Please read these Terms of Service carefully. They form a legally binding agreement between you and FloBuildr LLC ("FloBuildr," "we," "us," or "our"), a South Carolina limited liability company, governing access to and use of the FloBuildr websites, web applications, mobile applications, APIs, customer portals, electronic signing experiences, payment links, and related services (collectively, the "Services").
By accessing or using the Services, creating or accepting an account or invitation, clicking to accept, submitting a demo or contact form, or otherwise indicating assent, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.
If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.
Legal entity: FloBuildr LLC (South Carolina Entity ID 01566009), registered agent: Registered Agents Inc, 6650 Rivers Ave STE 100, Charleston, SC 29406.
Contact: contact@flobuildr.com.
You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use the Services as an Authorized User or Customer representative. The Services are intended for business use, not personal consumer use as a primary purpose.
Access for company users is typically invitation-based. You agree to: (a) provide accurate account information; (b) keep credentials confidential; (c) promptly notify us of unauthorized access; and (d) accept responsibility for activity under your credentials and, if you are a Customer, under your tenant (except to the extent caused by FloBuildr's breach of these Terms).
We may refuse registration, suspend accounts, or require identity or authority verification at our discretion where reasonably necessary for security, compliance, or abuse prevention.
FloBuildr provides construction operations software that may include, depending on your plan and configuration: CRM and account/property management; pipeline and job management; estimating and contracting; electronic signatures; scheduling and calendars; field tools (including photos, daily logs, punch lists, and location-assisted time tracking); invoicing and payments; customer portals; messaging; document storage; workflows; reporting; AI-assisted features; and third-party integrations.
We may modify, add, or discontinue features. If we materially reduce core paid functionality, we will use commercially reasonable efforts to provide notice. Beta, preview, or experimental features are provided AS IS, may be changed or withdrawn at any time, and may be subject to additional terms.
We do not provide construction, design, engineering, legal, tax, accounting, or insurance advice. Output of the Services (including estimates, measurements, AI suggestions, property data, weather, maps, and supplier pricing) is for operational assistance only and must be independently verified by you before reliance.
Paid plans, trials, custom pricing, and entitlements are as stated in an Order or in-product billing screens. Fees are generally billed in advance and are non-refundable except as expressly stated in an Order or required by law.
You authorize us and our payment processor to charge your designated payment method for subscription fees, applicable taxes, and any agreed usage-based or application fees. Failed payments may result in suspension or termination. We may change prices upon renewal with notice; continued use after the effective date constitutes acceptance unless you cancel before renewal as permitted.
You are responsible for all taxes associated with the Services, excluding taxes based on FloBuildr's net income. Customer invoice payments collected via Connected Accounts (for example, Stripe Connect) are transactions between the Customer and its End Customers; FloBuildr may charge platform/application fees as disclosed. FloBuildr is not a bank, money transmitter (except as may be required by law for limited payment facilitation), escrow agent, or guarantor of payment.
Customers and Authorized Users agree not to, and not to permit others to:
Customers are solely responsible for: (a) Customer Data and its accuracy, legality, and appropriateness; (b) configuring roles, permissions, retention settings, and integrations; (c) obtaining all rights and consents needed to process End Customer and employee data (including location tracking and workplace monitoring where applicable); (d) the content of estimates, contracts, invoices, and other documents; (e) decisions made using the Services; and (f) compliance with construction, consumer, e-sign, privacy, employment, tax, and licensing laws applicable to their business.
As between the parties, Customer retains all right, title, and interest in Customer Data. Customer grants FloBuildr a worldwide, non-exclusive license to host, copy, process, transmit, display, and otherwise use Customer Data solely to provide, maintain, secure, and improve the Services, to prevent or address service, security, support, and technical issues, and as otherwise described in the Privacy Policy or required by law.
For Customer Data, Customer is the controller / business and FloBuildr is the processor / service provider, except for data FloBuildr collects as an independent controller (for example, billing contacts, marketing leads, and platform Usage Data), as described in the Privacy Policy.
Customer represents and warrants that it has all rights, notices, and consents necessary to provide Customer Data to FloBuildr and to permit processing as contemplated by these Terms, including for portals, e-signatures, payments, location features, AI features, and integrations Customer enables.
We may create de-identified or aggregated data from Usage Data and Customer Data that does not identify Customer or individuals, and may use and disclose such data for lawful business purposes, including improving the Services.
