Terms of Service

1.Definitions

"Output" means any analysis, finding, observation, risk assessment, scope baseline, coverage verdict, cost range, allowance, recommendation, question, summary, document, or other material generated by the Service, in whole or in part, from Customer Materials or otherwise.

"Customer Materials" means plans, drawings, specifications, schedules, bids, proposals, budgets, cost data, correspondence, and any other content Customer or its users upload to, or generate within, the Service.

"Project" means the design, procurement, and construction undertaking to which Customer applies the Service.

2.Nature of the Service

The Service is an informational and decision-support tool. It applies automated and artificial-intelligence-based analysis to Customer Materials in order to surface potential issues, organize information, and accelerate Customer's own preconstruction review.

The Service does not perform, and is not a substitute for, Customer's review of the Project documents. It does not determine the scope of work for any trade, does not establish, verify, or confirm the completeness of any scope of work, bid, budget, or contract, and does not make any decision on Customer's behalf. Output is an input to Customer's professional judgment and nothing more.

Company does not review, approve, supervise, or take responsibility for any Project, any scope of work, any bid or award, or any decision Customer makes.

3.No professional services; no licensed practice

The Service does not provide, and Company does not provide, architectural, engineering, land surveying, construction management, general contracting, inspection, code enforcement, quantity surveying, cost estimating, appraisal, insurance, accounting, or legal services or advice. No Output constitutes a professional opinion, certification, stamp, seal, or sign-off, and no Output has been prepared, reviewed, or approved by a licensed design professional.

No professional-client relationship of any kind is created by Customer's use of the Service.

Output relating to building codes, zoning, permitting, life safety, fire separation, structural adequacy, energy compliance, accessibility, or any other regulatory requirement is informational only. Customer is solely responsible for obtaining review, approval, and certification by appropriately licensed professionals and by the authorities having jurisdiction, and must not rely on the Service to determine compliance with any code, ordinance, or regulation.

4.Customer responsibility for scope, accuracy, and completeness

Customer is solely and exclusively responsible for:

the accuracy, completeness, currency, and suitability of every scope of work, bid package, budget, estimate, schedule, contract, and construction document Customer issues, relies upon, or performs against;
independently reviewing, verifying, and validating all Output against the Project documents, applicable codes and standards, field conditions, and Customer's own professional judgment before relying on it, acting on it, distributing it, or incorporating it into any document;
identifying any issue, conflict, omission, quantity, requirement, or risk that the Service does not surface;
all decisions regarding the Project, including scope definition, trade assignment, bid solicitation, bid evaluation, subcontractor selection and award, pricing, contingency, means and methods, sequencing, and schedule; and
all communications with owners, design professionals, subcontractors, suppliers, lenders, insurers, and authorities having jurisdiction, including any communication that incorporates Output.

The Service supplements Customer's preconstruction process; it does not replace, reduce, or discharge any duty Customer owes to any third party. Customer's obligations under its contracts with owners, subcontractors, design professionals, and others are unaffected by Customer's use of the Service.

Order of precedence. Output is not a contract document. In the event of any conflict between Output and the Project's plans, specifications, contracts, addenda, or applicable law, those documents and that law govern in all respects. Output never modifies, supplements, interprets authoritatively, or supersedes any contract document.

5.Artificial intelligence: inherent limitations

Customer acknowledges that the Service uses large language models and other probabilistic, artificial-intelligence-based systems, and that such systems have inherent and unavoidable limitations. Without limiting the generality of the foregoing, Output may be incomplete, inaccurate, outdated, internally inconsistent, or wrong; may misread, misinterpret, or fail to read drawings, text, dimensions, schedules, or annotations; may state incorrect information in a confident or authoritative tone; may omit material issues entirely; and may differ between runs on identical inputs.

Output is not exhaustive. The absence of a finding, issue, gap, conflict, or observation is not a representation, warranty, or indication that no such issue exists. Customer must not treat the Service's silence on any matter as confirmation that the matter has been reviewed, is complete, or is free of defect.

Where Output identifies its own uncertainty — including items marked provisional, indeterminate, directional, unverified, partial, or accompanied by a stated basis, confidence level, or caveat — Customer must give effect to that qualification. Customer must not present, distribute, or rely on any Output while omitting the qualifications, basis, or provenance displayed with it.

Analysis may complete partially. Where the Service indicates that a run was partial, unverified, or failed as to any trade or portion of the Project, Customer must not treat the result as a complete analysis of that Project.

6.Cost figures, ranges, and allowances

Any cost, price, range, allowance, contingency, or savings figure in the Output is a directional, non-binding, machine-generated approximation provided solely to assist Customer's own budgeting and contingency planning.

No such figure is an estimate, quotation, bid, appraisal, valuation, market-rate opinion, or representation of what any scope of work does or should cost, of what any subcontractor should have quoted, or of whether any bid or price is fair, reasonable, competitive, or complete.

Figures identified as allowances, or as applying to indeterminate scope, represent an amount Customer may consider carrying for scope the Project documents do not define. They are not prices for defined work.

