This Subscription Agreement is entered into By BuildMan Construction Technologies, Inc. (“BuildMan ”), a Delaware corporation, having its principal place of business at 4600 McAuley Place Suite 400, Blue Ash, Ohio 45242, and you, the “User”. The term “User” refers to the person who completed the registration process and their associated business entity. By logging in and continuing to use BuildMan , User represents that he or she is over 18 years old and is a legal entity in the commercial construction industry and agrees to abide by the following terms and conditions.
2.1 Subject to User’s compliance with the terms of this Agreement, BuildMan will allow User to subscribe to and use BuildMan ’s web application (the “App”). User, upon subscription, must pay the appropriate App access fees to BuildMan . User’s access to App will be limited to the type of access and the number of persons allowed based on the subscription fee paid by the User. A license is defined as a unique user id and password which is to be assigned to one employee or associate of the User for the purpose of signing in to the App.
2.2 BuildMan shall not be responsible for delays or service interruptions attributable to causes beyond its reasonable control, including limitations on the availability of telephone transmission lines and facilities, failures of other communications equipment, Internet access delays or failures, failures or deficiencies of User’s equipment, or User’s failure to meet its responsibilities under this Agreement. See item 12 of this agreement for the specific terms of the “Uptime Guarantee”.
3.1 BuildMan has incorporated various computer software programs (“Applications”) into the App. Subject to the terms and conditions of this Agreement, BuildMan grants User a personal, nonexclusive, and nontransferable license to use the Applications for User’s own construction business needs only on an on-line basis in connection with User’s use of App. This license shall terminate upon the termination of this Agreement.
3.2 User acknowledges that the Applications, including associated report formats, screen displays, and menu features, and all derivative works are owned by or licensed to BuildMan . The Applications and all copies, versions, and derivative works of the Applications shall remain the sole property of BuildMan and/or its licensors. User shall not make and shall not permit anyone else to make any copies of the Applications, except as necessary in connection with its authorized use of the App.
3.3 User shall not decompile or otherwise reverse engineer or decode the Applications. User shall not take or refrain from taking, directly or indirectly, any action that may in any way lead to the unauthorized dissemination, reproduction, or use of Applications.
3.4 Documents contained on the App are copies of originals held by the Architect or Engineer. In any instance where conflicting information is found between the documents on the App and the originals, the original documents will control. The presence of project information and/or documents on the App in no way obligates the Architect, Engineer or owner to provide additional or updated bidding documents released as addenda to BuildMan .
3.5 User’s obligations under this Section 4 shall survive termination of this Agreement. User acknowledges that a breach of its obligations under this Section 4 will cause irreparable harm to BuildMan , and/or their licensors for which monetary damages would be inadequate. BuildMan and/or their licensors will be entitled to injunctive relief for any such breaches, threatened or actual.
4.1 User is responsible for (a) acquiring, installing, and maintaining computer equipment and computer software programs at its premises compatible with and as necessary to use App, (b) obtaining access to the Internet, and (c) downloading from App and installing any necessary plug-ins. All fees associated with these items are the responsibility of the User.
4.2 User is responsible for complying with all federal, state and local laws and regulations when using the Applications and the App, including, but not limited to, complying with The Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 and 47 C.F.R. § 64.1200, as amended from time to time.
4.3 User grants permission for BuildMan to communicate with User via email, text message, facsimile or telephone from time to time and as needed for all issues related to the App, including but not limited to support, training, updates, or other business purposes.
5.1 User is responsible for (a) acquiring, installing, and maintaining computer equipment and computer software programs at its premises compatible with and as necessary to use App, (b) obtaining access to the Internet, and (c) downloading from App and installing any necessary plug-ins. All fees associated with these items are the responsibility of the User.
5.2 User is responsible for complying with all federal, state and local laws and regulations when using the Applications and the App, including, but not limited to, complying with The Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 and 47 C.F.R. § 64.1200, as amended from time to time.
5.3 User grants permission for BuildMan to communicate with User via email, text message, facsimile or telephone from time to time and as needed for all issues related to the App, including but not limited to support, training, updates, or other business purposes.
No fees are incurred during the Trial Period, if such a period exists, or by users of a free subscription offering, if such an offering exists. Subscription fee is due, upon registration, beginning with the Effective Date. Each paid subscription fee to an individual App entitles the User to a single license to that App. User agrees to pay all fees at the rates in effect when the charges were incurred. BuildMan will be entitled to change these fees at any time by posting new fee rates on-line at BuildMan ct.com or notifying the User by email. User shall pay all amounts due under this Agreement, except those disputed in good faith, upon receipt of the invoice to the address designated on the invoice. User shall pay a monthly service charge of 1½% on all such amounts not paid within 30 days of the invoice date.
7.1 This agreement can be terminated by the User with 30 days notice upon expiration of the initial subscription period selected during the Purchase Process. No portion of User’s subscription fees will be refunded upon early termination of this Agreement. This Agreement shall automatically renew for successive renewal terms of one (1), twelve (12) or thirty-six (36) months each, depending upon the User’s choice and subscription fees shall be automatically charged to previously used credit card information if available, unless User provides 30 day notice to BuildMan prior to the end of the renewal term. User will be charged the subscription fees in effect at the time of renewal.
7.2 No termination of this Agreement or suspension of access to the App shall release User from any obligation to pay BuildMan any amount that has accrued or becomes payable at or prior to the date of termination. User shall not be entitled to any refund of any fees paid to BuildMan as a result of a termination.
8.1 User shall indemnify and hold BuildMan and it’s affiliates harmless from any claims, liabilities or other damages (including reasonable attorney’s fees) resulting from User’s use of the App, or the use of the App by anyone authorized by User to access the App. User shall indemnify and hold BuildMan harmless from any claims, liabilities or other damages (including reasonable attorney’s fees) for actual or alleged infringement of intellectual property rights in connection with User’s use of any App beyond the scope of this agreement, including, without limitation, any unauthorized use of the Drawings. User shall also indemnify and hold BuildMan harmless from any claims, liabilities or other damages (including reasonable attorney’s fees) resulting from User’s use of the App, which use is in violation of any applicable federal, state or local law or regulation.
8.2 The total cumulative liability of BuildMan for all claims, whether in contract, tort, or otherwise, arising out of, connected with, or resulting from use of the App shall not exceed the amounts paid by User to BuildMan under this Agreement during the 12 months immediately preceding the claim.
8.3 BuildMan SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY ERRORS OR OMISSIONS IN ANY APP OR OTHER INFORMATION PROVIDED THROUGH THE APP OR BY DELAYS IN OR INTERRUPTIONS OF ACCESS TO THE APP.
8.4 BuildMan SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE,OR LOST SAVINGS OR GOOD WILL, OR CLAIMS OF USER’S CUSTOMERS, SUBCONTRACTORS OR SUPPLIERS, EVEN IF BuildMan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Service Availability Guarantee
BuildMan offers a service uptime guarantee for the Services of 99.9% (“Service Uptime”) of available time. If BuildMan fails to maintain this level of service availability, you may contact BuildMan and request a credit for the time that your service was unavailable to you. The credit may be used only for the purchase of further products and services from BuildMan , and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:
1. periodic scheduled maintenance or repairs BuildMan may undertake from time to time
2. outages that affect only the User or the User’s computer, network or Internet Service Provider
3. power outages or acts of Nature beyond the control of BuildMan
Ultimately the total service uptime shall be solely determined by BuildMan and shall be calculated on a prorated monthly basis.