Terms of Use and Privacy Policy

Welcome to Build+. Please take the time to carefully read these Terms as they are a binding agreement between you and Build+ ("Build+" or "We"). These Terms govern your use of the websites that are linked to these Terms. The word "Sites" in these Terms refers to each of these websites and the services offered on those Sites. By using or logging into the Sites, you automatically agree to these Terms and our Privacy Statement. Build+ is committed to safeguarding the privacy of your personal information. This Terms of Use and Privacy Policy explains how Build+ collects, uses, and protects such information.

1. Web Sites Covered

This Privacy Policy covers the information practices of Buildplus.app. If Build+ posts a site, the site will include a link to this Privacy Policy, and this Privacy Policy will be applicable. However, if a third party posts the site, the Privacy Policy of the third party will be applicable and this Privacy Policy will not be applicable.

Buildplus.app may contain links to other Web sites. This Privacy Policy applies solely to information collected on Buildplus.app and does not govern other websites' information practices or content. External sites with links on Build+'s Site often have Terms of Use, Privacy Policies, and security practices that are different from those of Build+.. It is your responsibility to read and understand those documents before agreeing to use the external site.

2. Accounts, Collection, and Use of Personal Information

If you choose to use our website's services or send an inquiry, Build+ may collect your personal information. This information includes your name, address, phone number, email address, and similar details. While we respond to your inquiry, we may use your contact information to send you updates. We may also provide you with information about other Build+ products and services.

Please be informed that providing your personal information is entirely optional. However, you may need to create an account and set a password to access certain services or features on the Sites. To create an account, you must be at least 18 years old, and the information you provide about yourself must be truthful and accurate. Please do not attempt to impersonate anyone else when creating your account. If there are any changes to your information at any time, please update your account to reflect those changes. Sharing your account with anyone else is strictly prohibited. Please ensure that you keep your password confidential and avoid using it on other websites. If you suspect that your account has been compromised, kindly notify your system administrator.

Build+ is committed to protecting the privacy of its users and does not disclose any personally identifiable information about consumers to anyone, except as permitted or required by law. For example, we may share information to comply with any law, regulation, audit, or court order. We may also share information with our service providers to conduct analytics or to improve your customer experience. However, we never sell your information. If our business or substantially all the assets of the business are acquired, personally identifiable information may be one of the transferred assets.

3. Web Site Navigational Information

When you log into Build+'s website, a unique identifier encrypted with your account details is placed in your browser as a session cookie. This helps Build+ to identify you and process your online transactions and requests. Session cookies are essential to use the website.

If you disable your browser's ability to accept cookies, you will still be able to navigate the website but may face difficulties in using the website successfully.

When you visit the website, Build+ collects your Internet Protocol ("IP") address to track and aggregate non-personally identifiable information. For instance, IP addresses help Build+ to monitor the regions from which users navigate the website.

Build+ may sometimes contract third-party companies to track and analyze non-personally identifiable information about website usage and volume statistics from individual users. Additionally, Build+ may also use other third-party cookies to track the performance of its advertisements. The information provided to third parties does not include personal data. However, the information may be re-associated with personal data after Build+ receives it. It's important to note that this Privacy Policy does not cover the use of third-party cookies.

4. Consent to Contact

By using this website and its accompanying application, you are consenting to receive phone calls or text messages at any phone number associated with you, including wireless numbers that may result in charges to you. You also consent to be contacted using pre-recorded messages and automatic dialing devices. If you have provided a wireless number, you are representing and confirming that you are the authorized user of that number and have the right to provide this consent. You also agree to inform us of any changes to your wireless number that you have provided for contact purposes.

5. Sharing of Information Collected

Build+ may share data about its customers with its agents to ensure the accuracy and quality of the information provided. However, Build+ does not share, sell, rent, or trade personally identifiable information with third parties for their promotional purposes.

In case of a legal requirement or if Build+ reasonably believes that disclosure is necessary to protect its rights, it reserves the right to disclose personally identifiable information provided by users. This may include complying with a judicial proceeding, court order, or legal process.

6. Do Not Track

Build+ does not process or respond to "do not track" signals.

7. Security

At Build+, we value the confidentiality of your information and online transactions. To ensure the protection of your personal information, we have implemented physical, electronic, and procedural safeguards. We have also established security procedures to prevent unauthorized access, theft, destruction, modification, and misuse of your information after we have received it. For instance, we limit access to your information only to our employees, agents, and contractors who require it to provide you with products and services.

8. Personal Information on Children

Build+ products are designed for individuals who are at least 18 years old. If you are under 18, it is recommended that you do not visit Buildplus.app. We do not intentionally gather or keep personal information from individuals under the age of 18. If you are under 18 and are using or visiting Buildplus.app, it is suggested that you refrain from disclosing or providing any personally identifiable information on Buildplus.app.

9. If You Access From Outside the United States

If you reside outside the United States, you understand and agree that any information you provide to Build+ will be transferred from the country of your residence or location at the time it was provided to the United States. If you do not want your personally identifiable information to be transferred to the United States, do not provide that information to us. By providing us with your information, you consent to the transfer of your information to the United States.

