Terms, Privacy & Liability

These terms form a binding contract between you (and the company you represent) and AverageBuild. If you do not agree, do not create an account or use the service. If you accept on behalf of a company, you represent that you have authority to bind that company.

You are responsible for keeping your login credentials confidential and for all activity under your account. You must provide accurate information at signup and keep it current. Features may be added, changed, or removed over time as the product evolves.

You agree not to:

• Use the service to violate any law or third-party right.
• Upload malware, scrape, reverse engineer, or attempt to bypass security.
• Resell, sublicense, or expose the service to third parties as your own.
• Use the service to send spam or unsolicited messages.
• Submit personal data of others without a lawful basis to do so.

We may suspend accounts that violate this section without notice.

You retain ownership of the project data, photos, invoices, estimates, time entries, client records, and other content you put into AverageBuild (“Customer Data”). You grant us a limited license to host, process, transmit, and display Customer Data only as needed to provide and improve the service.

You are solely responsible for the accuracy, completeness, legality, and timeliness of all Customer Data, including data that is missing, blank, partially filled, out of date, duplicated, mis-categorised, or entered by another user on your account. AverageBuild does not validate, audit, or guarantee the correctness of any field, calculation, total, tax rate, quantity, unit, or status displayed in the app. Before sending an invoice, signing a change order, paying a subcontractor, billing a client, or making any other business decision, you must independently verify the underlying numbers and documents.

You are responsible for obtaining any consents required to upload Customer Data (including photos of identifiable people on a jobsite, client contact details, and employee or subcontractor personal information) and for complying with all applicable privacy, labour, tax, and record-keeping laws.

You are responsible for maintaining your own independent backups and exports of any Customer Data you cannot afford to lose. The export features in the app are provided as a convenience and are not a guaranteed backup service.

We collect the information you provide (name, email, company, billing info), data you create in the app, and basic technical logs (IP, browser, request metadata) needed to run and secure the service. We use this data to operate AverageBuild, support you, prevent abuse, and comply with law. We do not sell your data. Sub-processors we rely on include our hosting and database provider, email delivery provider, and (where enabled) AI inference providers used to process documents you upload. Where required by law you have the right to access, correct, export, or delete your personal data — contact us at the address below.

We implement reasonable administrative, physical, and technical safeguards designed to protect Customer Data, including encryption in transit, role-based access controls, and row-level security in our database. No system is perfectly secure. AverageBuild does not warrant that the service will be free from vulnerabilities, intrusion, interception, or unauthorised access.

To the maximum extent permitted by law, AverageBuild is not liable for any disclosure, exfiltration, leakage, or unauthorised access to Customer Data caused by: your or your users’ credentials being compromised, phishing, weak or reused passwords, devices left unattended, mis-configured sharing or access settings, actions of users you have invited to your company, third-party integrations you enable, sub-processor incidents outside our reasonable control, or zero-day vulnerabilities. You are responsible for promptly removing access for departed users, rotating credentials, and notifying us of any suspected compromise of your account. Where required by law, we will notify affected customers of a confirmed security incident within the timeframes the law requires.

AverageBuild is a tool for you to manage your relationships with your own clients, subcontractors, suppliers, and crew. We are not a party to any contract, estimate, change order, invoice, payment, or dispute between you and those third parties. We do not endorse, vet, or guarantee the performance, creditworthiness, identity, or licensing status of anyone you transact with through the service.

You are solely responsible for: the content of estimates, contracts, and invoices you create; the terms you offer your clients; the accuracy of pricing, scope, and schedules; collecting payment; classifying workers; complying with wage, lien, and consumer-protection laws; and resolving any dispute that arises. AverageBuild is not liable for lost jobs, cancelled contracts, unpaid invoices, chargebacks, client dissatisfaction, reputational harm, mechanic’s lien issues, or any other damages arising from your dealings with third parties — even where the underlying communication, document, or record was created or stored in AverageBuild.

When you send an email, invoice, estimate, schedule notification, or other message through AverageBuild, you are the sender and author of that message. You are responsible for its content, accuracy, the recipient list, and compliance with anti-spam, marketing, and electronic-communications laws (including CAN-SPAM, CASL, GDPR/PECR, and similar). We do not guarantee delivery, deliverability, inbox placement, open tracking accuracy, or read receipts; messages may be delayed, filtered as spam, bounced, or fail silently. AverageBuild is not liable for any damages caused by a message that was, or was not, delivered.

