These Terms of Service ("Terms") constitute a legally binding agreement between you and Buildpoint OS, Inc. ("Buildpoint," "Build.OS," "we," "our," or "us") governing your access to and use of the Build.OS platform, including all software, services, APIs, data, and content made available through the platform (collectively, the "Platform").
BY ACCESSING OR USING THE PLATFORM, OR BY CLICKING "I AGREE," YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM. If you are using the Platform on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.
These Terms incorporate by reference our Privacy Policy, Cookie Policy, and any additional terms applicable to specific services or features you use.
Buildpoint OS is a technology platform that provides software tools for real estate development project management, including but not limited to: project financial management, construction cost tracking, draw request management, lender coordination, investor relations, vendor management, team communication, document management, and related services.
IMPORTANT: Buildpoint OS is a technology company, not a bank, lender, mortgage broker, investment adviser, securities broker-dealer, real estate broker, or insurance company. The Platform facilitates connections and transactions between users but does not itself:
All lending, investment, construction, and real estate decisions made through or facilitated by the Platform are the sole responsibility of the parties involved. You should consult qualified professionals before making any financial, legal, or real estate decisions.
The Platform includes features that connect developers with lenders, investors, vendors, contractors, realtors, inspectors, and other real estate professionals (the "Buildpoint Network" or "Developer Network"). Buildpoint OS does not endorse, warrant, or guarantee the performance, creditworthiness, or suitability of any Network participant. All Network participants are independent third parties.
For communications, notices, statements, invoices, and documents transmitted through the Platform (including rental and leasing communications): you, or your counsel or agents, supply, create, approve, or configure the content; transmission occurs only on your instruction or standing instruction; and the Platform records the instruction and the delivery. Buildpoint OS does not author, review, or certify the legal sufficiency of your communications, does not determine amounts owed to you, and does not decide when or whether a communication should be sent. Where the Platform appends fixed regulatory disclosure language to payment-related communications, it does so uniformly as compliance functionality and not as an exercise of judgment about your account or your tenant. Buildpoint OS is not a debt collector, law firm, property manager, or your agent for legal purposes.
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at legal@buildpointos.com if you suspect unauthorized access to your account.
Certain role types (lenders, contractors, attorneys, inspectors) are subject to professional verification before full Platform access is granted. You consent to Buildpoint OS verifying your professional credentials, license status, and background information through third-party verification services.
The Platform operates on a role-based permission system. Your role determines what information you can view, create, modify, and delete. Role types include: Developer, Project Manager (PM), BuildOS PM, Buyer, Investor, Lender, Realtor, Vendor, Subcontractor, Supervisor, Attorney, Inspector, Property Manager, Service Provider, Master Admin, and Junior Admin.
The Developer role is the primary project authority. Developers configure project settings, invite team members, set payment structures, and control access to project data. Developers are responsible for the accuracy of project data entered into the Platform and for ensuring appropriate personnel have access to project information.
The Platform enforces strict data segregation between projects and between roles. Users may only access data for which they have been granted explicit permission. Any attempt to circumvent role-based access controls is a material breach of these Terms and may result in immediate account termination and legal action.
A single user account may hold multiple roles (e.g., Developer and Investor, or Realtor and Buyer). Data associated with different roles is maintained separately with no cross-role data bleed. The user's primary role is set at registration and may be modified by a Master Admin.
The Platform facilitates the preparation, submission, review, and approval of construction loan draw requests between developers and lenders. Buildpoint OS provides the workflow infrastructure but is not a party to any draw agreement. The decision to approve or deny a draw request rests solely with the lender. Draw approvals and fund releases are transactions between the developer and lender; Buildpoint OS is not responsible for lender decisions or fund disbursement timing.
The Platform provides financial calculations including but not limited to: True Land Basis, carry cost accruals, P&L projections, LTC/LTV ratios, IRR estimates, and balloon payment schedules. THESE CALCULATIONS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE FINANCIAL ADVICE. Calculations are based on data you provide and may not reflect all costs, risks, or variables relevant to your project. Always verify financial calculations with qualified accountants and financial advisers.
Buildpoint OS charges fees for certain platform services, including:
All fee arrangements are disclosed at the time of the relevant transaction or in the applicable partner agreement. Fees are non-refundable except as expressly stated in these Terms or required by applicable law.
Lenders who register as Verified Lender Partners agree to the commission structure described in the Lender Partner Agreement executed during registration. By completing lender registration and checking the commission agreement checkbox, you create a legally binding obligation to pay the agreed commission fees upon the triggering events (loan origination, draw funding) described in your partner agreement.
