Terms of Service

1. Who these terms are with

The service is provided by:

“You” means the company or person who opens the account. BuildTraq is for business use only. By opening an account you confirm you are acting for a business, trade or profession and not as a consumer.

If you accept these terms on behalf of a company, you confirm you are authorised to bind it, and “you” means that company.

2. What we provide

BuildTraq is software for recording construction work: daily site reports, photos, snags, units, milestones, invoices and change orders, and a portal through which you may share progress with the buyers of your units.

We provide it with reasonable skill and care, and we work to keep it available. We do not promise it will be uninterrupted or error-free. We may change, add or remove features. If we remove something you rely on, or make a change that materially reduces the service, we will tell account administrators by email beforehand where we reasonably can.

We may suspend the service for maintenance, and immediately where we reasonably believe it is necessary for security or to comply with the law.

3. Your account

You are responsible for everything done under your account, for keeping sign-in details secret, and for who you invite and what you let them see. Administrators can set roles and can require two-factor authentication; we recommend turning it on. Tell us promptly at privacy@buildtraq.com if you think an account has been compromised.

You must not use BuildTraq to break the law or infringe anyone’s rights, upload malicious code, attempt to access another workspace’s data, probe or test our systems without written permission, resell the service, or scrape it by automated means.

4. Your data stays yours

Everything you put into BuildTraq — reports, photos, project records, invoices — remains yours. We claim no ownership. You grant us only the permission we need to host, process, back up and display it so the service works, and to provide support when you ask.

You are responsible for having the right to upload what you upload. That includes photographs showing people or property, and the personal details of unit buyers you enter. For that data you are the controller and we are your processor; how we handle it is set out in our Privacy Policy and Data Processing Agreement, both of which form part of these terms.

You can export your data at any time while your account is open. Keep your own copies of anything you cannot afford to lose.

5. Invoices, change orders and money

You decide what an invoice says. You are responsible for its amounts, VAT treatment, numbering, currency, due dates, and for whether it satisfies the invoicing and tax rules that apply to you. We do not check any of that, and a document produced by BuildTraq is not confirmation that it is correct or legally valid.

The same applies to change orders. An approval or signature captured in BuildTraq is a record that someone pressed a button in our software. It is evidence you may find useful, but whether it forms a binding variation to your construction contract depends on that contract and on the law that governs it — not on us.

Reminders are a convenience, not a guarantee. Email may be delayed, blocked or filtered, and WhatsApp messages are composed by our software but sent by you from your own device through a service we do not control. We are not responsible for a reminder that does not arrive, and you should not rely on BuildTraq alone for a notice with legal or contractual consequences.

Money owed between you and your customers is entirely between you and them. We are not a party to it, we do not handle those payments, and we take no part in disputes about them.

6. Weather, AI and other automated content

Some content is generated automatically. Weather shown on a report comes from a third-party forecast service. The in-app assistant produces answers using an AI model.

Automated content can be wrong. AI models can state something false with confidence. Check anything that matters before you rely on it, particularly before it goes into a record you may later need as evidence. Actions the assistant proposes are carried out only after an administrator confirms them, and that confirmation is yours, not ours. We are not liable for a decision taken on the basis of automated content.

7. Fees

Where a plan is paid, fees, billing period and any free allowance are those shown when you subscribe. Fees are exclusive of VAT and other taxes, which you pay in addition where they apply. Payments are non-refundable except where the law requires otherwise.

We may change our prices. Changes take effect at your next renewal, and we will give you at least 30 days’ notice by email. If you do not accept a change you may cancel before it takes effect.

If payment fails we may suspend the account after telling you and giving you a reasonable chance to fix it.

8. Ending the agreement

You may stop using BuildTraq and close your account at any time. Where you are on a paid plan, closing takes effect at the end of the period you have paid for.

We may suspend or end your account if you materially breach these terms and do not put it right within 14 days of us asking, or immediately if the breach cannot be put right, if required by law, or if your use puts our systems or other customers at risk.

Export your data before you close the account. After closure we keep it for 30 days and then delete it, as described in the Privacy Policy. After that it is gone and we cannot recover it.

9. Our software stays ours

BuildTraq, its software, design and name remain ours. These terms give you permission to use the service, not any ownership of it. You may not copy, modify, decompile or reverse engineer it, except to the limited extent the law says you may despite this clause.

If you send us feedback or suggestions we may use them freely, with no obligation to you.

10. No warranties beyond those given

Except as expressly stated in these terms, and to the fullest extent the law allows, BuildTraq is provided “as is”. We give no other warranties, whether express or implied, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, or non-infringement.

We do not warrant that the service will meet your requirements, that it will be available without interruption, or that data will never be lost or corrupted — which is exactly why you should keep your own copies of anything critical.

11. Limits on our liability

Nothing in these terms limits or excludes liability that cannot lawfully be limited or excluded. That includes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, and for gross negligence or wilful misconduct. Everything below is subject to that.

Subject to that, and to the fullest extent the law allows:

• We are not liable for indirect or consequential loss, nor for loss of profit, revenue, business, contracts, anticipated savings, goodwill or reputation, even if we were told such loss was possible.
• We are not liable for loss or corruption of data, beyond our duty to take the security measures described in the Privacy Policy — which is why clause 4 asks you to keep your own copies.
• We are not liable for delay or non-performance caused by something beyond our reasonable control, including failures of hosting, connectivity, email delivery or other third-party services.
• Our total liability arising out of or in connection with these terms, in any twelve-month period, will not exceed the greater of the fees you paid us in the twelve months before the claim arose, or €100.

These limits reflect that BuildTraq is a low-cost record-keeping tool, that you keep your own copies of what matters, and that the price we charge is set on the basis of these limits. Claims must be brought within twelve months of the date you first became aware, or reasonably should have become aware, of the circumstances giving rise to them.

12. Your indemnity to us

You will indemnify us against claims, losses and reasonable costs (including legal fees) arising from your use of the service in breach of these terms, from content you upload, from personal data you enter without a lawful basis, or from a dispute between you and a customer, buyer or contractor of yours.

We will tell you promptly of any such claim, will not settle it without your agreement, and will let you control the defence at your cost, provided any settlement fully releases us.

13. Changes to these terms

We may update these terms. For minor changes we will update the date above. For changes that materially affect your rights or obligations we will give account administrators at least 30 days’ notice by email, and continuing to use BuildTraq after that means you accept them. If you do not, you may close your account before they take effect.

14. General

If a court finds any part of these terms unenforceable, that part is limited or removed to the minimum extent necessary and the rest continues in force. If we do not enforce a right immediately, we do not lose it.

You may not transfer your rights under these terms without our written consent. We may transfer ours to a company that acquires our business, provided your rights are not reduced.

These terms, together with the Privacy Policy, are the entire agreement between us about the service and replace anything said before. Nobody other than you and us may enforce them.

15. Governing law

These terms and any dispute arising out of them are governed by the laws of the Republic of Cyprus, and the courts of Cyprus have exclusive jurisdiction.

Before starting proceedings, please contact us at privacy@buildtraq.com so we can try to resolve the matter directly. Most things are settled faster that way.