BuildNest Terms and Conditions

1. About BuildNest

BuildNest is a cloud-based Software-as-a-Service platform designed for construction management, project management, workforce management, procurement, billing, asset tracking, service request management, work order management, building operations, and residential or commercial project administration.

2. Platform Operator

BuildNest is owned and operated by FIXLAB.

3. Platform Development and Maintenance

BuildNest is designed, developed, and technically maintained by SYSGO LLP.

4. Eligibility

To use BuildNest, you must:

• Be at least 18 years old.
• Have the legal authority to enter into binding agreements.
• Provide accurate and complete registration information.
• Comply with applicable laws and regulations.

Organizations registering on behalf of a business represent that they are authorized to bind that organization.

5. User Accounts

Users are responsible for maintaining account confidentiality, protecting credentials, restricting unauthorized access, and keeping account information accurate.

You are solely responsible for activities performed using your account credentials. BuildNest is not liable for losses resulting from unauthorized use of user accounts.

6. Subscription Services

BuildNest offers various subscription plans, including free access, monthly subscriptions, annual subscriptions, professional plans, enterprise plans, and custom business plans.

Features available depend on the selected subscription package. Subscription details and pricing are available on the website.

7. Payments and Billing

Users agree to pay all applicable subscription fees and taxes.

8. Free Access and Promotional Plans

BuildNest may offer free plans, free trials, or promotional access periods. Access may be limited, subscription payment may be required for paid features, and trial accounts may be converted into paid plans if applicable.

BuildNest reserves the right to modify or discontinue free or promotional programs at any time.

9. Acceptable Use Policy

Users agree not to misuse BuildNest or use the platform for prohibited activities.

10. User Content

Users retain ownership of content they upload, including project records, customer records, documents, images, reports, maintenance records, and business data.

By uploading content, users grant BuildNest a limited license to process, store, display, and transmit such content solely for service delivery purposes.

Users are solely responsible for the legality and accuracy of uploaded content.

11. Data Ownership

Customer data remains the property of the customer. BuildNest does not claim ownership of customer project information, uploaded documents, operational data, or customer-generated reports.

BuildNest retains ownership of the software platform and associated intellectual property.

12. Intellectual Property Rights

All rights related to BuildNest are reserved, including software, source code, designs, logos, trademarks, documentation, user interfaces, databases, and content.

Users may not copy, reproduce, modify, reverse engineer, resell, or redistribute any portion of the platform without written authorization.

13. Service Availability

BuildNest strives to provide reliable service but does not guarantee uninterrupted availability. Services may be temporarily unavailable due to scheduled maintenance, software updates, security incidents, internet disruptions, or force majeure events.

BuildNest shall not be liable for temporary service interruptions.

14. Data Backup

BuildNest performs reasonable backup procedures. Users are encouraged to maintain independent backups of critical information.

BuildNest does not guarantee recovery of all lost data.

15. Third-Party Services

BuildNest may integrate with payment gateways, SMS providers, email providers, authentication providers, and cloud infrastructure providers.

BuildNest is not responsible for the availability, performance, or policies of third-party services.

16. Suspension and Termination

BuildNest may suspend or terminate accounts if users violate these Terms, fail to make payments, engage in fraudulent activities, abuse platform resources, or create security risks.

Users may terminate their accounts by contacting support. Certain obligations may survive termination.

17. Limitation of Liability

To the maximum extent permitted by law, BuildNest, FIXLAB, SYSGO LLP, employees, directors, contractors, and partners shall not be liable for indirect damages, loss of profits, loss of business opportunities, data loss, business interruption, or consequential damages arising from use of the platform.

18. Maximum Liability

In any event, the total liability of BuildNest shall not exceed the total subscription fees paid by the customer during the twelve (12) months immediately preceding the claim.

19. Indemnification

Users agree to indemnify and hold harmless BuildNest, FIXLAB, SYSGO LLP, employees, directors, and contractors from claims, damages, liabilities, losses, and expenses arising from user content, violation of laws, violation of these Terms, or third-party claims.

20. Privacy

Use of BuildNest is governed by the BuildNest Privacy Policy. Users are encouraged to review the Privacy Policy before using the platform.

21. Changes to Services

BuildNest may add features, modify features, remove features, change pricing, or update functionality at its discretion.

Reasonable notice may be provided where practical.

22. Force Majeure

BuildNest shall not be liable for delays or failures resulting from events beyond reasonable control, including natural disasters, internet failures, government actions, power outages, cyberattacks, and labor disputes.

23. Governing Law

These Terms shall be governed and interpreted in accordance with the laws of India.

24. Dispute Resolution

Parties shall first attempt to resolve disputes amicably through good-faith discussions. If resolution is not achieved, disputes shall be subject to the exclusive jurisdiction of the competent courts located in Kollam, Kerala, India.

25. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

26. Entire Agreement

These Terms, together with the Privacy Policy, Refund Policy, and other applicable policies, constitute the entire agreement between users and BuildNest.

27. Contact Information

For questions about these Terms, contact BuildNest operated by FIXLAB.