1build Terms of Service

Last Updated: September 12, 2022

Thank you for using 1build! These Terms of Service (“Terms”) govern your use of the 1build services, including the 1build website at www.1build.com, 1build’s mobile applications, and any websites (or portions thereof) or mobile applications that are operated by 1build (collectively, the “Services”), and are entered into by you and 1build, Inc., a Delaware corporation (“1build”, “we”, “us”). By using the Services, you, the user (“you”, “user”) agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your information (including personal information) in accordance with 1build’s Privacy Policy. If you do not agree to these Terms of Service and the Privacy Policy, you may not use, access, or submit information to the Services.

1. The Services

1build provides construction cost data, software tools, and an online cost estimation service to contractors and construction companies. The cost estimate provided by us as part of these Services is merely an estimation. We do not make any guarantees as to its accuracy, completeness, or currency.

The cost estimate should be used for guidance purposes only and should not be relied upon as the sole basis for making any decision such as placing a bid or procuring labor, building materials, or equipment. Actual costs of materials, labor, and equipment may vary from the cost estimate. Furthermore, the cost estimate relies on the accuracy of the information you provided to us and does not take into account (i) unique, unusual or unexpected circumstances such as structural damages, site conditions or changes to project scope or (ii) any other factors that are not disclosed to us in a timely manner. Any reliance on the Services (including any cost estimates obtained as part of the Services or via email) is at your own risk. You understand and acknowledge that 1build is not providing professional advice and is not a trained or licensed contractor or subcontractor. 1build strongly recommends that you retain the appropriate professional services for certain advice.

YOU AGREE THAT NEITHER 1BUILD NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR ESTIMATORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE USE OF COST ESTIMATES OR ADVICE RECEIVED FROM COST ESTIMATORS.

2. Your Use of the Services

1build retains all rights including intellectual property rights, title, and interest in the website, apps, the Services, other technology of 1build, email databases, and all underlying technology and data, including any enhancements and improvements thereto as a result of providing the Services hereunder. 1build grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and 1build’s policies. You may not and will not allow others to copy, modify, distribute, sell, or lease any part of the Services. Further, you may not and will not allow others to reverse engineer, decompile, disassemble, extract, merge, copy, use, disclose, sell, or transfer the underlying source code or structure or sequence of 1build’s technology or delete or alter author attributes or copyright notices. You may only access the Services through the interfaces that 1build provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere with or attempt to disrupt the Services. Some parts of the Services may allow you to upload or submit content (such as text, PDF, images, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant 1build a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. 1build may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies. If you are using 1build on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity. In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including estimators and individuals who support our help desk. 1build reserves the right to decline orders, terminate accounts, and/or cancel orders at any time in its sole discretion. We’re constantly modifying and improving the Services. 1build may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide 1build with any feedback or comments regarding the Services, you grant 1build the right to use such feedback or comments for any purpose without restriction or payment to you.

3. 1build Communications

1build offers an online chat feature (“Chat”) as part of its Services. The Chat enables the user and the estimator/1build to connect directly and exchange information and ask questions. By creating a 1build account, you agree to accept and receive communications from 1build or estimators, including via Chat, email, text message, calls, and push notifications to the cellular number you provided to 1build. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of 1build and/or estimators, including but not limited to communications concerning orders placed through your account for the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time by sending us an email at help@1build.com or writing in to us at the address provided at the end of these Terms. You may also opt-out of receiving text messages from 1build by replying “STOP” from the mobile device receiving the messages. 1build uses technology that records incoming telephone calls. If you initiate a call to one of our tracked phone numbers, we will, at our discretion, create a digital audio recording of the telephone call. A voice alert is played at the beginning of each call to notify callers that the call will be recorded. Our use of the call recording is for quality assurance, customer service, and data tracking purposes only. If you choose to allow yourself to be recorded by continuing with the phone call after the recording notification, you expressly agree and acknowledge that:

  1. Our employees, estimators, officers, agents, authorized representatives, or other trusted third parties may listen to a call that has been recorded on our behalf;
  2. Recording, transcribing, monitoring, analyzing, and archiving calls may include, without limitation, the reporting and archiving of personal and non-personal data related to such calls. Such data shall be used in the manner set forth in our Privacy Policy.

4. Payment Terms

To avail yourself of certain Services, including cost estimates, you will be required to pay a fee and provide information regarding your credit card or other payment instrument. Payment is processed and stored through our third-party payment partner. You represent and warrant to 1build that payment information provided by you is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. We currently offer two payment models – (i) fixed fee per cost estimate (amount varies based on details of the project and expediency of the request) and (ii) a recurring subscription. For further details regarding the payment model, please check the 1build website or email us at help@1build.com. If you select a monthly subscription, you authorize 1build to maintain your account information and charge that account automatically upon the renewal of the Services with no further action required by you. In the event that 1build is unable to charge your account as authorized by you when you enrolled in a recurring subscription,1build may, in its sole discretion: (i) bill you for your Services and suspend your access to the Services until payment is received, and/or (ii) seek to update your account information through third party sources (i.e., your bank or a payment processor) to continue charging your account as authorized by you. 1build may change the price for recurring subscriptions from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. If you do not agree with the price changes, you have the right to reject the change by canceling your recurring subscription before the price change goes into effect. Payments are nonrefundable and there are no refunds or credits for partially used periods.

