Nexbuild Terms of Use

1.1 Eligibility

You must be at least 18 years of age to use the Services. By using the Services, you represent and warrant that you meet this requirement.

1.2 Nature of the Services

Nexbuild is an advanced takeoff and estimating software platform for the remodeling and construction industry. The Services use artificial intelligence ("AI") to analyze project data and generate takeoffs, including scope of work analyses, contractor recommendations, material lists, labor estimates, cost projections, and risk assessments. You acknowledge and agree that all AI-generated outputs are estimates only and must be independently verified by qualified professionals before use. See Section 10 for the complete AI-Generated Output Disclaimer.

1.3 Modifications to Terms

Nexbuild may modify these Terms at any time. Unless a change is required for legal or administrative reasons, Nexbuild will provide reasonable advance notice before updated Terms take effect. Continued use of the Services after the effective date of updated Terms constitutes your agreement to those updated Terms.

1.4 Service Availability

Nexbuild reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

1.5 Authority to Bind

If you accept these Terms on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind that entity to these Terms. If you lack such authority, you may not accept these Terms or use the Services on behalf of that entity.

2.1 Account Creation

Certain features of the Services require you to create an account. When creating your account, you must provide accurate and complete information and agree to keep it current. Nexbuild prohibits the creation of an account for anyone other than yourself.

2.2 Account Types

Individual Accounts. A single-user account for personal or professional use under one subscription.

Team Accounts. Multi-user accounts that allow collaboration under a shared subscription. Team accounts include an owner, members, and optional viewers.

2.3 Account Security

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify Nexbuild immediately of any unauthorized use of your account. Nexbuild is not liable for losses caused by unauthorized account access.

2.4 Account Restrictions

You may not: (a) use another user's account without permission; (b) solicit, collect, or use the login credentials of other Nexbuild users; or (c) create multiple accounts using different email addresses or other means to exploit free or promotional features. See Section 8 for the Free Demo Account and Anti-Abuse Policy.

3.1 Nexbuild Intellectual Property

The Services and all associated content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, APIs, software, AI models, algorithms, training data, pricing algorithms, prompt engineering, and all other elements of the Services ("Materials") are the proprietary property of Nexbuild and are protected by United States and international intellectual property laws ("IP Rights"). Any use of the Services not expressly authorized by these Terms is prohibited.

3.2 AI Models and Methodology

You acknowledge that Nexbuild's AI models, algorithms, prompt engineering, processing methodologies, and the underlying technology that generates outputs are valuable trade secrets and proprietary property of Nexbuild. You may not reverse-engineer, decompile, or attempt to extract the logic or structure of any AI model or algorithm used by the Services.

3.3 Platform Development License

You acknowledge and agree that all projects generated through and outputs produced by the Services may be used by Nexbuild for the development, improvement, and enhancement of the platform, including but not limited to training and refining AI models, improving output accuracy, and developing new features. Nexbuild may use such data in anonymized and aggregated form without restriction.

3.4 Trademarks

Nexbuild logos, trademarks, and service marks ("Nexbuild Marks") may not be used without prior written consent. Third-party marks displayed on the Services are the property of their respective owners.

4.1 License Grant

Subject to your compliance with these Terms and your applicable subscription plan, Nexbuild grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business and professional purposes in connection with remodeling and construction estimating.

4.2 Restrictions

You may not: (a) sublicense, resell, lease, or distribute the Services or any output to third parties as a competing service; (b) copy, reproduce, or redistribute the Materials except as expressly permitted; (c) decompile, reverse-engineer, or disassemble any software or AI component of the Services; (d) use the Services to build a competing product or service; (e) remove or alter any copyright or proprietary notices; or (f) use automated systems (bots, scrapers, spiders) to access the Services in a manner that exceeds normal human use.

4.3 Acceptable Use of AI Outputs

You may use AI-generated takeoffs and outputs for your own business purposes, including incorporating them into client proposals and estimates. However, you are solely responsible for verifying the accuracy and completeness of all outputs before relying on them or sharing them with third parties (see Sections 10, 11, and 12).

5.1 User Data Defined

"User Data" means all data, content, and information you submit to the Services, including but not limited to project descriptions, scope of work text, uploaded photographs, floor plans, area measurements, material selections, client information, and any other data you input.

5.2 Ownership

You retain all ownership rights in your User Data.

