1. The Service
BuilderWarden is a software platform for residential construction professionals: land analysis, deal underwriting, project management, estimating, proposals, bidding, invoicing, electronic signatures, payments facilitation, and related tools. The Service is provided on a free tier; we may introduce paid features, tiers, or fees in the future with at least thirty (30) days' notice, and continued use of a paid feature after notice constitutes acceptance of its fees.
2. Accounts, Workspaces, and Roles
You must provide accurate information and keep your credentials secure; you are responsible for activity under your account. A "Workspace" is a company account controlled by its Owner. Owners and admins control member roles, client and vendor invitations, and what is shared through client or subcontractor portals. Invited users (homeowners, subcontractors, team members) receive only the access the Workspace grants and agree to these Terms upon use. You must be at least 18 and authorized to bind the business you register.
3. Your Content and Data
You own your data. Projects, estimates, budgets, documents, photographs, plans, contacts, prices, and other content you submit ("Customer Content") remain yours. You grant BuilderWarden a limited, worldwide, non-exclusive license to host, process, transmit, display, and back up Customer Content solely to operate, secure, and improve the Service and as directed by you (for example, sending a proposal to your client, sharing photos to your homeowner portal, or generating a document).
Portability. You may export your Workspace data at any time using the built-in export. Your data leaves whenever you do.
Responsibility. You represent that you have the rights to the content you upload (including plans and photographs) and that your use of client, homeowner, subcontractor, and employee information through the Service complies with applicable law and your own agreements with those parties.
4. Aggregated and De-Identified Data (Cost Intelligence Network)
To power industry cost intelligence, BuilderWarden may create and use aggregated, de-identified data derived from use of the Service — for example, statistical ranges of unit costs by item, unit of measure, region, and time period.
What this data is: statistics computed across multiple Workspaces (such as percentiles, medians, counts, and trends) that do not identify you, your company, your clients, your vendors, your projects, or any price attributable to you.
What it is never: your item lists, your individual prices, your vendor relationships, your margins, your documents, or anything reasonably linkable to your Workspace. We will not represent your individual data as market data, and no aggregate statistic is published unless it is computed from a minimum number of distinct, unaffiliated Workspaces.
Participation. Network cost intelligence operates on a contribute-to-see basis controlled by a Workspace setting: if enabled, your Workspace's observations contribute to anonymized aggregates and your Workspace may view network benchmarks; if disabled, neither occurs. Disabling stops future contribution; statistics already computed from prior aggregation are not reversible.
We may use aggregated, de-identified data to operate, improve, and market the Service, including publishing industry statistics, during and after your use of the Service.
5. Electronic Signatures
The Service includes an electronic signature capability. By using it — as a sender or a signer — you consent to transact business electronically and agree that electronic signatures, records, and audit trails created through the Service are intended to be valid and enforceable to the fullest extent permitted by the U.S. ESIGN Act, UETA, and analogous law. You may obtain paper copies of documents you sign by downloading them. BuilderWarden provides the signature mechanism and audit record; the legal sufficiency, content, and enforceability of any signed document, and its suitability for your jurisdiction and transaction type, are your responsibility.
6. Payments
Payment features are provided through Stripe, Inc. and its affiliates ("Stripe"). Each Workspace (and each participating subcontractor) that enables payments creates its own Stripe connected account and agrees directly to Stripe's applicable agreements, including the Stripe Connected Account Agreement and Stripe Services Agreement. BuilderWarden does not hold, custody, or transmit your funds; is not a bank, money transmitter, or payment processor; and is not a party to payment transactions. Funds flow between payers, connected accounts, and banks via Stripe. Chargebacks, refunds, disputes, taxes, and 1099 obligations arising from your transactions are between you, your counterparty, and Stripe. We may display payment status information reported by Stripe; it is informational and subject to Stripe's records. Any platform fees, if introduced, will be disclosed before they apply.