Customers may generate tokens or links that allow End Customers (or anyone possessing the link) to view or interact with selected information without a FloBuildr login. Customer is solely responsible for link distribution, section configuration, revocation, and any notices to End Customers. FloBuildr has no obligation to independently verify the identity of link recipients. End Customers' use of portal, signing, PDF, or payment links is subject to these Terms to the extent applicable, and to any additional consent presented in those flows.
The Services may facilitate electronic signatures and related audit trails (including signer name, signature data, consent, IP address, user agent, and timestamps). Customer is responsible for determining whether electronic signatures are appropriate and enforceable for a given transaction and jurisdiction, for the accuracy of documents presented, and for retaining copies as required by law. FloBuildr is not a party to documents signed through the Services (unless FloBuildr is expressly named as a party in a separate agreement). Consent checkboxes and audit records are tools to support Customer's compliance; they do not constitute legal advice or a guarantee of enforceability.
By signing electronically, a signer agrees that their electronic signature is intended to be the legal equivalent of a handwritten signature for the document presented, to the maximum extent permitted by applicable law (including the U.S. ESIGN Act and UETA, where applicable).
If Customer enables payment collection through the Services, payment processing is provided by third-party processors (such as Stripe). Customer must comply with processor terms, including Stripe Connected Account Agreement terms where applicable. FloBuildr does not control End Customer payment methods, does not guarantee collection, and is not responsible for chargebacks, disputes, refunds, or tax reporting related to Customer's underlying construction or sales contracts, except for platform fees FloBuildr charges. Customer is responsible for providing accurate invoice amounts and payee information.
Optional integrations (including accounting, maps, weather, property data, suppliers, webhooks, and AI model providers) are subject to the third party's terms and privacy practices. Enabling an integration authorizes FloBuildr to exchange data with that third party as needed to provide the integration. FloBuildr is not responsible for third-party services, outages, data handling, or accuracy.
AI features may send prompts and context (which can include Customer Data) to third-party model providers using Customer-supplied or Customer-authorized API keys. AI outputs may be inaccurate, incomplete, or inappropriate. Customer remains solely responsible for reviewing AI outputs before use and for configuring AI access. FloBuildr does not warrant AI outputs.
Mobile apps may request permissions for camera, photos, microphone, and location. Location may be used for clock-in/out, geofencing, and related field workflows. Customer is responsible for providing any legally required employee/contractor notices and obtaining consents for workplace location monitoring. Users may revoke device permissions, which may disable related features.
Customers may enable FloBuildr to send transactional SMS to End Customers about jobs and schedules (for example, appointment reminders and status updates). Message frequency varies. Message and data rates may apply. End Customers may reply HELP for help or STOP to cancel. Recipients may also text JOIN to opt in where keyword opt-in is supported.
SMS opt-in is not required to use FloBuildr generally. Customer must obtain affirmative End Customer consent before enabling SMS opt-in in the Services (checkbox/switch is off by default). Customer is responsible for that consent. FloBuildr and its SMS providers deliver messages only for accounts with recorded consent and honor STOP/HELP (and related) keywords. Program support: support@flobuildr.com. See also our Privacy Policy.
The Services, including software, UI, documentation, logos, and FloBuildr trademarks, are owned by FloBuildr and its licensors and are protected by intellectual property laws. Except for the limited right to use the Services as permitted under these Terms and an applicable Order, no rights are granted. You may not remove proprietary notices.
Feedback you provide may be used by FloBuildr without restriction or compensation.
Customer marks and Customer Data remain Customer's. FloBuildr may identify Customer as a customer (name and logo) unless Customer opts out in writing, except that we will not disclose confidential Customer Data in marketing.
Each party may receive non-public information from the other that is marked confidential or should reasonably be understood as confidential ("Confidential Information"). The receiving party will use Confidential Information only to perform under these Terms and will protect it with reasonable care. Confidential Information does not include information that is public through no fault of the recipient, independently developed, or rightfully received from a third party without duty of confidentiality. Disclosure may be made if required by law, with notice where legally permitted.
Support is provided on a commercially reasonable basis during stated business hours unless an Order provides otherwise. We implement reasonable security measures, but Customer is responsible for its own access controls, devices, and link hygiene.
To provide support or investigate issues, FloBuildr personnel may access Customer tenants, including through administrative tools or temporary impersonation/session assistance, subject to internal controls. Customer authorizes such access as reasonably necessary to operate and support the Services.
You may stop using the Services at any time. Customers may request account closure by contacting us; we may require verification and settlement of outstanding fees.