5.3 License to Nexbuild

By submitting User Data, you grant Nexbuild a non-exclusive, worldwide, royalty-free license to use, reproduce, process, store, transmit, and display your User Data solely for the purposes of: (a) operating and providing the Services, including processing User Data through AI systems for generating takeoffs; (b) improving and developing the platform using anonymized and aggregated data; and (c) complying with applicable law.

5.4 Data Processing

You acknowledge and consent to your User Data being processed through third-party AI large language models for the purpose of generating takeoffs. Nexbuild may change AI providers at any time without notice. See our Privacy Policy for details on data processing.

5.5 No Confidentiality Guarantee

While Nexbuild implements industry-standard security measures, Nexbuild does not guarantee confidentiality of User Data. You are encouraged to maintain your own backups.

5.6 Prohibited Conduct

You agree not to submit User Data or use the Services to:

• Upload content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or invasive of another's privacy
• Impersonate any person or entity
• Submit false, deceptive, or misleading project information
• Upload content that infringes any intellectual property or proprietary right
• Transmit viruses, malware, or other harmful code
• Interfere with or disrupt the Services or servers
• Use automated systems to access the Services beyond normal use
• Collect personally identifiable information of other users
• Use the Services for any purpose that violates applicable law

5.7 Data Retention and Deletion

Nexbuild may establish limits on data retention and storage. Nexbuild reserves the right to delete inactive accounts or User Data in accordance with our data retention policy. Nexbuild has no liability for deleted data.

7.1 Subscription Plans

Nexbuild offers the following subscription tiers:

7.2 Credit-Based Billing

The Services operate on a credit-based system. Projects consume credits based on complexity, number of tasks, and AI processing requirements. Each credit is valued at $0.10. Nexbuild reserves the right to adjust credit pricing with 30 days' prior notice.

7.3 Credit Rollover

All unused credits roll over month-to-month while your subscription remains active.

7.4 Cancellation

• Upon cancellation, your account will remain active for the remaining period of your current subscription term.
• No prorated refunds will be rendered for any remaining time on the subscription.
• Upon the expiration of the remaining subscription period, you will lose all accumulated rollover credits immediately. Rollover credits have no cash value and are non-transferable.

7.5 Non-Refundable Credits

Once AI processing for a project has been initiated, the credits consumed are non-refundable.

7.6 Auto-Renewal

Subscriptions automatically renew at the then-current rate unless cancelled before the renewal date. You may cancel auto-renewal at any time through your account settings.

7.7 Pricing Changes

Nexbuild reserves the right to change subscription pricing and credit costs. Changes will take effect at the start of your next billing cycle following at least 30 days' notice.

8.1 Free Projects

Nexbuild may offer a limited number of free projects through demo accounts to allow users to evaluate the platform.

8.2 One Account Per Person

Free project allocations are limited to one account per individual. Creating multiple accounts using different email addresses, aliases, or any other means to obtain additional free projects is strictly prohibited and constitutes a violation of these Terms.

8.3 Phone Verification

Access to free projects requires one-time phone verification via SMS to prevent abuse. Each phone number may only be associated with one free demo account.

8.4 Enforcement

Nexbuild reserves the right to suspend or terminate any accounts found to be abusing free project allocations, including accounts linked to the same phone number, device, or identified through other anti-fraud measures.

8.5 No Cash Value

Free project credits have no cash value and are non-transferable.

9.1 Team Roles

Team accounts include the following roles:

• Team Owner: Creates and manages the team; responsible for all billing.
• Members: Full access to team features and can create projects using team credits.
• Viewers: Read-only access to team projects. A team may have unlimited viewers. Viewers cannot generate takeoffs or consume credits.

9.2 Team Owner Billing Responsibility

The team owner is solely responsible for all billing associated with the team account, including charges incurred by all team members.

9.3 Removal of Team Members

If a team member is removed from a team, the projects created within that team will no longer be accessible to the removed member. The removed member must create a new individual account to continue using the platform.

9.4 Viewer Elevation

A viewer who wishes to use platform features (such as generating takeoffs or consuming credits) must either: (a) create a separate individual account with its own subscription; or (b) request the team owner or admin to elevate them to member status.

9.5 Team Owner Cancellation and Succession

If the team owner cancels the subscription, any existing team member may elect to assume billing responsibility and become the new team owner to keep the team account and all associated projects active. If no team member assumes billing within the applicable grace period, the team account will be deactivated in accordance with Section 7.4.

9.6 Team Credit Pool

All credits within a team account are pooled together and shared among members. Credit usage is tracked at the team level.