7. Third-Party Services and Data
The Service integrates third-party services (for example, Stripe, Intuit QuickBooks, mapping providers) and incorporates data from government and public sources (for example, FEMA flood layers, Census data, state GIS parcel services, USDA soil surveys, wetlands inventories, federal economic series). Third-party services are governed by their own terms; we are not responsible for their availability or accuracy. Government and public data are provided "as is" from their sources, may be incomplete, outdated, or wrong, and are not a substitute for surveys, delineations, title work, engineering, or official determinations. A mapped absence (for example, no mapped wetlands) is not a determination that none exist. See our Subprocessors page for the current list of service providers.
8. Estimates, Analyses, Scores, and AI Features — No Professional Advice
The Service generates estimates, pro formas, property analyses, buildability and investment scores, benchmarks, schedules, lender-facing documents, and other outputs, including outputs produced by artificial intelligence. All outputs are informational tools only. They are not appraisals, engineering or geotechnical determinations, legal, tax, investment, lending, or accounting advice, and not a guarantee of costs, values, timelines, profits, approval, or outcomes. AI-generated content may be incomplete or incorrect notwithstanding safeguards. You are responsible for independently verifying all material facts and figures before relying on them — including before submitting any document to a lender, client, or government authority — and for all decisions made using the Service. Confidence labels (such as "verified" or "unverified") describe data handling within the Service and are not warranties.
9. Acceptable Use
You will not:
- use the Service unlawfully or to infringe others' rights;
- upload malicious code or attempt to breach, probe, or overload the Service;
- access another Workspace's data or attempt to re-identify aggregated data;
- scrape or resell the Service or its data;
- misuse signature, bidding, or payment features to defraud or misrepresent;
- use the Service to send spam; or
- reverse engineer the Service except as law permits.
We may suspend or terminate access for violations, with notice where practicable.
10. Subcontractor and Client Portals
Portal access for homeowners, clients, and subcontractors is controlled by the inviting Workspace. Bidders see only their own invitations, bids, and questions. Subcontractor accounts and any compliance documents a subcontractor uploads (for example, W-9s and insurance certificates) belong to the subcontractor and are visible to Workspaces that engage them, for that purpose. BuilderWarden is not responsible for the accuracy of documents users upload or the performance of any party.
11. Intellectual Property
The Service, including software, design, templates, and documentation, is owned by BuilderWarden and its licensors and protected by law. We grant you a limited, revocable, non-transferable right to use the Service per these Terms. Feedback you provide may be used without restriction or obligation. "BuilderWarden," "BuildProof," and associated logos are our marks; document templates populated with your Customer Content are yours to use in your business.
12. Privacy
Our Privacy Policy describes how we collect and process personal information and is incorporated into these Terms.
13. Term, Suspension, and Termination
These Terms apply while you use the Service. You may stop using the Service and delete your account at any time; export your data first. We may suspend or terminate the Service or your access for material violation of these Terms, legal requirement, or security risk, and may modify or discontinue features with reasonable notice where practicable. Upon termination we will make your Customer Content available for export for at least thirty (30) days, after which we may delete it, except as retention is required by law or for signed-document audit integrity. Sections that by their nature survive (including 3–4, 8, 11, 14–17) survive termination.
14. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. FREE-TIER SERVICE CARRIES NO UPTIME COMMITMENT.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDERWARDEN AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).
16. Indemnification
You will defend and indemnify BuilderWarden against third-party claims arising from your Customer Content, your construction or business activities, your violation of these Terms, or your violation of law or others' rights, except to the extent caused by our breach of these Terms.
17. Governing Law; Dispute Resolution; Arbitration Agreement; Class Action Waiver
17.1 Governing Law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of New Hampshire, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this Section 17.
17.2 Informal Resolution First (Required). Before initiating arbitration or any permitted court action, the party raising the dispute must send the other a written Notice of Dispute — to BuilderWarden at legal@builderwarden.com or to you at your account email — describing the dispute and the relief sought. For 60 days after the Notice is received, both parties will attempt in good faith to resolve the dispute informally, including at least one telephone or video conference between you and BuilderWarden if either party requests it. Arbitration may not be commenced until this period ends. Completion of this process is a condition precedent to filing, and applicable statutes of limitation are tolled during the 60-day period.
