Project Playbook Terms & Conditions
Last Modified: February 26, 2025
Acceptance
Billd Exchange, LLC, a Delaware limited liability company with its principal place of business at 3800 N. Lamar Blvd., Suite 210, Austin, Texas, 78756 (“Billd,” “we,” “us,” and “our”), is pleased to offer you (“Customer,” “you,” and “your”) critical construction contract insights using artificial intelligence powered by Document Crunch, Inc. (“Document Crunch”) (with such insights and any related or incidental documentation or services being collectively referred to herein as the “Services”). By using the Services, you agree to be bound by these Terms and Conditions, which shall govern all disputes between us and you relating to or arising out of the Services. If you do not agree to these Terms and Conditions, please do not request or use the Services. In the event of any conflict between these Terms and Conditions and any other information that we have communicated to you about the Services, these Terms and Conditions shall govern and control.
Description of Services
The Services include providing you with critical insights into the important provisions contained in the construction contracts that you upload and submit for review within the Billd Portal (collectively, the “Contracts”). When you request the Services, Billd will provide Document Crunch with the associated Contracts, and Document Crunch will analyze the same and generate a summary of key provisions for you (each, a “Playbook”). Billd will use commercially reasonable efforts to deliver each Playbook to you promptly after Document Crunch delivers the Playbook to Billd; provided, however, that Billd shall not be responsible for any delays in the delivery of the Playbooks. By using the Services, you represent and warrant to Billd, and agree, that the Services are for commercial use only and not for any family, household, or other personal purposes. By requesting the Services, you are also representing and warranting to us that each Contract is or forms a part of a bona fide construction contract for services rendered or to be rendered by Customer to the project identified in the Contract. We reserve the right to reject any request for Services that we determine, in our sole and absolute discretion, does not meet the foregoing requirements.
Payment
In consideration for the Services, you agree to pay the fees and charges posted in the Billd Portal and associated with the Services that you request from us. Such fees and charges will be electronically presented to you before you request the Services. To obtain the Services, you must provide us with a valid business credit card issued to the Customer by a bank or other financial institution located in the United States (the “Customer Credit Card”). The foregoing obligation includes providing Billd with the cardholder’s name, the card number, the expiration date, and the security code. You shall maintain the Customer Credit Card in effect so long as any payment obligations relating to the Services requested by you remain unpaid. By requesting the Services, you authorize Billd and/or its affiliate to initiate credit transactions against the Customer Credit Card to collect payment for the Services. Each such transaction shall be initiated upon delivery of the corresponding Playbook. All such transactions shall be initiated in conformance with applicable laws. You also authorize us to save your Customer Credit Card information so that we can initiate credit transactions from time to time to facilitate the provision of Services each time you request them from us. For the avoidance of doubt, Billd will not initiate a charge to the Customer Credit Card except as authorized by the foregoing or as otherwise expressly authorized by you. You agree to supply such additional information with respect to the foregoing as we may request from time to time.
Document Crunch Data Sharing & Outreach
By using the Services, you acknowledge and agree that Document Crunch and its representatives may contact Customer and its representatives to discuss Document Crunch’s products and services including, but not limited to, the Playbooks. In consideration for the Services, you authorize us to share with Document Crunch the Contracts you submit in conjunction with the Services and certain other information pertaining to Customer and its representative(s) to allow Document Crunch to contact you (collectively, the “Customer Information”). You acknowledge that the Customer Information may include personal or personally identifiable information of Customer’s representative(s) who request the Services, including, but not limited to, the first name, last name, email address, telephone number, company name, and/or geographic location.
Representations and Warranties
Each time you request the Services, you are representing and warranting to us that: (a) Customer is the rightful owner of the Contracts; (b) Customer has the full right and authority to share, disclose, and otherwise publish the Contracts and the Customer Information to Billd, Document Crunch, and each of their respective employees, representatives, agents, contractors, service and software providers, affiliates, successors, and assigns, in each case, for the contemplated purposes; and (c) the sharing, disclosure, and use of the Contracts and Customer Information for the contemplated purposes does not violate the terms and conditions of any of the Contracts, any other agreements or obligations by which Customer is bound, or any applicable laws including, but not limited to, consumer data privacy and invasion of privacy laws.