10.1 Estimates Only

All outputs generated by the Services — including but not limited to takeoffs, quotes, contractor recommendations, material lists, labor estimates, cost projections, and risk assessments — are estimates only and are provided for informational purposes. They do not constitute professional construction advice, engineering specifications, or permit-ready documents.

10.2 No Professional License

Nexbuild is not a licensed contractor, architect, engineer, surveyor, or permit authority. The Services are a software tool that uses AI to assist with estimating. Nexbuild does not provide professional construction, engineering, or architectural services.

10.3 Independent Verification Required

You must independently verify all AI-generated outputs before using them in any commercial, contractual, or regulatory context. This includes verifying material quantities, labor hour estimates, cost projections, contractor recommendations, and any other output.

10.4 Market Variability

You acknowledge that construction costs, material prices, and labor rates vary significantly by region, season, supplier, and current market conditions. Nexbuild's AI models may not reflect current local pricing or availability.

10.5 No Accuracy Warranty

Nexbuild provides no warranty regarding the accuracy, completeness, reliability, or fitness of any AI-generated output for any particular construction project.

10.6 No Liability for Differences

Nexbuild shall have zero liability for any difference between AI-generated estimates and actual project costs, timelines, or outcomes.

11.1 No Permit Determination

Nexbuild does not determine, advise on, or guarantee what permits, licenses, inspections, or regulatory approvals are required for any construction or remodeling project.

11.2 User Responsibility

You are solely responsible for identifying and obtaining all necessary permits, licenses, inspections, and regulatory approvals required for your project, including but not limited to building permits, zoning approvals, environmental clearances, and contractor licensing.

11.3 Informational References Only

The Services may reference permits, building codes, or regulatory requirements within AI-generated outputs. Such references are for informational guidance only and do not constitute legal, regulatory, or professional advice. You must consult with qualified professionals and local authorities to determine applicable requirements.

11.4 Full Liability Assumption

You assume all liability for compliance with applicable local, state, and federal building codes, zoning ordinances, environmental regulations, and contractor licensing requirements arising from your use of the Services or reliance on any AI-generated output.

11.5 Express Disclaimer

Nexbuild expressly disclaims any obligation or liability related to the permitting, licensing, inspection, or regulatory status of any project, contractor, or user of the platform.

12.1 Contractor Responsibility

When you generate a takeoff or quote using the Services and send it to a client, customer, or other third party (the "Recipient"), you are solely responsible for the accuracy, completeness, presentation, and terms of that estimate. You represent to the Recipient that the estimate is your own professional work product.

12.2 No Nexbuild-Recipient Relationship

Nexbuild is not a party to any agreement, transaction, or relationship between you and the Recipient. The Services provide the tools; you own the output and the client relationship.

12.3 Disputes with Recipients

Any disputes between you and a Recipient regarding a quote, estimate, project scope, pricing, or project outcome are solely between you and the Recipient. Nexbuild shall not be named as a party, co-defendant, or third-party defendant in any such dispute.

12.4 Indemnification

You agree to indemnify, defend, and hold Nexbuild harmless from any claims, losses, damages, liabilities, or expenses (including attorneys' fees) arising from or related to any quote or estimate you generate using the Services and provide to a Recipient.

14.1 Arbitration

Any dispute, claim, or controversy between you and Nexbuild arising out of or relating to these Terms, the Services, or any related matter will be resolved by binding arbitration in Denver, Colorado before one arbitrator, in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitrator shall apply the substantive laws of the State of Colorado.

14.2 Arbitrator Selection

Within ten (10) calendar days after the arbitration demand is served, the parties must jointly select an arbitrator with at least five years' relevant experience. If the parties cannot agree, either party may petition the AAA to appoint one.

14.3 Costs

Each party shall bear half of the arbitrator and administrative fees. The arbitrator may reallocate fees as part of a well-reasoned decision. The arbitrator may award attorneys' fees only as expressly authorized by statute or contract.

14.4 No Punitive Damages

The arbitrator shall have no authority to award punitive damages.

14.5 Individual Basis Only

All disputes must be resolved on an individual basis. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER PROCEEDINGS ARE NOT PERMITTED AND ARE WAIVED BY YOU. If any court or arbitrator finds this waiver unenforceable as to any part of a dispute, that part shall proceed in a court of law, with the remainder proceeding in arbitration.

14.6 Confidentiality

The existence, content, and results of any arbitration shall remain confidential unless disclosure is required to protect or pursue a legal right.