The Platform facilitates procurement of construction materials and services through vendor relationships. All purchase orders, vendor contracts, and procurement agreements are between the developer and the applicable vendor. Buildpoint OS is not a party to vendor contracts and is not responsible for product quality, delivery, warranty claims, or vendor performance. Buildpoint OS may earn a platform margin on orders placed through the Platform.
Platform subscription fees: [PLACEHOLDER -- refund policy for subscriptions to be confirmed. Industry standard: prorated refunds for annual plans, no refunds for monthly plans after billing date.]
Commission fees (origination referral, draw processing): non-refundable once the triggering event (loan origination, draw funding) has occurred.
Procurement orders: subject to the vendor's own return and refund policies. Buildpoint OS does not guarantee vendor refunds.
To request a refund or dispute a charge, contact legal@buildpointos.com within [PLACEHOLDER -- 30 days] of the charge date.
You agree to use the Platform only for lawful purposes and in accordance with these Terms.
You may not:
If you are introduced to another party through the Platform (a developer introduced to a lender, a developer introduced to a vendor, etc.), you agree not to circumvent the Platform by conducting business with that party outside the Platform in a manner designed to avoid Platform fees. This non-circumvention obligation applies for [PLACEHOLDER -- 24 months] after the introduction through the Platform.
The Platform and all content, features, and functionality (including but not limited to software, algorithms, financial models, user interface designs, text, graphics, logos, and compilations) are owned by Buildpoint OS and are protected by copyright, trademark, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without our express written permission.
You retain ownership of content you upload to the Platform (project data, documents, photographs, etc.). By uploading content, you grant Buildpoint OS a non-exclusive, worldwide, royalty-free license to store, process, display, and use your content solely as necessary to provide the Platform services and as described in our Privacy Policy. You represent that you have all necessary rights to grant this license.
If you provide feedback, suggestions, or ideas about the Platform, you grant Buildpoint OS an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
BUILDPOINT OS DOES NOT WARRANT THAT: (A) THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS; OR (E) ANY FINANCIAL CALCULATIONS, PROJECTIONS, OR ESTIMATES ARE ACCURATE OR COMPLETE.
YOU USE THE PLATFORM AT YOUR OWN RISK. BUILDPOINT OS IS NOT RESPONSIBLE FOR THE CONDUCT, PERFORMANCE, OR CREDITWORTHINESS OF ANY LENDER, DEVELOPER, INVESTOR, VENDOR, CONTRACTOR, OR OTHER USER OF THE PLATFORM.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUILDPOINT OS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Buildpoint OS and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any content you submit to the Platform; (e) your project, including any construction defects, contractor disputes, or lender claims; (f) your relationship with any other Platform user; (g) the content of any communication, notice, statement, or document you create, upload, approve, or direct the Platform to deliver; (h) your compliance or non-compliance with any federal, state, or local law applicable to your rental, leasing, collection, notice, or eviction activities, including without limitation the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and applicable landlord-tenant statutes; or (i) your classification as a debt collector or the manner in which you pursue amounts owed to you.
Before initiating any formal dispute, you agree to contact us at legal@buildpointos.comand attempt to resolve the dispute informally. We will attempt to resolve the dispute within [PLACEHOLDER -- 30 days].
[PLACEHOLDER -- Mandatory arbitration clause, class action waiver, and arbitration procedures to be drafted by counsel. Consider: AAA Commercial Arbitration Rules, location, governing law, small claims court carve-out.]
These Terms are governed by the laws of the State of [PLACEHOLDER -- state to be confirmed by counsel], without regard to conflict of law principles.
[PLACEHOLDER -- Class action waiver language to be reviewed and approved by counsel.]
You may terminate your account at any time by contacting legal@buildpointos.com. Upon termination, your right to use the Platform ceases immediately. Data retention following termination is governed by our Privacy Policy.
We may suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including but not limited to: violation of these Terms, fraudulent activity, non-payment of fees, extended inactivity, or if we determine your use poses a risk to the Platform, other users, or Buildpoint OS.
Upon termination: your license to use the Platform terminates; your access to Platform data is revoked (subject to any export rights); accrued fees and commissions remain due and payable; and Sections 7 (IP), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), and 11 (Dispute Resolution) survive termination.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email and/or a prominent notice on the Platform at least [PLACEHOLDER -- 30 days] before the effective date. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Platform.
For questions about these Terms of Service:
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