Disclaimer of Warranties; Limitation of Liability
You acknowledge that the Services will involve the review, interpretation, analysis, and summarization of the Contracts and that your use of the Services and reliance upon information contained within the Playbooks may impact the legal rights and obligations of Customer and/or third parties. You acknowledge that the Services and the Playbooks are provided for informational purposes only and shall not be construed by you as legal, financial, or other professional advice. You further acknowledge that neither Billd nor any of its affiliates or representatives who will be engaged in providing the Services are law firms, lawyers, financial professionals, or other licensed professionals. You are advised to seek and obtain your own legal and professional representation in connection with your use of the Services and the Playbooks. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES AND THE PLAYBOOKS ARE PROVIDED TO CUSTOMER ON AN AS-IS, WHERE IS, AND WITH ALL FAULTS BASIS, AND (A) THE COMPANY AND ITS REPRESENTATIVES AND AFFILIATES HAVE NEITHER MADE NOR MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR THE PLAYBOOKS WHATSOEVER, WHETHER ORAL OR WRITTEN, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF SUITABILITY, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES OR REPRESENTATIONS BASED ON COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. Furthermore, you acknowledge that you have not relied on any representations or warranties made by the Company or any other person on the Company’s behalf, with respect to these Terms and Conditions, the Services, the Playbooks, or otherwise. By using the Services, you agree that your sole and exclusive remedy arising from any dispute relating to these Terms and Conditions, the Services, and the Playbooks, whether arising in negligence, tort, under statute, in equity, or otherwise (each, a “Dispute”), shall in all cases be limited to recovering the amount you paid in consideration for the discrete Services giving rise to the Dispute. Subject to and without limiting the generality of the foregoing sentence, you agree that the Company and its affiliates’ aggregate liability for all Disputes shall be limited to $500.00 USD. In no event shall the Company or any of its affiliates or representatives be liable for any indirect, incidental, consequential, punitive, or other enhanced damages whatsoever. By using the Services, you waive and release the Company and each of its affiliates and representatives from any claim, injury, cost, expense, damage, or other liability of any kind or character that may occur or arise, directly or indirectly, from (a) technical failures or breaches of any kind, including, without limitation, data breaches and/or the malfunctioning of any computer, cable, network, hardware or software, or with the Services themselves; (b) the disruption, unavailability, or inaccessibility of any internet or other utility service which may be required to use, access, or receive the Services; (c) any delay in providing the Services or delivering the Playbooks, and (d) human error or unauthorized intervention in any part of the Services. BY USING THE SERVICES, YOU WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS AND CONDITIONS, AND/OR THE PLAYBOOKS.
Governing Law; Mandatory Arbitration
You acknowledge and agree that these Terms and Conditions shall be governed by and interpreted under the laws of the State of Texas, without respect to conflicts of law principles. You agree that any Dispute, controversy, or claim between us and you arising out of or in any way related to the Services, the Playbooks, or these Terms and Conditions, including but not limited to claims for breach of contract, negligence, tort, deceptive trade practices, breach of duty and all other common law, statutory, and other claims of any kind or character, shall be fully and finally determined by submission of the Dispute, controversy, or claim to mandatory binding arbitration pursuant to the Commercial Rules of the American Arbitration Association. You further agree that with respect to any proceeding initiated pursuant to this provision: (a) any claim or claims a party may bring pursuant to this provision may not be consolidated with the claims of any other person or entity, and you waive any right to the consolidation of claims; and (b) any hearing conducted shall be held in Austin, Texas, or in such place as Billd may otherwise agree in writing.
No Affiliation; Incorporation
You acknowledge that the Services are being offered by Billd in coordination with Document Crunch, however, neither Billd nor any of its affiliates is affiliated with Document Crunch or any of its affiliates in any way. By using the Services, you shall be deemed to have agreed to Document Crunch’s Terms of Service, Privacy Policy, Cookie Policy, and any other terms or conditions applicable to the use of Document Crunch’s website and its associated products and services, as the same may be modified, amended, and/or superseded from time to time by Document Crunch (collectively, the “Document Crunch Terms of Use”). By using the Services, you agree to comply with Document Crunch’s Terms of Use. In the event of any conflict between these Terms and Conditions and Document Crunch’s Terms of Use, Document Crunch’s Terms of Use shall govern and control.
Indemnity
By using the Services, Customer agrees to indemnify, defend, and hold Billd and its affiliates harmless from and against any: (i) claims or allegations that the use of the Services violates the rights of any third parties, including without limitation, intellectual property and privacy rights, (ii) violations or alleged violations of Document Crunch’s Terms of Use, (iii) claims by Customer’s employees and representatives which may arise in connection with or relate to your use of the Services or these Terms and Conditions, and (iv) any third party claims arising from or relating to your use of the Services.
Amendments; Severability
Billd reserves the right to modify, amend, suspend, cancel, and/or discontinue the Services and these Terms and Conditions at any time, for any reason or no reason, and without prior notice to you. Upon termination of the Services, we will refund you any portion of the fees and charges corresponding to Services that were requested but which have not been delivered to you as of the termination date. Any modifications to these Terms and Conditions shall take effect immediately upon posting to the Billd Website (https://billd.com/project-playbook-terms). In the event any provision of these Terms and Conditions is found to be unenforceable, invalid, or illegal, then such provision shall be severed, and the remaining provisions of the Terms and Conditions shall remain in full force and effect.
Contact Information
If you have any questions about the Services or these Terms and Conditions, please contact Billd via e-mail at legal@billd.com.
