Terms of Service

Last updated: January 20, 2026

1. Acceptance of Terms

By accessing or using the Builddesk platform ("Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a legally binding agreement. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Service Description

Builddesk is a Software-as-a-Service (SaaS) platform designed for project execution and financial control, primarily for construction, engineering, field services, and other project-based industries.

Core Features Include:

• Project and task management
• Document and photo management
• Team collaboration and communication tools
• RFIs, submittals, change orders, and daily logs (Professional and Enterprise plans)
• Financial tracking and project accounting (Enterprise plan)
• Client portal for external stakeholders

Features and availability may vary depending on your subscription plan. We reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.

3. Eligibility

You must meet the following requirements to use the Service:

• Be at least 18 years old
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable law
• Provide accurate and complete registration information

By creating an account, you represent and warrant that you meet these eligibility requirements.

B2B Service: The Service is intended for business customers (B2B). Consumer protection laws applicable to private consumers may not apply.

4. Account Registration and Responsibilities

4.1 Account Creation

To use the Service, you must create an account by providing your name, email address, company information, and creating a password. You are responsible for maintaining the confidentiality of your account credentials.

4.2 Account Security

You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activities that occur under your account

4.3 Account Accuracy

You must provide accurate, current, and complete information during registration and keep your account information updated. We reserve the right to suspend or terminate accounts with false or misleading information.

5. Subscription Plans and Billing

5.1 Free Trial

Builddesk offers a 14-day free trial that provides full access to plan features (typically Professional features) without requiring payment information upfront. The trial period begins when you create your account.

At the end of the trial, you must select a paid plan to continue using the Service. If no plan is selected, your account will be downgraded to view-only access.

5.2 Subscription Plans

We offer multiple subscription plans with different feature sets and limits:

• Starter Plan: Fixed monthly pricing, suitable for smaller teams and projects
• Professional Plan: Fixed monthly pricing with advanced project management features
• Enterprise Plan: Usage-based pricing with full financial control and custom configurations

Detailed pricing, limits, and features are available on our Pricing Page. Prices exclude applicable sales tax or VAT, which will be added at checkout where required.

5.3 Billing Cycle

Subscriptions are billed monthly in advance on a recurring basis. Your billing cycle starts on the date you subscribe to a paid plan.

• Starter & Professional Plans: Auto-billed via credit card through our payment processor (Stripe)
• Enterprise Plan: Invoiced monthly with NET 30 payment terms

5.4 Payment Terms

By providing payment information, you authorize us (or our payment processor) to charge your payment method for all fees due. You are responsible for ensuring your payment method is valid and has sufficient funds.

Failed Payments: If a payment fails, we will attempt to contact you and retry the charge. Continued payment failure may result in service suspension or account termination.

Enterprise Customers: For Enterprise customers, continued non-payment of invoices may result in suspension of access after reasonable notice.

5.5 Price Changes

We reserve the right to modify subscription prices with at least 30 days' notice. Price changes will not affect your current billing cycle but will apply to the next renewal.

6. Cancellation and Termination

6.1 Cancellation by Customer

You may cancel your subscription at any time through your account settings or by contacting billing@builddesk.io.

Upon cancellation:

• No further charges will be made
• Your access remains active until the end of the current billing period
• No refunds are provided for unused time in the current period (see Refund Policy)
• After the billing period ends, your account converts to view-only mode for 30 days before data deletion

6.2 Termination by Builddesk

We may suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• You fail to pay fees when due
• Your use of the Service poses a security or legal risk
• You provide false or misleading information
• We are required to do so by law

We will provide reasonable notice before termination unless immediate action is required for security or legal reasons.

6.3 Effect of Termination

Upon termination of your account:

• Your access to the Service will cease immediately
• Your data will be available for export for 30 days (view-only mode)
• After 30 days, all data will be permanently deleted from our systems
• Outstanding fees remain due and payable

7. Acceptable Use

You agree to use the Service only for lawful purposes and in compliance with our Acceptable Use Policy.

