Terms of Service
These Terms of Service ("Terms") govern your access to and use of the iBuildPro mobile and web applications and any related services (collectively, the "Service") provided by iBuild Pro AI LLC ("iBuildPro," "we," "us," "our"). By creating an account, signing in, or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes that organization.
1. Account, credentials, and access
You must be at least 18 years old and capable of entering into a binding contract to use the Service. You are responsible for the accuracy of the information you provide.
Your login credentials — including any username, password, API key, access token, one-time code, or other authentication mechanism (collectively, "Credentials") — are personal to a single, named individual. You must keep your Credentials confidential and secure. You may not share, sell, lend, transfer, disclose, publish, or otherwise make your Credentials available to any other person, and you may not permit any other person to access or use the Service through your Credentials. Each individual who needs access must obtain their own Credentials through the proper account process.
You are fully responsible for all activity that occurs under your Credentials, whether or not you authorized it. If you share, leak, or fail to secure your Credentials and another person uses them, you are responsible for that person's actions as if they were your own, including any breach of these Terms committed by that person. You must notify us immediately at the address in the Contact section if you know or suspect that your Credentials have been lost, stolen, shared, or used by anyone other than you.
2. License to use the Service
Subject to these Terms and your timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service through Credentials issued to you, for your internal business purposes during the term of your subscription. This license grants you no ownership of any kind in the Service. All rights not expressly granted are reserved. You may not (a) reverse engineer, decompile, disassemble, or attempt to derive source code or underlying methods, except to the narrow extent this prohibition is unenforceable under applicable law; (b) lease, sell, or sublicense the Service; (c) use the Service to build a competing product; or (d) circumvent any access controls or rate limits.
3. Protection of the Service's workflow and logic
"Workflow and Logic" means, collectively, the Service's user flows, screen and dialog sequences, data models, field structures, business rules, calculation methods, automation logic, process design, internal architecture, look-and-feel, the selection and arrangement of features, and any other method or manner by which the Service operates or guides a user through a task — whether or not any of the foregoing is patented, registered, or marked as confidential. The Workflow and Logic is proprietary to iBuildPro, embodies substantial investment, and constitutes our trade secrets and confidential information.
You agree that you will not, and will not permit, assist, or enable any other person (including anyone using your Credentials) to:
- Copy, reproduce, reconstruct, imitate, or recreate the Workflow and Logic, in whole or in part, in any other software, product, service, document, or system;
- Reverse engineer, decompile, scrape, or otherwise attempt to derive or extract the source code, data structures, business rules, or underlying methods of the Service, except to the narrow extent this prohibition is unenforceable under applicable law;
- Build, design, specify, or assist in building a product or service that competes with the Service by using, referencing, or being informed by the Workflow and Logic or other confidential information;
- Disclose, demonstrate, or provide access to the Service, its screens, or its Workflow and Logic to any actual or potential competitor, or to anyone for the purpose of replicating it;
- Use the Service to provide a service bureau, white-label clone, or look-alike offering to third parties; or
- Allow your access to be used by any person whose purpose is to study, document, or copy how the Service works.
4. Customer data
"Customer Data" means any data, files, photos, documents, contacts, or other content that you or your end users submit to the Service. You retain all rights in Customer Data. You grant us a limited license to process Customer Data solely to provide and improve the Service, prevent abuse, comply with law, and as otherwise authorized in our Privacy Policy.
You represent that you have all rights, consents, and authorizations necessary to submit Customer Data and to allow our processing of it for the purposes described. You are responsible for the accuracy, legality, and quality of Customer Data, and for obtaining valid consent from any individual whose data you submit (including for SMS, WhatsApp, and email communications).
5. Acceptable use
You will not, and will not permit any user to:
- Violate any law, regulation, or third-party right.
- Send spam or unsolicited communications, or violate the TCPA, CAN-SPAM, GDPR, CCPA, or other applicable communication laws.
- Send messages without the recipient's valid consent and clear opt-out option.
- Upload or transmit malware, viruses, or harmful code.
- Probe, scan, or test the vulnerability of the Service except as part of an authorized security review.
- Attempt to access another tenant's data or bypass tenant isolation.
- Use the Service to harass, defame, or threaten any person.
- Misrepresent your identity or affiliation.
- Resell or rent the Service without our written agreement.
- Share login Credentials or copy the Workflow and Logic in violation of sections 1 and 3.
We may monitor use of the Service, including for signs of credential sharing or copying of the Workflow and Logic, and may immediately suspend or terminate any account or Credentials we reasonably believe are being used in violation of these Terms, with or without prior notice, to protect the Service and its confidential information.
6. Subscriptions, fees, and payment
Paid plans are billed on a recurring subscription basis (monthly or annually) at the rates and inclusions described in your order or in the in-app Billing & Usage page. You authorize us to charge your designated payment method for all fees due. Fees are non-refundable except where required by law or as expressly stated. We may revise pricing on notice; revised prices apply to renewal periods. Late payments may result in suspension of the Service.
Customer-payment processing (where you accept payments from your own customers through the Service) is handled by Stripe, Inc. and is subject to Stripe's terms.
7. Trial periods
If a free trial is offered, it runs for thirty (30) days. For companies that sign up for their own workspace, the trial begins on the date iBuildPro approves the company for access to the Service, and ends thirty (30) days after that approval date. Your subscription renews automatically at the end of the trial unless cancelled before the trial ends. You can cancel any time before trial end without charge.