17.3 Agreement to Arbitrate. You and BuilderWarden agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with BuilderWarden — whether based in contract, tort, statute, fraud, or any other legal theory, and whether arising before, during, or after termination of your account — shall be resolved by final and binding arbitration on an individual basis, except as provided in Section 17.5. The arbitrator, and not any court, has exclusive authority to resolve disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides the enforceability of the Class Action Waiver in Section 17.6.
17.4 Arbitration Procedure. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or Commercial Arbitration Rules, whichever properly applies to the parties and dispute, as modified by these Terms. One arbitrator will be appointed under the applicable rules. The arbitration will be conducted in English; it will take place by an in-person hearing held in Strafford County, New Hampshire. The arbitrator may award any relief a court of competent jurisdiction could award to the individual party, including injunctive or declaratory relief in favor of the individual claimant only to the extent necessary to resolve that party's individual claim. Judgment on the award may be entered in any court of competent jurisdiction.
17.5 Exceptions. Notwithstanding Section 17.3, either party may: (a) bring an individual claim in small claims court in a court of competent jurisdiction, so long as the claim remains in that court and on an individual basis; (b) seek temporary or preliminary injunctive relief in court to protect intellectual property rights, confidential information, or the security or integrity of the Service, pending arbitration of the underlying dispute; and (c) pursue any claim that applicable law provides cannot be subject to a pre-dispute arbitration agreement. Nothing in this Section prevents either party from reporting matters to, or participating in investigations by, government agencies, or from receiving any agency-awarded relief.
17.6 Class Action and Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND BUILDERWARDEN EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. All disputes must be brought in the parties' individual capacities, and the arbitrator may not consolidate more than one person's or entity's claims or preside over any form of representative proceeding without the written consent of all parties. If a court of competent jurisdiction finds this Section 17.6 unenforceable as to a particular claim or request for relief, then that claim or request (and only that one) shall be severed and may proceed in court under Section 17.1's governing law and the venue provision below, while all remaining claims proceed in arbitration; in that event the parties agree to seek a stay of the court proceeding pending the arbitration's outcome.
17.7 Fees. Payment of AAA filing, administrative, and arbitrator fees will be governed by the applicable AAA rules. For a user the applicable rules classify as a consumer, if the arbitrator finds the user's claim was not frivolous or brought for an improper purpose, BuilderWarden will pay the portion of arbitration fees the applicable consumer rules assign to the business, and will not seek to recover its own attorneys' fees from the user except as authorized by statute for frivolous claims. Each party otherwise bears its own attorneys' fees and costs unless the arbitrator awards them under applicable law.
17.8 Opt-Out Right. You may reject this arbitration agreement and class action waiver (and future changes to them) without penalty by sending written notice to legal@builderwarden.com within 30 days of first accepting these Terms (or within 30 days of the effective date of a material change to this Section), stating your name, account email, workspace name, and that you opt out of arbitration. If you opt out, or where this Section is found unenforceable, disputes will be resolved exclusively in the state or federal courts located in New Hampshire, and both parties consent to their jurisdiction and venue; the jury trial waiver in Section 17.6 survives opt-out to the extent enforceable.
17.9 Survival; Changes. This Section 17 survives termination of your account and these Terms. Material changes to this Section will be notified per Section 18 and will not apply to disputes for which either party has already provided a Notice of Dispute; your continued use after the effective date constitutes acceptance, subject to the opt-out right in Section 17.8.
18. Changes to These Terms
We may update these Terms. For material changes we will provide notice (email or in-Service) at least fourteen (14) days before the change takes effect; continued use after the effective date constitutes acceptance. The "Effective date" above reflects the current version.
19. General
These Terms plus policies referenced in them are the entire agreement regarding the Service and supersede prior agreements on that subject. If a provision is unenforceable, the remainder stands. Failure to enforce is not waiver. You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets. Notices to us: legal@builderwarden.com. Notices to you: your account email.
20. Contact
BUILDPROOF LLC d/b/a BuilderWarden
A New Hampshire limited liability company
legal@builderwarden.com
BUILDPROOF LLC d/b/a BuilderWarden · a New Hampshire limited liability company · legal@builderwarden.com