1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", "your") and BuiltNexus.com ("BuiltNexus", "Company", "we", "us", "our"). By accessing or using our services, creating an account, or clicking "I agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.

2. Description of Services

BuiltNexus provides a cloud-based platform for managing as-built documentation, digital assets, equipment tracking, QR code access systems, and vendor coordination ("Services"). We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice.

3. Account Registration & Security

• You must be at least 18 years old to create an account.
• You must provide accurate, current, and complete registration information.
• You are solely responsible for maintaining the confidentiality of your account credentials.
• You must immediately notify us of any unauthorized access or security breach.
• You are fully responsible for all activities conducted under your account, including actions by team members and vendors you invite.
• We reserve the right to suspend or terminate accounts that violate these Terms.

4. User Content & License Grant

"User Content" means all data, files, documents, images, and other materials you upload, submit, or transmit through the Services.

• Ownership: You retain all ownership rights to your User Content.
• License to BuiltNexus: By uploading User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, display, and process your content solely to provide and improve the Services.
• Responsibility: You are solely responsible for ensuring you have the legal right to upload and share all User Content.

5. Acceptable Use Policy

You agree NOT to:

• Upload malicious code, viruses, malware, or harmful content
• Upload content that infringes intellectual property rights of others
• Upload illegal, defamatory, threatening, or obscene content
• Attempt to bypass, disable, or circumvent security controls
• Access or attempt to access other users' accounts or data
• Use automated tools to scrape, crawl, or extract data
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services for any unlawful purpose
• Resell, sublicense, or commercially exploit the Services without authorization
• Share QR access codes or passwords with unauthorized parties

6. Intellectual Property Rights

The Services, including all software, algorithms, designs, trademarks, logos, and documentation, are the exclusive property of BuiltNexus and are protected by copyright, trademark, and other intellectual property laws. No right, title, or interest in the Services is transferred to you except the limited license to use the Services as expressly permitted herein.

7. Payment Terms & Metered Billing

BuiltNexus uses a metered billing model based on the number of assets you manage. We believe in transparent pricing so you always know what you're paying for.

• Per-Asset Pricing: You are billed $20 USD per asset per month. Your total monthly charge is calculated based on the number of active assets in your account during each billing period.
• Metered Usage: Asset counts are tracked and reported to our payment processor (Stripe) at the end of each billing cycle. You will be charged for the actual number of assets managed during that period.
• Billing Cycle: Subscription fees are billed monthly in arrears based on your metered usage.
• Adding Assets: When you add new assets during a billing cycle, they will be prorated and included in your next invoice.
• Removing Assets: Removing assets will reduce your charges in subsequent billing periods. No refunds are issued for partial periods on removed assets.
• Billing Transparency: You can view your current asset count and estimated charges at any time in your account billing settings.
• All fees are non-refundable except as required by law or expressly stated otherwise.
• We reserve the right to change pricing with 30 days' notice.
• Failure to pay may result in suspension or termination of your account.
• You are responsible for all applicable taxes.

8. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BUILTNEXUS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100 USD).

10. Indemnification

You agree to indemnify, defend, and hold harmless BuiltNexus and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) any dispute between you and a third party.

11. DMCA & Copyright Policy

We respect intellectual property rights. If you believe content on our platform infringes your copyright, please send a DMCA takedown notice to legal@builtnexus.com with: (1) identification of the copyrighted work; (2) identification of the infringing material; (3) your contact information; (4) a statement of good faith belief; (5) a statement of accuracy under penalty of perjury; and (6) your physical or electronic signature.

12. Termination

• You may cancel your account at any time through the account settings.
• We may suspend or terminate your account immediately for violations of these Terms.
• We may terminate accounts with 30 days' notice for any reason.
• Upon termination, you will have 30 days to export your data, after which it may be permanently deleted.
• Sections 8-11, 13-15 survive termination.

13. Dispute Resolution & Arbitration

Informal Resolution: Before filing any claim, you agree to contact us at legal@builtnexus.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: Any dispute not resolved informally shall be resolved exclusively through binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall take place in Arizona/Phoenix, USA. The arbitrator's decision shall be final and binding.

Class Action Waiver: YOU AGREE TO RESOLVE DISPUTES ONLY ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE ARBITRATION.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles.

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and BuiltNexus.
• Severability: If any provision is held invalid, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not waive that right.
• Assignment: You may not assign these Terms without our consent. We may assign freely.
• Force Majeure: We are not liable for delays caused by circumstances beyond our reasonable control.
• Modifications: We may modify these Terms at any time. Material changes will be notified via email or prominent notice. Continued use constitutes acceptance.

16. Contact Information

For questions about these Terms, contact us at: legal@builtnexus.com

See our Privacy Policy for data handling practices.