Some features (such as invoice scanning, document extraction, and suggestions) use automated or AI models. These features are probabilistic and may produce incorrect, incomplete, biased, or fabricated results, including wrong totals, wrong dates, wrong vendor names, missed line items, or misclassified data. AI output is provided as a draft for you to review — never rely on it without human verification. AverageBuild is not liable for any loss arising from your reliance on AI-generated output, and reserves the right to change, throttle, or disable AI features at any time.

The service relies on third-party providers (hosting, database, email delivery, authentication, AI inference, payments, analytics) and may offer optional integrations with other tools you use. Those third parties are governed by their own terms and privacy policies. AverageBuild is not responsible for the availability, security, accuracy, billing, or actions of any third party, and is not liable for any damages caused by their outage, failure, change, discontinuation, or breach.

Paid plans are billed at the price stated on the pricing page and renew automatically until cancelled. Fees are non-refundable except where required by law. You authorise us (or our payment processor) to charge the payment method on file. Taxes are your responsibility.

The service is provided “as is” and “as available”.

To the maximum extent permitted by law, AverageBuild disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, accuracy of calculations or estimates, completeness of records, uninterrupted operation, secure operation, error-free performance, and that defects will be corrected. No advice or information obtained from AverageBuild creates any warranty not expressly stated in these terms.

Read this section carefully — it limits our liability.

To the maximum extent permitted by law, AverageBuild, its owners, employees, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, contracts, clients, jobs, reputation, or anticipated savings, even if advised of the possibility.

We are not liable for any loss, corruption, deletion, leakage, exposure, or inaccessibility of Customer Data, including data lost or disclosed due to: hosting or third-party outages; bugs, defects, or regressions; mistaken deletions or edits by you or another user on your account; account suspension or termination; failed, missing, or corrupted backups; export or import errors; AI mis-extraction; compromised credentials; phishing; mis-configured permissions; user-invited collaborators acting outside your instructions; sub-processor incidents; cyber-attack; or any circumstance beyond our reasonable control.

We are not liable for damages arising from data that is missing, incomplete, blank, out of date, duplicated, mis-keyed, mis-categorised, or otherwise inaccurate — whether entered by you, by another user on your account, by AI, or imported from another system. You are responsible for verifying every figure, document, schedule, contact, and status before you act on it.

Our total aggregate liability for any and all claims arising out of or relating to the service, the data in it, communications sent through it, or these terms, will not exceed the greater of (a) the amount you paid AverageBuild in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the smallest amount permitted by law.

AverageBuild is a software tool. It is not a substitute for licensed professional advice (legal, accounting, engineering, insurance, safety, or labour). Decisions you make on the jobsite or with your clients — including pricing, contracts, payroll, taxes, safety, lien filings, and code compliance — are yours alone.

You will defend, indemnify, and hold harmless AverageBuild and its owners, employees, contractors, and suppliers from any third-party claim, loss, damage, fine, or expense (including reasonable legal fees) arising out of or related to: (i) your Customer Data, including its accuracy, completeness, or absence; (ii) your use of the service or your account; (iii) communications sent through the service by you or your users; (iv) any dispute, contract, invoice, or claim between you and your clients, subcontractors, suppliers, employees, or other third parties; (v) your violation of these terms; or (vi) your violation of any law or third-party right (including privacy, IP, labour, consumer-protection, and tax laws).

You may stop using the service at any time and delete your account from the account settings or by emailing us. We may suspend or terminate accounts that violate these terms, that we reasonably believe pose a security or legal risk, that are non-paying, or that have been inactive for an extended period. On termination, your right to use the service ends immediately and we may delete Customer Data after a reasonable grace period; we are not liable for data deleted after termination, and it is your responsibility to export anything you need to keep before that point.

These terms are governed by the laws of the jurisdiction in which AverageBuild is established, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts of that jurisdiction for any dispute arising from these terms or the service, except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information. Any claim must be brought within one (1) year after it arises or it is permanently barred, to the extent allowed by law.

We may update these terms from time to time. Material changes will be announced in the app or by email; continued use after the effective date constitutes acceptance. For questions, data requests, or notices, contact support@averagebuild.com.