14.7 Jury Waiver

If any dispute proceeds in court rather than arbitration, both parties waive the right to a jury trial.

14.8 Opt-Out

You may opt out of binding arbitration within 30 days of first accepting these Terms by emailing info@nexbuild.ai with your full name and a clear statement of intent to opt out. If you opt out, disputes will be resolved in the state and federal courts in and for the City and County of Denver, Colorado, under Colorado law.

14.9 Survival

This arbitration provision survives cancellation or termination of your account or these Terms.

15.1 Voluntary Suspension and Deletion

You may suspend or delete your account at any time through your account settings.

15.2 Nexbuild-Initiated Actions

Nexbuild may suspend or terminate your account if Nexbuild determines, in its sole discretion, that you have violated these Terms or the Privacy Policy, including but not limited to:

• Submission of fraudulent project data
• Circumventing credit limits or subscription restrictions
• Abuse of the free demo account system
• Excessive or automated use of the Services outside normal parameters
• API abuse or unauthorized access attempts
• Any activity that is illegal or harmful to other users or to Nexbuild

15.3 Effect of Termination

Upon termination, all licenses granted to you under these Terms immediately cease. Your User Data may be deleted in accordance with our data retention policy. Terminated accounts' projects will be rendered inaccessible.

15.4 Repeat Infringers

In accordance with the DMCA, Nexbuild may terminate accounts of users who are deemed repeat infringers.

15.5 Survival

Termination does not relieve you of obligations incurred prior to termination, including payment obligations and indemnification duties.

16.1 AI Processing

The Services use third-party AI large language models ("LLMs") to process your User Data and generate takeoff outputs. You expressly consent to this processing.

16.2 Provider Flexibility

Nexbuild may use, change, or replace third-party AI providers at any time without notice. The Services are not tied to any specific AI provider, model, or version.

16.3 Third-Party Terms

Use of the Services is subject to the terms and availability of third-party AI providers. Nexbuild is not responsible for interruptions, errors, or limitations imposed by third-party AI providers.

16.4 No Guarantee of Availability

While Nexbuild endeavors to maintain continuous service, third-party AI provider outages or changes may temporarily affect the Services. Nexbuild is not liable for any such interruptions.

17.1 Definition

"Beta Services" means any feature, service, or component of the Services designated as alpha, beta, experimental, early access, pilot, or similar pre-release status.

17.2 As-Is Basis

Beta Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranty. Beta Services may contain bugs, errors, and inaccuracies. AI-generated outputs during Beta may have reduced accuracy compared to general availability releases.

17.3 Assumption of Risk

YOU ASSUME ALL RISKS AND COSTS ASSOCIATED WITH YOUR USE OF BETA SERVICES. Nexbuild is not obligated to provide maintenance, support, updates, or corrections for Beta Services.

20.1 General Limitation

IN NO EVENT SHALL NEXBUILD, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, REGARDLESS OF THE BASIS OF LIABILITY AND EVEN IF NEXBUILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 AI Output Exclusion

WITHOUT LIMITING THE FOREGOING, NEXBUILD SHALL HAVE NO LIABILITY FOR ANY LOSSES, DAMAGES, OR COSTS ARISING FROM RELIANCE ON AI-GENERATED TAKEOFFS, MATERIAL LISTS, LABOR ESTIMATES, COST PROJECTIONS, OR ANY OTHER OUTPUT OF THE SERVICES.

20.3 Permit and Compliance Exclusion

NEXBUILD SHALL HAVE NO LIABILITY FOR ANY PERMIT DENIALS, CODE VIOLATIONS, REGULATORY NON-COMPLIANCE, FINES, PENALTIES, OR PROJECT DELAYS ARISING FROM YOUR USE OF OR RELIANCE ON THE SERVICES.

20.4 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEXBUILD'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO NEXBUILD DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).

20.5 Statute of Limitations

YOU AND NEXBUILD AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

22.1 Fair Use

Nexbuild may implement rate limiting, usage thresholds, and other measures to ensure fair and equitable access to the Services for all users.

22.2 Prohibited API Uses

You may not: (a) scrape, crawl, or data-mine the Services; (b) reverse-engineer or attempt to extract AI prompts, model weights, or processing logic; (c) resell, sublicense, or redistribute API access; (d) use the API to build a competing product; or (e) exceed rate limits or usage thresholds.

22.3 Throttling and Suspension

Nexbuild reserves the right to throttle, restrict, or suspend access for any account engaging in excessive or abusive usage patterns.