Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of BuilderMaxPro (the "Service"), operated by BuilderMaxPro, LLC ("Company," "we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to these Terms.

2. Service Description

BuilderMaxPro provides contractor workflow software, including estimate/project tools and Texas-focused payment-protection/lien-support workflows.

4. Texas Scope Notice

Current lien-workflow support is Texas-focused. Legal requirements vary by jurisdiction and project facts.

5. Accounts and Acceptable Use

• You are responsible for account credentials and activity under your account.
• You must provide accurate and current account information.
• You may not use the Service for unlawful, fraudulent, or abusive activity.
• You may not reverse engineer, decompile, or attempt unauthorized access.

6. Subscriptions, Evaluation, Billing, and Plan Allocations

• 14-day free trial for new accounts (subject to plan terms and verification requirements).
• Monthly plans: cancel anytime; no partial-month refunds.
• Annual plans: pro-rated refund available within first 30 days.
• Setup/implementation fees are non-refundable unless expressly stated.
• Plan allocations (projects, estimates, users, storage) are tier-based and may be expanded via add-ons where offered.
• Published plan allocations are operational caps, not guaranteed throughput, and may be adjusted with notice.
• Non-payment may result in suspension/termination.

6A. Storage Limits and Expansion Policy

• Starter includes 10 GB, Pro includes 75 GB, and Enterprise includes 300 GB of document storage.
• "Expandable storage available" means paid storage add-ons may be purchased where offered and approved under your account.
• Storage add-on pricing, increments, and eligibility are defined in your order form or in-app billing terms at purchase time.
• If your account reaches a storage cap, uploads may be limited until capacity is increased or data is removed.
• Storage overages, retention windows, and restoration requests are handled under your current plan and billing terms.

7. Website Add-On Terms (Pro/Enterprise)

Any included business website setup is delivered through a partner scope. Hosting, upgrades, and custom work are billed under separate partner terms and pricing.

8. Intellectual Property and User Content

Platform IP remains BuilderMaxPro’s. You retain ownership of your submitted content and grant BuilderMaxPro a limited license to process/store/display it to operate the Service.

9. Warranty Disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDERMAXPRO IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

TOTAL LIABILITY IS LIMITED TO THE GREATER OF (A) AMOUNTS PAID IN THE PRIOR 12 MONTHS OR (B) USD $100.

11. Indemnification

You agree to defend, indemnify, and hold harmless BuilderMaxPro from claims arising from your use of the Service, submitted content, generated documents, or Terms violations.

12. Termination and Suspension

We may suspend/terminate for non-payment, abuse/fraud, security risk, legal compliance, or material breach.

After termination notice, you will have up to 30 days to request data export where legally/technically available.

13. DMCA and Copyright

We maintain a repeat-infringer policy and support DMCA notices/counter-notices.

DMCA Contact:
Email: dmca@buildermaxpro.com
Mailing details: available upon written request.

14. Dispute Resolution (Arbitration)

Disputes are resolved by binding arbitration under AAA Commercial Arbitration Rules in Houston, Texas, except where applicable law requires otherwise.

CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY LAW, CLAIMS MUST BE BROUGHT INDIVIDUALLY, NOT AS A CLASS OR REPRESENTATIVE ACTION.

• Parties should attempt informal resolution after written notice.
• Each party waives jury trial where waiver is enforceable.
• Temporary injunctive relief may be sought in Harris County courts where permitted.
• Eligible small-claims matters may proceed in small-claims court.

15. Governing Law

These Terms are governed by Texas law, without regard to conflict-of-law rules.

16. Changes to Terms

Material changes will be communicated with at least 30 days notice by email and/or in-app notice unless earlier changes are required by law or security needs.

17. Severability and Entire Agreement

If one provision is unenforceable, the remainder remains effective. These Terms are the entire agreement for Service use unless superseded by a signed written agreement.

18. Governing Language

If translations conflict, the English version controls.

19. Contact

BuilderMaxPro, LLC
legal@buildermaxpro.com