We may suspend or terminate access immediately if: (a) you breach these Terms; (b) fees are unpaid; (c) we must do so for security, legal, or operational reasons; (d) your use risks harm to the Services or others; or (e) required by law or a payment processor. We may terminate for convenience upon notice where permitted by an Order.
Upon termination, your right to use the Services ceases. We may delete or disable access to Customer Data after a commercially reasonable period, subject to our Privacy Policy, backup cycles, and legal holds. Customers are responsible for exporting needed data before termination. Sections that by nature should survive (including ownership, fees owed, disclaimers, limitations, indemnities, and dispute terms) will survive.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." FLOBUILDR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS; THAT CUSTOMER DATA WILL NEVER BE LOST OR CORRUPTED; OR THAT ESTIMATES, MEASUREMENTS, MAPS, PROPERTY DATA, WEATHER, SUPPLIER PRICING, AI OUTPUTS, SIGNATURES, OR PAYMENT FLOWS WILL MEET YOUR REQUIREMENTS OR BE LEGALLY SUFFICIENT FOR YOUR TRANSACTIONS.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS; IN THOSE JURISDICTIONS, DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOBUILDR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, REGARDLESS OF THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOBUILDR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER TO FLOBUILDR FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (OR, IF NO FEES WERE PAID, ONE HUNDRED U.S. DOLLARS (US $100)).
THE LIMITATIONS IN THIS SECTION APPLY COLLECTIVELY TO ALL CLAIMS AND FORM AN ESSENTIAL BASIS OF THE BARGAIN. THEY APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW (INCLUDING LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT WHERE SUCH LIMITATION IS PROHIBITED).
Customer will defend, indemnify, and hold harmless FloBuildr and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Data; (b) Customer's or its Authorized Users' use of the Services; (c) Customer's products, services, construction work, estimates, contracts, invoices, or dealings with End Customers; (d) portals, share links, e-signatures, payments, location tracking, AI use, or integrations enabled by Customer; (e) Customer's breach of these Terms or violation of law; or (f) disputes between Customer and its Authorized Users, End Customers, vendors, or other third parties.
FloBuildr will promptly notify Customer of covered claims (failure to notify only excuses Customer to the extent materially prejudiced), and Customer will not settle any claim admitting fault or imposing obligations on FloBuildr without FloBuildr's prior written consent.
If you believe content on the Services infringes your copyright, send a notice to contact@flobuildr.com with the information required by 17 U.S.C. § 512. We may remove content and terminate repeat infringers as appropriate.
You may not use or export the Services in violation of U.S. export control or sanctions laws. You represent that you are not located in a sanctioned jurisdiction and are not a prohibited party. If you are a U.S. government user, the Services are "commercial computer software" and "commercial computer software documentation" provided with only those rights customarily provided to the public.
Marketing site content is for general information and may change. Submitting contact, demo, or waitlist forms authorizes us to contact you about FloBuildr. Product pages do not constitute an offer unless confirmed in an Order.
We may update these Terms from time to time. The "Last updated" date will change when we post revisions at this URL. For material changes, we will provide additional notice where appropriate (for example, email or in-product notice). Except where applicable law or an Order requires otherwise, continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Services and, if applicable, cancel your subscription.
These Terms are governed by the laws of the State of South Carolina, USA, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.
Informal resolution. Before filing a claim, you agree to contact us at contact@flobuildr.com and attempt to resolve the dispute informally for 30 days.
Binding arbitration. Except for the Excluded Claims below, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or Consumer Arbitration Rules if applicable). The arbitration will be conducted by a single arbitrator. The seat of arbitration will be Charleston, South Carolina, unless the parties agree otherwise or applicable rules require a different location for consumer matters. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. YOU AND FLOBUILDR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.
Excluded Claims. Either party may bring an individual action in small claims court if it qualifies. Either party may seek injunctive or other equitable relief in court to protect intellectual property or confidential information, or to address unauthorized access or abuse of the Services. If the class waiver is found unenforceable as to a particular claim, that claim must proceed in court and not in arbitration.
Opt-out. You may opt out of arbitration within 30 days of first accepting these Terms by emailing contact@flobuildr.com with your name, company (if any), and a clear statement that you opt out of arbitration. Opting out does not affect other Terms.
If arbitration is unavailable or this Section is found unenforceable in whole, exclusive venue for disputes will be the state or federal courts located in Charleston County, South Carolina, and you consent to personal jurisdiction there, except where prohibited by law.
Questions about these Terms:
These Terms and the Privacy Policy are provided for operational use and risk allocation. They are not a substitute for advice from your own attorney. Have counsel review before relying on them for regulated or high-stakes deployments.