Terms of Service

1. Acceptance of Terms

By accessing or using Buildalytic ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Buildalytic provides Brody, an AI assistant for construction companies worldwide. Your plan and signed order define the workflows, integrations, usage, support and deployment included in your service. These can include

• Call answering, routing and approved outbound follow-up
• Operational text messaging and email
• Daily reporting, crew coordination and project records
• Knowledge base answers from approved sources
• Connected construction and business systems
• Customer-approved workflow automation and private model services

3. Account Registration

To use the Service, you must create an account with accurate information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Keeping your account information up to date

4. Acceptable Use

You agree to use the Service only for lawful purposes. You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to transmit harmful or malicious content
• Resell or redistribute the Service without our consent

5. Fees and Payment

You agree to pay the subscription, authorized usage charges and applicable taxes stated in your plan or signed order. Standard onboarding has no setup fee. Optional additional services require an approved scope and quote. Your order governs billing cadence, evaluation terms, renewal, cancellation and refunds. If it conflicts with these Terms, your signed order controls for that engagement.

We reserve the right to change our pricing with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

6. Data Ownership

You retain all rights to your data. You grant us a limited license to process it to provide, secure and support your contracted service. This includes

• Processing calls and messages on your behalf
• Preparing reports, drafts and answers from your approved project sources
• Coordinating approved follow-ups and workflow actions
• Maintaining project records and audit history under your instructions
• Troubleshooting and measuring service reliability

Your data is never sold or used to train models for other companies. Training a private model on your data requires a separate agreement and your authorization. Partner platform data remains subject to its own restrictions.

Local AI covers the agreed chatbot models, embeddings and document index on servers you own. Calls, texts, speech processing, connected services, support and backups can still use external providers unless your agreement explicitly replaces those paths.

7. Intellectual Property

The Service, including all software, algorithms, designs, and content, is owned by Buildalytic and protected by intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written consent.

8. Third-Party Integrations

The Service may integrate with third-party platforms. Your use of these integrations is subject to the terms of those third parties. We are not responsible for the availability or performance of third-party services.

9. Service availability

Support hours, response times and service levels apply as stated in your order. We do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates or circumstances beyond our control. Worldwide availability does not imply a local number, local hosting or every carrier feature in every country.

10. Limitation of Liability

To the maximum extent permitted by law, Buildalytic shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities.

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid to us in the 12 months preceding the claim.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Service will be error-free, secure, or meet your specific requirements.

12. Indemnification

You agree to indemnify and hold harmless Buildalytic, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the Service or violation of these Terms.

13. Confidentiality

Each party agrees to protect the other's confidential information with the same degree of care it uses for its own confidential information. Confidential information does not include information that is publicly available, independently developed, or disclosed pursuant to a legal requirement. Confidentiality obligations survive termination for a period of three years.

14. Termination

Either party may terminate this agreement at any time with 30 days' written notice. We may suspend or terminate your access immediately if you violate these Terms.

On account closure, request an export within 30 days unless your agreement provides a different period. Deletion follows the agreed schedule and applicable legal holds. Provider copies and backups follow their own documented lifecycle, and we confirm the scope of completed deletion on request. See our Privacy Policy for record-specific handling.

15. Governing Law

These Terms shall be governed by the laws of the State of California. Any disputes shall be resolved in the state or federal courts located in San Francisco County, California.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the Service. Continued use after changes take effect constitutes acceptance.

17. SMS and Text Messaging Program Terms

Buildalytic operates an SMS text-messaging program that sends operational, transactional daily field-reporting messages to the field reporters (superintendents, project managers, and foremen) enrolled by the construction companies that use Buildalytic. Messages include daily-report reminders, confirmations that a report or job-site photo was received, replies to updates the reporter texts in, and missed-report follow-ups. We do not send marketing or promotional text messages.

Enrollment is by confirmed opt-in only. A reporter opts in either by completing our SMS opt-in form or by replying YES to a one-time confirmation request, and no operational message is sent until they do. Consent to receive text messages is not a condition of purchasing or using any Buildalytic product or service. Message frequency varies, typically a few messages per week during active projects. Message and data rates may apply. Reply HELP for help or STOP to opt out at any time; replying STOP suppresses further operational messages from that program apart from an opt-out confirmation.

We do not sell, rent, or share your mobile phone number or your SMS opt-in and consent data with any third parties or affiliates for marketing or promotional purposes. Full program details are in our SMS Consent policy, and our information practices are described in our Privacy Policy.

18. Recording, retention and approvals

Recording is configured for your deployment. Before enabling it, your company and Buildalytic agree the notices, consent steps and handling of callers who decline, based on the locations and rules that apply. A phone number alone does not establish a caller’s location or consent.

Your company sets the recording retention period in its agreement and settings. Transcripts, reports, messages, attachments, consent records and audit logs have separate retention requirements. There is no single retention period for every record or provider.

Customers must have the rights and permissions for the contacts and systems they connect. AI output can be incomplete or incorrect. Your authorized people remain responsible for consequential decisions, commitments and required approvals. Buildalytic does not provide legal advice.

19. Contact Us

If you have questions about these Terms, contact us.