1. Eligibility and authority
You must be at least 18 and legally able to enter a binding agreement. If you use the services for a company or other organization, you represent that you have authority to bind it. “Customer” means that organization and its authorized users.
2. Accounts and administrators
Provide accurate information, protect credentials, and promptly report suspected unauthorized access. Customer administrators may manage users, permissions, projects, content, and billing. Customer is responsible for its users and for configuring access appropriately.
3. Trials, subscriptions, and payment
The Subscription & Cancellation Policy is incorporated into these Terms. Eligible trials last 14 days and require a valid payment card. Unless canceled before the trial ends, the selected plan automatically becomes paid. Charges are non-refundable except where required by law.
4. Customer documents and content
Customer owns and controls its drawings, documents, records, and other uploaded content. BuildFlow-CM does not acquire ownership of them and has no independent right to use, inspect, investigate, publish, sell, or voluntarily release their substance to any third party. Customer grants THESQUARE.NYC CORP. only the limited permission technically necessary to host, store, copy, transmit, display, and process content at Customer’s direction to provide and secure the requested services. We do not routinely review document contents. Limited access may occur only where reasonably necessary to operate or protect the services, address abuse or security threats, or provide support specifically requested or authorized by Customer. Content may be processed by confidential infrastructure providers acting only on our instructions, sent to a provider when Customer deliberately enables or invokes that provider’s feature, or disclosed where THESQUARE.NYC CORP. is legally compelled by a valid order. Where legally permitted, we will seek to notify Customer before a compelled disclosure. Customer represents it has all rights and permissions needed for uploaded content and personal information.
5. Our services and intellectual property
The services, software, designs, trademarks, and documentation are owned by THESQUARE.NYC CORP. or its licensors. Subject to these Terms and payment, Customer receives a limited, non-exclusive, non-transferable right to use the services for its internal business purposes. No other rights are granted.
6. Acceptable use
You must follow the Acceptable Use Policy. You may not compromise security, violate law or third-party rights, misuse communications or AI, or upload content you are not authorized to use.
7. Third-party services
Features may depend on third-party infrastructure and services, such as payment processing, hosting, databases, email, communications, analytics, or AI. Their terms may apply, and their availability or conduct is outside our reasonable control. Integrations you enable may exchange data at your direction.
8. Construction and AI limitations
The Professional & AI Disclaimer is incorporated into these Terms. The services do not provide architectural, engineering, legal, accounting, safety, or other licensed advice. Users must independently verify drawings, measurements, takeoffs, estimates, schedules, AI output, field conditions, code requirements, and contractual obligations.
AI-generated estimates and takeoffs are preliminary and may contain errors, omissions, incorrect quantities, or inaccurate pricing. We do not guarantee their accuracy or completeness. AI output does not replace professional estimating judgment.
Required estimator review before submission
Before submitting, sending, or relying on any estimate, takeoff, bid, or proposal generated in whole or in part using AI, Customer must ensure that a qualified estimator reviews and verifies all quantities, measurements, drawing references, scope, labor, materials, equipment, pricing, calculations, assumptions, and exclusions against the applicable project documents and conditions.
Customer is responsible for correcting identified errors and approving the final estimate or proposal. An AI confidence score, automated verification status, or approval control does not replace this required human review or constitute independent verification by BuildFlow-CM.
Responsibility for unverified submissions
To the fullest extent permitted by applicable law, BuildFlow-CM and THESQUARE.NYC CORP. are not liable for losses arising from Customer’s failure to perform the required review and verification before submitting, sending, or relying on an estimate or proposal. This provision is subject to the limitations of liability in these Terms and does not exclude liability that cannot lawfully be excluded.
9. Privacy
Our Privacy Policy explains how we handle personal information. Customer is responsible for providing required notices and obtaining necessary permissions for information it supplies.
10. Availability, documents, and backups
We may modify, improve, or discontinue features and perform maintenance. We do not guarantee uninterrupted or error-free service, permanent storage, or that content can always be recovered. Customer is responsible for maintaining current, independent backup copies of all important drawings, documents, records, and project data. To the maximum extent permitted by law, THESQUARE.NYC CORP. is not responsible for content that is lost, corrupted, altered, deleted, or unavailable, regardless of whether the event results from user action, account configuration, device or network failure, third-party services, security incidents, service interruption, or another cause.
11. Suspension and termination
We may suspend or terminate access for nonpayment, material breach, security risk, unlawful conduct, or harm to the services or others. Customer may stop using the services and cancel its subscription. Provisions that by their nature should survive will survive termination.
12. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT ANY PROJECT, FINANCIAL, CONSTRUCTION, SAFETY, OR BUSINESS OUTCOME.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDFLOW-CM AND THESQUARE.NYC CORP. WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DOCUMENTS, PROJECT RECORDS, DATA, GOODWILL, OR BUSINESS INTERRUPTION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNT CUSTOMER PAID FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
14. Indemnification
To the extent permitted by law, Customer will defend and indemnify THESQUARE.NYC CORP. and its personnel from third-party claims arising from Customer content, Customer’s or its users’ unlawful use, or breach of these Terms.
15. Disputes and governing law
Before beginning a formal proceeding, the parties will attempt in good faith to resolve the dispute by written notice and reasonable discussion. Unless a separate signed agreement provides otherwise, governing law, jurisdiction, and venue will be determined under applicable law.
16. General terms
These Terms and incorporated policies are the agreement concerning the services unless a signed order or written agreement states otherwise. If a provision is unenforceable, the remainder continues. You may not assign the agreement without our consent, except as permitted by law; we may assign it in connection with a reorganization or business transfer. Electronic notices and acceptances may be used where lawful.
17. Contact
Questions may be sent to support@buildflowcm.com.