Terms of Service

1. Acceptance of Terms

By accessing and using Fortifiers ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Fortifiers is a construction quoting and project management platform that uses artificial intelligence to analyze construction documents, generate accurate quotes, and manage project workflows. Our services include:

• AI-powered document analysis and quote generation
• Project management and collaboration tools
• Document storage and organization
• Communication and notification systems
• Reporting and analytics features

3. User Accounts

3.1 Account Creation

To use our Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

You are responsible for:

• All activities that occur under your account
• Maintaining the security of your password
• Notifying us immediately of any unauthorized use
• Ensuring your use complies with applicable laws

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service for legitimate construction and project management purposes.

4.2 Prohibited Activities

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use automated tools to access the Service without permission
• Share account credentials with third parties
• Upload copyrighted material without permission
• Generate false or misleading quotes

5. Content and Data

5.1 User Content

You retain ownership of all content you upload or create using the Service. By uploading content, you grant us a limited license to process, store, and analyze it for providing the Service.

5.2 Data Accuracy

While we strive for accuracy in our AI-generated quotes and analysis, you acknowledge that construction estimating involves professional judgment. You are responsible for verifying all quotes and estimates before use.

5.3 Data Backup

We implement reasonable data backup procedures, but you are responsible for maintaining your own backups of critical data. We are not liable for any data loss.

6. Subscription and Billing

6.1 Subscription Plans

Our services are offered on a subscription basis with tiered plans (Free, Starter, Professional, Enterprise). Pricing and features may vary by plan. We reserve the right to change pricing with 30 days notice to existing subscribers.

6.2 Payment Terms

• Payment is due in advance for subscription services
• We accept major credit cards and ACH transfers (Enterprise only)
• Late payments may result in service suspension after 15 days
• All fees are in USD unless otherwise stated
• Taxes are calculated based on your billing address

6.3 Refunds and Cancellations

All fees are non-refundable except:

• If we fail to deliver the Service as described
• If required by law in your jurisdiction
• If approved by our support team on a case-by-case basis

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period.

6.4 Billing Disputes

You must notify us of any billing disputes within 60 days of the charge. We will investigate and resolve disputes in good faith within 30 days.

6.5 Overage Charges

If you exceed your plan limits (quotes, documents, API calls), you will be charged for overages at our standard rates or prompted to upgrade your plan.

7. Intellectual Property

7.1 Our IP Rights

The Service, including but not limited to:

• Software, source code, and algorithms
• UI/UX designs and branding
• AI models and training data
• Documentation and content
• Logos, trademarks, and service marks

All are owned by Fortifiers and protected by copyright, trademark, patent, and other intellectual property laws.

7.2 License Grant to You

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Service for your internal business purposes
• Create and manage quotes, documents, and projects
• Use our API according to your plan limits

This license terminates upon termination of your account or violation of these Terms.

7.3 Your Content License to Us

You retain all rights to content you upload. By using the Service, you grant us a worldwide, royalty-free license to:

• Store, process, and transmit your content
• Use AI to analyze and extract information from your documents
• Create anonymized, aggregated data for improving our services
• Display your content back to you and authorized users in your organization

7.4 Feedback and Suggestions

If you provide feedback or suggestions about the Service, we may use them without any obligation to you.

8. Warranties and Disclaimers

8.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY
• UNINTERRUPTED OR ERROR-FREE OPERATION

8.2 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform:

• Scheduled maintenance (with notice)
• Emergency maintenance (without notice)
• Feature updates and improvements

8.3 AI and Quote Accuracy

IMPORTANT: Our AI-powered features (Freya AI, document analysis, quote generation) are tools to assist with construction estimating. They do not replace professional judgment. You acknowledge that:

• AI-generated quotes may contain errors or inaccuracies
• You must verify all quotes before sending to clients
• We are not liable for financial losses from inaccurate quotes
• Construction estimating requires human expertise and local knowledge
• Pricing data may be outdated or incomplete

8.4 Third-Party Integrations

We integrate with third-party services (QuickBooks, Stripe, etc.). We are not responsible for:

• Availability or functionality of third-party services
• Changes to third-party APIs or terms
• Data loss or errors caused by third-party services

9. Limitation of Liability

9.1 Cap on Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORTIFIERS' TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Cost of substitute services
• Damages arising from reliance on AI-generated content
• Data loss or corruption

9.3 Exceptions

Some jurisdictions do not allow limitation of liability. In such cases, our liability is limited to the extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fortifiers, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Content you upload or create
• Quotes generated using the Service
• Negligence or willful misconduct

11. Termination and Suspension

11.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Upon termination:

• Your access to the Service ceases immediately or at the end of your billing period
• You may export your data for 30 days after termination
• No refunds are provided for unused time

11.2 Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms
• Your account is inactive for 12+ months
• You engage in fraudulent activity
• Required by law or court order
• You pose a security risk to the Service

We will provide notice when possible, except in cases of serious violations.

11.3 Effect of Termination

Upon termination:

• All licenses granted to you terminate
• We may delete your data after our retention period (see Privacy Policy)
• Sections 7-14 of these Terms survive termination

12. Dispute Resolution

12.1 Informal Resolution

Before filing a legal claim, you agree to contact us at legal@fortifiers.app to resolve disputes informally.

12.2 Arbitration

Any dispute that cannot be resolved informally will be settled by binding arbitration in accordance with the American Arbitration Association rules, except:

• Small claims court actions
• Intellectual property disputes
• Injunctive relief requests

12.3 Class Action Waiver

You agree to bring claims only in your individual capacity and not as part of a class action or representative proceeding.

14. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the Province of Prince Edward Island and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal action must be brought in the courts of competent jurisdiction in Prince Edward Island, Canada.

14. General Provisions

14.1 Entire Agreement

These Terms, along with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Fortifiers.

14.2 Severability

If any provision is found to be unenforceable, the remaining provisions remain in full effect.

14.3 Waiver

Failure to enforce any right or provision does not constitute a waiver of that right.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or successor.

14.5 Force Majeure

We are not liable for failures caused by events beyond our reasonable control (natural disasters, war, pandemics, etc.).

14.6 Export Compliance

You agree to comply with all export and import laws when using the Service.

15. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via:

• Email notification to your registered address
• In-app notification banner
• Update notice on this page with revision date

Continued use of the Service after changes constitutes acceptance of the new Terms. If you disagree, you must stop using the Service and may request account deletion.

16. Contact Information

If you have questions about these Terms or need legal assistance, please contact us:

We will respond to legal inquiries within 30 days.