Terms of Service

Buildwell is provided by Nixar Holdings LLC, a California limited liability company, doing business as Buildwell ("Buildwell", "we", "us"). These Terms of Service ("Terms") govern your access to and use of the Buildwell website at buildwellhq.com and the Buildwell software platform (together, the "Service"). By creating an account or using the Service, you agree to these Terms.

Buildwell is a business software platform (a field-service CRM) for home-service contractors. It includes tools for lead management and AI-assisted lead response, scheduling and dispatch, estimates, invoicing, a technician mobile app, and review management. The Service is offered to businesses, not consumers, and is currently available by invitation only.

Some features send communications (for example, replies to incoming leads, appointment-related messages, or review requests) on your business's behalf. You are responsible for the content of communications sent from your account and for using those features in compliance with applicable law, including telemarketing and messaging-consent laws.

You must provide accurate information when creating an account and keep your credentials secure. You are responsible for all activity under your account. You must be authorized to act on behalf of the business you register. We may suspend or terminate accounts that violate these Terms.

You retain all rights to the data you and your team enter into the Service, including your customer records, jobs, estimates, and invoices ("Customer Data"). You grant us the limited rights needed to host, process, and display Customer Data in order to provide the Service. Our handling of personal information is described in our Privacy Policy.

You are responsible for having the necessary rights and consents to submit Customer Data to the Service, including any consents required to contact your customers.

You agree not to:

• use the Service for any unlawful purpose, including sending unsolicited or non-consensual messages;
• attempt to gain unauthorized access to the Service, other accounts, or related systems;
• interfere with or disrupt the integrity or performance of the Service;
• resell, sublicense, or provide the Service to third parties except to your own authorized team members;
• reverse engineer or copy the Service except as permitted by law.

Certain features of the Service are paid. Applicable fees, billing periods, and payment terms are presented when you subscribe. Unless otherwise stated, fees are non-refundable and exclusive of taxes. Payment processing is handled by third-party payment processors (currently Stripe); we do not store full payment-card numbers.

The Service integrates with third-party platforms (for example, lead sources such as Yelp, and payment, hosting, and communication providers). Your use of those platforms is governed by their own terms, and we are not responsible for third-party services.

The Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any AI-generated content will be accurate — you are responsible for reviewing communications and records produced by the Service.

To the maximum extent permitted by law, Nixar Holdings LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or related to the Service. Our total aggregate liability for all claims arising out of or relating to the Service will not exceed the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim (or one hundred U.S. dollars if you have paid no fees).

You may stop using the Service at any time. We may suspend or terminate your access for breach of these Terms or where required by law. Upon termination, your right to use the Service ends; sections that by their nature should survive (including Sections 4, 8, 9, and 11) survive termination.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. The state and federal courts located in California will have exclusive jurisdiction over any dispute arising out of these Terms or the Service, and each party consents to personal jurisdiction there.

We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or an in-product notice) before the changes take effect. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

Questions about these Terms? Contact us at info@buildwellhq.com.