Buildpoint OS

Terms of Service

Last updated: May 14, 2026Effective: June 1, 2026
COUNSEL REVIEW REQUIRED BEFORE PUBLICATIONPLACEHOLDER DOCUMENT -- These Terms of Service are a working draft prepared for operational completeness. They have not been reviewed by legal counsel and must not be presented to users until reviewed and approved by qualified legal counsel. All [PLACEHOLDER] items require counsel input.

1. Agreement to Terms

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.

2. Platform Description and Nature of Services

2.1 Software-as-a-Service Platform

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.

2.2 Not a Financial Institution or Real Estate Broker

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:

  • Originate, underwrite, or fund construction loans or any other loans.
  • Provide investment advice or recommend specific investment opportunities.
  • Act as a broker or agent in any real estate transaction.
  • Guarantee the performance of any lender, borrower, investor, developer, contractor, or vendor.
  • Guarantee project completion, investment returns, loan repayment, or any financial outcome.
  • Provide legal, accounting, tax, or financial planning advice.

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.

2.3 Marketplace and Network Services

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.

2.4 Passive Delivery and Record-Keeping

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.

3. Eligibility and Account Registration

3.1 Eligibility

  • You must be at least 18 years of age.
  • You must be a legal resident of, or a business entity organized in, the United States or another jurisdiction where the Platform is made available.
  • You must have full legal authority to enter into these Terms on behalf of yourself or your organization.
  • You must not be prohibited from using the Platform under applicable law.
  • For licensed professionals (lenders, contractors, realtors, attorneys, inspectors): you represent that you hold all required licenses in good standing in the jurisdictions where you operate.

3.2 Account Registration

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.

3.3 Professional Verification

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.

4. Role-Based Access and Permissions

4.1 Role Types

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.

4.2 Developer Authority

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.

4.3 Data Segregation

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.

4.4 Multi-Role Accounts

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.

5. Financial Features -- Special Terms

5.1 Draw Request Processing

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.

5.2 Financial Calculations -- No Warranty

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.

5.3 Platform Commission Fees

Buildpoint OS charges fees for certain platform services, including:

  • Origination referral fee: a fee of 0.5% to 1.0% of the funded loan amount, charged to the lender when a construction loan is originated through the Platform's lender matching service.
  • Draw processing fee: a fee of $350 per draw request funded through the Platform's draw approval workflow.
  • Deal flow subscription: an optional monthly fee for lenders who elect to receive priority deal flow notifications.
  • Platform subscription: [PLACEHOLDER -- subscription tier pricing to be confirmed].
  • Procurement margin: Build.OS may earn a margin on materials and services ordered through the Platform's procurement features.

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.

5.4 Lender Partner Commission Agreement

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.

5.5 eCommerce and Procurement

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.

5.6 Refund Policy

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.

6. User Conduct and Prohibited Uses

6.1 Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Conduct

You may not:

  • Use the Platform for any illegal purpose or in violation of any applicable law or regulation.
  • Submit false, misleading, or fraudulent project data, financial information, professional credentials, or any other information.
  • Circumvent, disable, or interfere with the Platform's security features, access controls, or role-based permissions.
  • Attempt to gain unauthorized access to any portion of the Platform or any data of other users.
  • Use the Platform to facilitate mortgage fraud, construction fraud, wire fraud, securities fraud, or any other fraudulent scheme.
  • Engage in money laundering or use the Platform to process proceeds of criminal activity.
  • Use the Platform to stalk, harass, or harm other users.
  • Scrape, crawl, or otherwise extract Platform data without our written permission.
  • Reverse engineer, decompile, or disassemble any portion of the Platform.
  • Circumvent the Platform to transact directly with a party you met through the Platform in order to avoid Platform fees (non-circumvention).
  • Use the Platform to solicit other users for competing services.
  • Upload malicious code, viruses, or any content designed to disrupt the Platform.
  • Impersonate any person or entity or misrepresent your affiliation with any person or entity.
  • Violate the intellectual property rights of Buildpoint OS or third parties.

6.3 Non-Circumvention

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.

7. Intellectual Property

7.1 Buildpoint OS Intellectual Property

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.

7.2 Your Content

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.

7.3 Feedback

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.

8. Disclaimer of Warranties

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.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUILDPOINT OS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages.
  • Loss of profits, revenue, data, goodwill, or business opportunities.
  • Damages resulting from any project failure, construction defect, loan default, investment loss, or contractor non-performance.
  • Damages resulting from unauthorized access to your account or project data.
  • Damages resulting from third-party conduct, including lender decisions, vendor non-performance, or contractor defaults.
  • Any amount exceeding the greater of: (a) the fees paid by you to Buildpoint OS in the twelve months preceding the claim, or (b) $[PLACEHOLDER -- minimum liability cap].

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.

10. Indemnification

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.

11. Dispute Resolution

11.1 Informal Resolution

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].

11.2 Arbitration

[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.]

11.3 Governing Law

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.

11.4 Class Action Waiver

[PLACEHOLDER -- Class action waiver language to be reviewed and approved by counsel.]

12. Termination

12.1 Termination by You

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.

12.2 Termination by Buildpoint OS

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.

12.3 Effect of Termination

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.

13. Modifications to Terms

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.

14. General Provisions

  • Entire Agreement: These Terms, together with the Privacy Policy and any applicable partner agreements, constitute the entire agreement between you and Buildpoint OS regarding the Platform.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in full force.
  • Waiver: Failure to enforce any provision does not waive our right to enforce it later.
  • Assignment: You may not assign your rights or obligations under these Terms. Buildpoint OS may assign its rights to an affiliate or in connection with a merger, acquisition, or asset sale.
  • Force Majeure: Buildpoint OS is not liable for delays or failures caused by events beyond our reasonable control.
  • No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.
  • Electronic Communications: You consent to receive communications from us electronically and agree that electronic agreements and notices satisfy any legal requirement for written form.

15. Contact Us

For questions about these Terms of Service:

Buildpoint OS, Inc.

Email: legal@buildpointos.com

[PLACEHOLDER -- Legal address]

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