5. THIRD PARTY CONTENT AND DISPUTES
You agree that 1build does not assume responsibility for any content, products, services, websites, advertisements, offers, or information regarding third parties such as construction vendor partners that is made available through the Services. If you purchase, use, or access products, content, services, advertisements, offers, or information from or relating to any third parties, including construction vendor partners either on or off the Services, you agree that you do so at your own risk and that 1build will have no liability based on such purchase, use, or access. Further, any dispute you have with any third party in connection with your use of the Services, is directly between you and such third party. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE 1BUILD FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

6. SERVICES PROVIDED AS-IS AND RELEASE OF CLAIMS


THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1BUILD DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF QUALITY,FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, MERCHANTABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 1BUILD MAKES NO REPRESENTATION, WARRANTY, CONDITIONS,OR GUARANTEE (I) REGARDING THE RELIABILITY, TIMELINESS, QUALITY,SUITABILITY, ACCURACY, OR AVAILABILITY OF THE SERVICES, THE COST ESTIMATES,AND ANY OTHER MATERIALS OR SERVICES PROVIDED BY ESTIMATORS, 1BUILD ORANY VENDOR PARTNERS LISTED ON THE 1BUILD SERVICES, OR (II) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. 1BUILD DOES NOT GUARANTEE THE QUALITY, SUITABILITY, OR ABILITY OF ESTIMATORS OR VENDOR PARTNERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES INCLUDING COST ESTIMATES, AND ANY SERVICES PROVIDED BY ESTIMATORS OR VENDOR PARTNERS, REMAINS SOLELY WITH YOU.1BUILD DOES NOT WARRANT THAT THE SERVICES AND ANY CONTENT THEREON ORANY MATERIALS RECEIVED THEREFROM ARE FREE OF ERRORS, COMPUTER VIRUSES,OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICES OR ANY CONTENT THEREON OR MATERIALS RECEIVED THEREFROM RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN 1BUILD WILL NOT BE RESPONSIBLE FOR THOSE COSTS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER 1BUILD NOR ITS AFFILIATES, EMPLOYEES OR ESTIMATORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY VENDOR PARTNERS. Furthermore, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other jurisdictions), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her must, would have materially affected his or her settlement with the debtor or released party.”

7. LIMITATION OF LIABILITY

THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL 1BUILD (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ESTIMATORS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION,CORRUPTION, LOSS OF DATA, INACCURACY OF MATERIALS, LOSS OF PROGRAMS,FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF 1BUILD OR 1BUILD’S AGENTS OR REPRESENTATIVES KNOWOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IN NO EVENT SHALL 1BUILD (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ESTIMATORS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES,BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES EVEN IF 1BUILD OR 1BUILD’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 1BUILD AND ITS AFFILIATES WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO 1BUILD FOR THE PAST 12 MONTHS OF THE SERVICES.

8. Indemnification

You agree to defend, indemnify, and hold harmless 1build and its officers, directors, employees, agents, and affiliates (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

9. Termination

You can stop using the Services at any time and without notice to us. Similarly, 1build may terminate access to the Services to you or any other users or stop offering the all or part of the Services at any time without notice. Such termination will not relieve you of any obligations under these Terms which are expressly or by implication intended to survive termination.

10. Governing Law; Waiver of Jury Trial

These Terms, the Services, and the transactions contemplated hereby, and all related disputes between the parties arising from relating to these Terms, whether in contract, tort, or otherwise, shall be governed by the laws of the State of California, without reference to California’s conflict of laws principles, and any related legal actions must be brought in the court of appropriate jurisdiction in the County of Santa Clara, California, which shall have exclusive jurisdiction. You hereby waive any claim of lack of jurisdiction or inconvenient forum. YOU AND WE WAIVE TRIAL BY JURY IN ANY LEGAL ACTION ARISING FROM OR RELATED TO THE SERVICES OR THESE TERMS. The prevailing party in any such legal action shall be entitled to an award of its reasonable legal fees and costs.

11. Entire Agreement and Severability

These Terms, subject to any amendments, modifications, or additional agreements you enter into with 1build, shall constitute the entire agreement between you and 1build with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

12. No Waiver

1build’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

13. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. 1build may assign its rights, licenses, and obligations under these Terms without limitation.

14. Changes to the Terms

We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on 1build’s website and, if a revision to the Terms is material, 1build will notify you of the new Terms (for example, on the website, by email or by a notification on the Services). Changes to these terms will not apply retroactively. Your continued use of the website or Services is conditioned upon your acceptance of the latest version of the Terms of Service accessible on the website or the Services at the time of your use.

15. Contact Information

If you have any questions or comments about these Terms, please contact 1build by email at help@1build.com or mail us at:

1build, Inc.
340 S LEMON AVE #2065
WALNUT, CA 91789

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