Prohibited Activities Include (but are not limited to):

• Uploading malicious code, viruses, or malware
• Attempting to gain unauthorized access to our systems or other users' accounts
• Using the Service to store or distribute illegal content
• Abusing or harassing other users
• Sending unsolicited communications (spam)
• Reverse engineering, decompiling, or attempting to extract source code
• Exceeding reasonable usage limits or attempting to disrupt the Service

Violation of acceptable use terms may result in immediate account suspension or termination without refund.

8. Intellectual Property Rights

8.1 Builddesk Intellectual Property

The Service, including its software, design, branding, and content, is owned by Builddesk and protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose during your subscription. You may not copy, modify, distribute, or create derivative works without our written permission.

8.2 Your Content and Data

You retain all ownership rights to the content and data you upload to the Service (including projects, documents, photos, and files).

By using the Service, you grant us a limited license to:

• Store, process, and display your content to provide the Service
• Create backups for disaster recovery
• Generate anonymized, aggregated usage statistics (no personally identifiable information)

We do not claim ownership of your content and will not use it for purposes outside of providing the Service without your explicit consent.

8.3 Customer Responsibilities for Content

You are responsible for ensuring that your content:

• Does not violate any laws, regulations, or third-party rights
• Does not contain confidential information belonging to others without permission
• Does not infringe on intellectual property rights
• Is not defamatory, obscene, or otherwise objectionable

9. Data Ownership and Export

Your data belongs to you. You can export your project data at any time through the platform's export features.

Upon account cancellation or termination, you have 30 days to export your data before it is permanently deleted. We are not responsible for data loss if you fail to export your data within this period.

10. Service Availability and Maintenance

10.1 Service Availability

We strive to provide reliable, uninterrupted access to the Service. However, we do not guarantee 100% uptime. The Service may be unavailable due to:

• Scheduled maintenance (announced in advance when possible)
• Emergency maintenance or security updates
• Third-party service outages (hosting, payment processors)
• Force majeure events (natural disasters, network failures)

10.2 Planned Maintenance

We will provide reasonable advance notice (typically 48 hours) for planned maintenance windows. We will schedule maintenance during off-peak hours when possible.

10.3 No Service Level Agreement (SLA)

Unless you have a separate Enterprise agreement with specific SLA commitments, we do not guarantee any specific uptime percentage. The Service is provided "as is" and "as available."

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS.

We do not warrant that:

• The Service will be error-free or uninterrupted
• Defects will be corrected
• The Service is free from viruses or harmful components
• The results obtained from using the Service will be accurate or reliable

No Professional Advice: The Service does not provide legal, financial, tax, or professional advice. Any information provided through the Service is for informational purposes only.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDDESK SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Actions of third parties or force majeure events

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, or €100, whichever is greater.

11.3 Indemnification

You agree to indemnify and hold harmless Builddesk, its affiliates, and their respective officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your content or data
• Your violation of these Terms or applicable laws
• Your violation of third-party rights

12. Privacy and Data Protection

Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

For customers who use the Service to process personal data of their own users or clients, our Data Processing Agreement (DPA) defines the roles and responsibilities under GDPR.

13. Modifications to the Service and Terms

13.1 Changes to the Service

We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice for significant changes that materially affect functionality.

13.2 Changes to Terms

We may update these Terms from time to time. Changes will be communicated via:

• Email notification to registered users
• Prominent notice on our website
• In-app notifications

Continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to changes, you may cancel your subscription.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

14.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Germany, with venue in Mainz, Germany.

14.3 Informal Dispute Resolution

Before initiating formal proceedings, we encourage you to contact us at support@builddesk.io to resolve disputes informally.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any other policies referenced herein, constitute the entire agreement between you and Builddesk regarding the Service.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

15.4 Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of war, government actions, labor disputes, or network outages.

16. Contact Information

For questions, concerns, or support regarding these Terms or the Service, please contact us: