildProof, its officers, employees, contractors, investors, and affiliates carry no project liability of any kind. We are not the general contractor, the construction manager, the design professional, the engineer of record, the architect of record, the permit-holding entity, the qualifier, or the licensed party for any project recorded on the platform. We do not perform construction, engineering, design, code analysis, structural review, geotechnical work, MEP design, building-envelope analysis, life-safety review, permitting, code inspection, surveying, or any other licensed professional service.

BuildProof carries no professional liability. No professional services are being rendered by us. Our subscription pricing reflects a software license, not a professional engagement. You acknowledge we do not carry, and are not required to carry, errors-and-omissions or professional-liability insurance covering any project decision, design decision, construction defect, schedule decision, payment decision, insurance decision, or risk decision recorded in or surfaced by the platform.

You assume all risk. You and your licensed professionals are solely responsible for the accuracy, completeness, code-compliance, constructability, and safety of every decision, document, and action taken on or from the platform.

The platform uses third-party large-language-model providers to draft scope sheets, parse documents, classify messages, summarize meetings, suggest insurance gaps, generate RFI and submittal text, draft change orders, draft owner communications, and similar tasks. AI output may be wrong, incomplete, hallucinated, out of date, or misaligned with the contract, the drawings, the specifications, the building code, the jurisdictional rules, or the insurance policy in question.

AI output is a draft for your professional to review. It is not legal advice, engineering advice, architectural advice, insurance advice, financial advice, accounting advice, or construction-administration advice. Do not act on AI output without independent professional verification by a qualified, licensed person responsible for the underlying work.

The platform may parse certificates of insurance (COIs), policy declarations, and endorsements; flag missing endorsements (including but not limited to Action-Over, Waiver of Subrogation, Additional Insured wording, Per-Project Aggregate, Primary & Non- Contributory, NY Labor Law triggers, OCIP/CCIP coordination); compute coverage gaps; and score readiness for payment release.

These outputs are evidence only. They are not insurance advice and they are not binding underwriting determinations. Coverage interpretation requires the licensed broker, the carrier's underwriter, or qualified counsel. We do not warrant that flagged gaps are exhaustive, that unflagged policies are compliant, that endorsement language has been correctly identified, or that the policy in force at the time of loss matches the policy on file. Binding decisions about whether coverage is adequate or whether to release payment are made by the licensed parties, not by BuildProof.

Draw readiness scores, lien-waiver chains, photo evidence summaries, and bank packets are organizational tools. They do not constitute a determination that funds should or should not be disbursed. The construction lender, the construction manager, and the title company (where applicable) remain solely responsible for funding decisions, lien releases, and disbursement timing under the loan documents and applicable state mechanic's-lien law.

The platform is provided "as-is" and "as-available" with no warranty of uptime, availability, accuracy, completeness, fitness for a particular purpose, or suitability for any specific project, jurisdiction, or use case. We may experience outages, data delays, integration failures, sync errors, ingestion errors, AI provider failures, mis-classifications, mis-routings, or data loss. We make no guarantee about response time, recovery time, or notification time.

You are responsible for maintaining independent records and for not relying solely on the platform. Critical project decisions, statutory notices, lien deadlines, insurance renewal dates, contractual cure periods, and similar time-sensitive obligations must be tracked and verified independently by you and your professionals. A platform outage, error, missed notification, or AI mistake does not extend any deadline, waive any obligation, or create any liability for BuildProof.

BuildProof is not responsible for the acts, omissions, breaches, defaults, fraud, insolvency, license lapses, insurance lapses, work quality, code violations, safety violations, schedule defaults, or payment defaults of any builder, subcontractor, owner, architect, engineer, bank, broker, carrier, supplier, inspector, or other user of the platform. The platform records information; it does not vouch for it.

To the maximum extent permitted by law, BuildProof shall have no liability of any kind arising from or related to (a) any project recorded on the platform; (b) any decision made by any user; (c) any AI output, summary, classification, or recommendation; (d) any insurance gap, coverage dispute, or denial of coverage; (e) any construction defect, delay, cost overrun, injury, or property damage; (f) any draw release or non-release; (g) any platform error, outage, or downtime; (h) any breach by another user; (i) any third-party service failure (Anthropic, Base44, Stripe, Telnyx, CompanyCam, etc.); or (j) any reliance placed on platform output without independent professional verification.

You agree not to name, join, implead, or attempt to bring BuildProof (or any of its officers, employees, contractors, investors, or affiliates) into any litigation, arbitration, mediation, claim, lien proceeding, insurance proceeding, or government proceedingarising from or related to a project recorded on the platform, except to the limited extent required by law and only after exhausting the dispute-resolution process in Section 11. If you do bring such a proceeding, our aggregate liability is capped at the lesser of (i) the fees you paid us in the twelve months preceding the claim, or (ii) one thousand United States dollars ($1,000). In no event are we liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, business interruption, or third-party claims, even if advised of the possibility.

You agree to defend, indemnify, and hold harmless BuildProof and its officers, employees, contractors, investors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, fees, and expenses (including reasonable attorneys' fees) arising from or related to (a) your use of the platform; (b) any content, document, AI prompt, AI output, or decision recorded on or made via the platform by you or your team; (c) any project for which you are using the platform; (d) any third-party claim against BuildProof by an owner, lender, sub, broker, carrier, inspector, regulator, or other party related to a project for which you used the platform; and (e) your breach of these Terms.

You acknowledge and agree that:

• You hold (or your project entity holds) the appropriate construction, design, and professional licenses required for the work in the applicable jurisdiction.
• You carry your own commercial general liability, professional liability, workers compensation, and project-specific insurance as required by law and contract.
• Every scope sheet, RFP, subcontract, RFI, submittal, change order, draw, lien waiver, COI assessment, schedule update, and AI-generated artifact will be reviewed and verified by the licensed professional responsible for the work before being acted on or transmitted to a third party.
• You will not rely on the platform as the sole source of truth for any time-sensitive statutory, contractual, or insurance obligation.
• You will not represent to any third party that BuildProof has reviewed, approved, certified, warranted, or vouched for any project, person, or document.

These Terms are governed by the laws of the State of Delaware, without regard to its conflicts-of-law principles. Any dispute, claim, or controversy arising from or relating to these Terms or the platform shall be resolved exclusively by binding arbitration administered by JAMS under its Streamlined Arbitration Rules in Wilmington, Delaware, before a single arbitrator. You waive any right to a jury trial and any right to participate in a class action, collective action, or representative proceeding. The prevailing party is entitled to recover reasonable attorneys' fees and costs.

We may update these Terms from time to time. Continued use of the platform after a change constitutes acceptance. Material changes will be announced via the platform or email.

Questions about these Terms: legal@buildproof.com.