Terms of Service

2. Description of Service

ElevatedBuild is a construction project management platform designed for general contractors and custom home builders. The Service includes tools for project tracking, budget management, contract and scope-of-work generation, change order management, scheduling, document storage, client portal access, and related features as we may offer from time to time (“Features”).

The Service is software only. ElevatedBuild does not provide legal, financial, accounting, or contractor licensing advice. Documents generated by the Service — including contracts, scopes of work, and payment schedules — are templates and starting points only. You are solely responsible for reviewing all documents with qualified legal and financial professionals before executing them, and for ensuring compliance with all applicable laws and regulations in your jurisdiction.

We reserve the right to modify, suspend, or discontinue any Feature at any time with reasonable notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.

3. Account Registration and Security

To access the Service, you must register for an account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information to keep it accurate, current, and complete.

You are responsible for safeguarding your account credentials. You agree not to share your password with any third party, and to notify us immediately at legal@elevatedbuild.ai if you suspect any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to protect your account credentials.

You may not create an account on behalf of another person or entity without authorization, use a false identity, or register multiple accounts for the purpose of abusing the Service. Accounts registered by automated means are prohibited. You must be at least 18 years of age to create an account.

Each subscription covers one company or business entity. If you invite team members or clients to your account, you are responsible for their compliance with these Terms.

4. Subscription Plans and Billing

Access to certain Features requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are in U.S. dollars and are non-refundable except as expressly stated herein or as required by applicable law.

Payment processing is provided by Square, Inc. By providing payment information, you authorize Square to charge your designated payment method for all applicable fees. Your payment information is transmitted directly to and stored by Square in accordance with their terms and security standards; ElevatedBuild does not store your full card number or banking credentials.

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period, and you will retain access to paid Features until that date. We do not provide prorated refunds for partial billing periods.

We reserve the right to change subscription pricing at any time. We will provide at least 30 days' advance notice of any price increases by email to your account address. Your continued use of the Service after a price change constitutes acceptance of the new pricing.

If a payment fails, we will notify you and attempt to re-process the charge. If payment remains unsuccessful after a reasonable collection period, we may suspend or terminate your access to paid Features until outstanding amounts are resolved.

5. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and share information about you. By using the Service, you consent to the data practices described in the Privacy Policy.

You retain ownership of all data, content, and materials you upload or create through the Service (“Your Data”). You grant ElevatedBuild a limited, non-exclusive, royalty-free license to store, process, and display Your Data solely for the purpose of providing and improving the Service.

You represent and warrant that you have all rights necessary to upload Your Data, and that Your Data does not violate any law or infringe the rights of any third party. You are solely responsible for the accuracy, quality, and legality of Your Data.

6. Intellectual Property

The Service, including all software, designs, text, graphics, logos, interfaces, and other content provided by ElevatedBuild (“ElevatedBuild Content”), is owned by or licensed to Custom Designs and Innovations, LLC and is protected by U.S. and international intellectual property laws. All rights not expressly granted are reserved.

Subject to your compliance with these Terms and payment of all applicable fees, ElevatedBuild grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for your internal business purposes.

You may not copy, modify, distribute, sell, sublicense, reverse engineer, decompile, or otherwise exploit any portion of the Service or ElevatedBuild Content without our prior written consent. The “ElevatedBuild” name, logo, and all related marks are trademarks of Custom Designs and Innovations, LLC.

7. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable federal, state, local, or international law or regulation.
• Upload, transmit, or distribute any malware, viruses, spyware, or other malicious code.
• Attempt to gain unauthorized access to any portion of the Service, other user accounts, or our infrastructure.
• Scrape, crawl, or otherwise extract data from the Service using automated means without our express written permission.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Use the Service to commit fraud, misrepresent your identity, or engage in deceptive practices.
• Resell, white-label, or sublicense access to the Service without prior written authorization.
• Use the Service to store, process, or transmit any data that infringes third-party intellectual property rights or violates privacy laws.
• Engage in any activity that imposes an unreasonable or disproportionate load on our infrastructure.

We reserve the right to investigate violations of these prohibitions and to cooperate with law enforcement authorities in prosecuting users who violate applicable law.

8. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY ERRORS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELEVATEDBUILD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations apply to the fullest extent permitted by law.

9. Indemnification

You agree to defend, indemnify, and hold harmless ElevatedBuild, Custom Designs and Innovations, LLC, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of or inability to use the Service.
• Your violation of these Terms or any applicable law.
• Your Data or any content you submit, post, or transmit through the Service.
• Any dispute between you and any client, subcontractor, or third party arising from your use of the Service.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

10. Termination

You may terminate your account at any time by contacting us or using the account closure option in your settings. Upon termination, your right to access the Service ceases immediately, and your subscription (if any) will not be renewed.

We may suspend or terminate your account at any time, with or without cause, upon reasonable notice. Grounds for termination include, but are not limited to, violation of these Terms, non-payment of fees, fraud, or conduct harmful to other users or the Service. In cases of material breach, we may terminate immediately without prior notice.

Upon termination, you may request an export of Your Data within 30 days. After that window, we may delete Your Data in accordance with our data retention policies. Sections 5, 6, 8, 9, 11, and 12 survive termination.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you hereby consent to personal jurisdiction and venue in those courts.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall first be submitted to non-binding mediation before either party initiates litigation. Each party shall bear its own costs of mediation.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the resolution of a dispute.

12. Contact Information

If you have questions about these Terms, please contact us:

We aim to respond to all legal inquiries within five business days.