Customer must not use any Output cost figure as, or as a basis for, a contract price, guaranteed maximum price, bid amount, change-order value, payment application, draw request, appraisal, loan application, insurance valuation, or any representation to an owner, lender, insurer, or public authority. Customer is solely responsible for obtaining actual pricing from qualified sources.

7.Bid analysis and subcontractor documents

Output relating to subcontractor bids, including coverage verdicts, gap identifications, and clarification questions, reflects an automated comparison of documents provided to the Service. It is not a representation regarding any subcontractor's qualifications, licensure, insurance, responsibility, capability, financial condition, or performance, and is not a recommendation to award, decline, or negotiate any bid. Customer is solely responsible for subcontractor qualification and selection.

Customer is the sole author, sender, and publisher of any document it generates through the Service and transmits to a subcontractor or other third party. Customer must review each such document before transmission and is solely responsible for its contents, accuracy, and effect. Company is not a party to, and assumes no obligation under, any communication, negotiation, bid, or contract between Customer and any third party.

8.Customer Materials: rights, warranties, and confidentiality

Customer represents and warrants that it has all rights, licenses, consents, and permissions necessary to upload Customer Materials to the Service and to permit Company to process them as contemplated by these Terms, including with respect to plans, drawings, and specifications in which a design professional or other third party holds copyright or other rights, and with respect to any confidential bid or pricing information belonging to a third party.

Customer grants Company a non-exclusive, worldwide license to host, copy, transmit, display, and process Customer Materials solely to provide and support the Service. Company engages third-party subprocessors to provide the Service, including Anthropic, PBC and Google LLC for model inference and Amazon Web Services, Inc. for hosting and storage.

Company does not use Customer Materials to train generative models.

9.Human review requirement

Customer will ensure that a qualified person reviews all Output before Customer relies on it, distributes it, or incorporates it into any bid, budget, scope of work, contract, or communication with any third party. Customer will not implement any Output automatically or without human review. Customer will ensure that each of its users is informed of, and complies with, the requirements of these Terms concerning the nature and limitations of the Output.

10.Beta and evaluation features

Features identified as beta, preview, evaluation, early access, or similar are provided for evaluation only, may be changed or discontinued at any time, are excluded from any service level commitment, and are provided without any warranty or support whatsoever. Customer's use of such features is entirely at Customer's own risk.

11.Disclaimer of warranties

THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT THE SERVICE OR ANY OUTPUT WILL BE ACCURATE, COMPLETE, EXHAUSTIVE, ERROR-FREE, CURRENT, OR SUITABLE FOR ANY PARTICULAR PROJECT OR PURPOSE; THAT THE SERVICE WILL IDENTIFY ANY OR ALL DEFECTS, OMISSIONS, CONFLICTS, RISKS, CODE ISSUES, OR SCOPE GAPS IN ANY PROJECT DOCUMENT OR BID; OR THAT USE OF THE SERVICE WILL PREVENT ANY COST OVERRUN, CHANGE ORDER, DELAY, REWORK, DISPUTE, CLAIM, OR LOSS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

12.Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY OUTPUT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR: COST OVERRUNS; UNDERBID, MISSING, OR MISPRICED SCOPE; CHANGE ORDERS; REWORK OR REMEDIATION; CONSTRUCTION DEFECTS; SCHEDULE DELAY OR ACCELERATION; LIQUIDATED OR DELAY DAMAGES; FAILED INSPECTIONS OR PERMITTING DELAYS; DISPUTES OR CLAIMS INVOLVING OWNERS, DESIGN PROFESSIONALS, SUBCONTRACTORS, SUPPLIERS, LENDERS, OR INSURERS; LOST BIDS OR LOST PROJECTS; OR ANY DAMAGE TO PROPERTY OR INJURY TO PERSONS ARISING FROM THE DESIGN, CONSTRUCTION, OR OCCUPANCY OF ANY PROJECT.

COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, OR ANY OUTPUT WILL NOT EXCEED THE GREATER OF (A) THE FEES ACTUALLY PAID BY CUSTOMER TO COMPANY IN THE [TWELVE (12)] MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) [ONE HUNDRED U.S. DOLLARS ($100)].

THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. Some jurisdictions do not allow certain of these exclusions, so some may not apply to Customer.

13.Indemnification by Customer

Customer will defend, indemnify, and hold harmless Company and its officers, directors, employees, and agents from and against any claim, demand, suit, proceeding, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys' fees) brought by or owed to any third party — including any owner, developer, design professional, subcontractor, supplier, lender, insurer, surety, purchaser, occupant, or governmental authority — arising out of or relating to:

Customer's use of, or reliance on, the Service or any Output;
any Project;
any document, communication, bid, scope of work, or contract Customer issues, including any that incorporates Output;
Customer Materials, including any claim that they infringe or misappropriate third-party rights or were provided in breach of a confidentiality obligation; or
Customer's breach of these Terms.