8. Third-party services and integrations
The Service connects to third-party services such as QuickBooks, Google Calendar, GoHighLevel, Twilio, Resend, Anthropic, and Stripe. Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their actions or content. You are responsible for maintaining valid credentials and authorizations with each integrated service.
9. Intellectual property
The Service, including all software, designs, trademarks, the Workflow and Logic, and content authored by us, is the exclusive property of iBuild Pro AI LLC and its licensors. These Terms do not transfer any of those rights to you, except for the limited license in section 2. Feedback, suggestions, and ideas you provide may be used by us without restriction or compensation.
10. Confidentiality and trade secrets
Each party agrees to protect the other's confidential information using the same care it uses for its own confidential information (and at minimum reasonable care), and to use confidential information only as needed to perform under these Terms. Customer Data is your confidential information. The Service's Workflow and Logic, non-public screens, architecture, pricing, and roadmap (where shared) are our confidential information and trade secrets.
You acknowledge that the Workflow and Logic and our other confidential information derive independent economic value from not being generally known, that we have invested substantial time and money to develop them, and that we take reasonable measures (including these Terms and credentialed access) to keep them secret. Your confidentiality obligations survive termination for as long as the information remains a trade secret or confidential.
11. Privacy
Our handling of personal information is described in our Privacy Policy. By using the Service you agree to that Policy.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, IBUILDPRO DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL MEET YOUR REQUIREMENTS.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; (b) IBUILDPRO'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The limitations in this section do not apply to, and do not cap: your obligations under the Liquidated damages section; your breach of the License (section 2), Workflow and Logic (section 3), Acceptable Use (section 5), or Confidentiality (section 10) sections; your indemnification obligations; or your obligation to pay fees.
14. Liquidated damages for credential sharing and copying
You and iBuildPro agree that if you (or anyone using your Credentials) breach section 1 (credential sharing), section 3 (copying the Workflow and Logic), or section 10 (confidentiality), the resulting harm to us — including loss of trade-secret protection, erosion of competitive advantage, and unauthorized replication of years of development — would be impracticable or extremely difficult to fix or to calculate as of the date you accept these Terms. The parties therefore agree to liquidate those damages under California Civil Code section 1671.
The parties agree that the amount below represents a reasonable, good-faith pre-estimate of the fair average compensation we would suffer from such a breach, made by reference to our documented investment in developing the Workflow and Logic, the value of the trade secrets at risk, and the anticipated competitive harm — and not a penalty intended to punish or to compel performance. For each material breach of section 1, 3, or 10, you agree to pay us liquidated damages in the amount of $1,000,000 (one million United States dollars), as liquidated damages and not as a penalty.
These liquidated damages are in lieu of actual compensatory damages for the same breach; we may instead elect to pursue our actual damages if we choose. This section does not limit our right to injunctive relief, to recover under trade-secret law, or to recover attorneys' fees. If you are using the Service primarily for personal, family, or household purposes, this section applies only to the extent a liquidated damages provision is valid against a consumer under California Civil Code section 1671(d); to any extent it is not, our remedy is our actual damages plus all other remedies available at law or in equity. If a court finds the stated amount unenforceable as a penalty, the parties intend that we recover our actual damages for the breach, and the remainder of these Terms stays in full effect.
15. Injunctive relief
You agree that a breach of section 1, 3, or 10 would cause us irreparable harm for which money damages alone are inadequate, and that we are entitled to seek temporary, preliminary, and permanent injunctive relief to stop or prevent the breach, without the need to post a bond, in addition to any other remedy.
16. Indemnification
You will defend, indemnify, and hold harmless iBuild Pro AI LLC and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of (a) your Customer Data, (b) your violation of these Terms, (c) your violation of any third-party right, or (d) your use of the Service in connection with any communication you send (SMS, WhatsApp, email).
17. Term and termination
These Terms remain in effect while you use the Service. Either party may terminate for material breach uncured for 30 days after written notice. We may suspend or terminate immediately if you violate the Account, Workflow and Logic, or Acceptable Use sections or fail to pay. On termination: your access ends; we may delete Customer Data after a reasonable retention period (export your data first); fees already paid are non-refundable except as required by law. Sections 3, 4, 9–16, 18, and 20 survive termination.
18. Governing law and disputes
These Terms are governed by the laws of the State of California, USA, without regard to conflict of laws rules. Any dispute arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in California, and each party consents to that jurisdiction. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs. Nothing in this section limits a party's right to seek injunctive relief in any competent court.
19. Changes to these Terms
We may modify these Terms from time to time. When we make material changes, we will post the revised version with a new effective date and, where appropriate, notify you by email or in-app banner. Your continued use of the Service after the effective date constitutes acceptance.
20. General
These Terms (together with the Privacy Policy and any order form) constitute the entire agreement between you and iBuild Pro AI LLC regarding the Service, superseding any prior agreement. If any provision is held unenforceable, the remainder will remain in effect, and the unenforceable provision will be limited to the minimum extent necessary. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign in connection with a merger, acquisition, or sale of assets. The parties are independent contractors; nothing creates a partnership, agency, or employment relationship.
21. Contact
- Email: chanan@ibuildpro.ai
- Web: https://crm.ibuildpro.co