10. Owner and Builder Responsibilities

Your responsibilities in connection with the Buid+ Services include the following:

  • providing complete and accurate information regarding plans and budget requirements and all physical information about the project, site, and/or building.
  • rendering approvals and decisions promptly and as necessary for the orderly progress of the project and in keeping with the mutually acceptable schedule.
  • obtaining, at your own expense, all required permits, licenses and insurance, including but not limited to soil studies, land surveys, permits for building, grading, electrical, plumbing and mechanical work as applicable.
  • providing a lien release, if applicable, satisfactory to Build+, in their sole and exclusive discretion; and
  • complying with all terms and conditions of any agreement you may have with, including but not limited to, general contractors, subcontractors, and other service providers.
  • complying with all terms and conditions as they relate to your responsibility for payment activity initiated using the Build+ Services, including, without limitation, any fraudulent activity.

Build+ has no obligation to ensure that the funds required to complete a payment will be available. Any payment sent or received by you or your Builder may: (a) be reversed in accordance with applicable risk management policies, (b) be reversed in accordance with Applicable Law, including without limitation, by ACH return as defined under the NACHA Rules, (c) fail due to your error or your Builder's error, (d) fail due to the provision of inaccurate information by you; or (e) be canceled or rejected by any financial institution (each, a "Reversal"). Except for any Reversal made in error by Build+, you are liable to Build+ and its Financial Institution Partners for any and all losses caused by Reversals and any other activity, whether or not authorized by you, including unauthorized or erroneous activity initiated by you or your Builder whether through misconduct, negligence, error, or otherwise. You authorize Build+ and its Financial Institution Partners to recover any such amounts due by (x) debiting your specified bank account(s); (y) request immediate payment from you, and, if payment is not received timely, engage in collection efforts; and (z) pursue any rights or remedies for failure to pay amounts owed, including, without limitation, termination for non-payment. In the event that you and/or your Builder has an unacceptable number or rate of Reversals, Build+ reserves the right to immediately restrict or suspend your use of the Services, including by terminating the Agreement. "Financial Institution Partner(s)" means third-party service providers and partners providing financial or related services in connection with the Services.

Your Builder's and Your Responsibilities:

You acknowledge and agree that: (i) the following items are your builder's and your responsibilities; (ii) you will use your best efforts to cause your builder to fulfill such responsibilities; and (iii) Build+ shall have no responsibility or liability concerning such items:

  • Your agreement with any general contractor, builder, subcontractor and/or worker on any project is your responsibility and Build+ is not responsible for the selection of any of the aforementioned or responsible for enforcing any agreement you may have with any of those parties.
  • Your builder, general contractor or other professionals are responsible for their work and compliance with all applicable local, state and federal regulations. Build+ makes no warranty as to the fitness, workmanship or compliance with any applicable law or regulation.
  • Your builder is responsible for assuring that all work is under the latest edition of all applicable national, state, and local building codes, construction industry standards, and other Applicable Laws.
  • Your builder is responsible for obtaining the required permits and inspections from local governmental agencies.
  • Your builder is responsible for checking the plans before construction to verify all dimensions and details for overall accuracy appropriate to the local conditions.
  • Your builder is responsible for working with you on decisions for the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details.
  • Your builder is responsible for providing standard construction details and practices which will result in a structurally sound and weatherproof finished product.
  • Your builder is responsible for all construction means, methods, sequencing, techniques, and safety on the job site of construction workers and third parties.
  • Your builder is responsible for assuring that all materials, equipment, and components are new and of good quality.
  • Your builder is responsible for assuring that all manufactured articles, materials, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated, and conditioned as directed by the manufacturers. Your builder must follow all instructions to sustain and preserve all expressed or implied warranties and guarantees. It is the responsibility of the builder to ensure that all materials, equipment, and components are new and of good quality.

11. Transaction Limits

You understand and agree that Build+ may, in its sole discretion, impose limits on the transactions that you may submit, including but not limited to, limits on the maximum dollar value of one or more transactions and/or limits on the volume of your transactions over a period of time. Any such limits will be communicated to you in writing by Build+. Nothing in this provision will be deemed to limit Build+' right to decline any transaction that you submit in accordance with Build+' other rights under this Agreement.

12. No Affiliation

No joint venture, partnership, employment or agency relationship exists between you and Build+ as a result of these Terms or your use of the Site. Also, Build+ has no joint venture, partnership, employment or agency relationship with any builder, contractor, subcontractor or worker employed or utilized on your project. These Terms will be effective as of the date accepted by you. These Terms represent the entire agreement between you and Build+ with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. These Terms shall be deemed severable.

13. No Fiduciary or Custodian Relationship

Build+ is an accounting, invoicing and payments processing platform. As such you acknowledge THAT NO CLIENT, ADVISORY, CUSTODIAN, FIDUCIARY OR PROFESSIONAL RELATIONSHIP IS CREATED, IMPLIED OR ESTABLISHED BETWEEN YOU AND BUILD+ AND THAT YOU AGREE AND UNDERSTAND THAT NO PERSON OR ENTITY IS, IN CONNECTION WITH THIS SITE, ENGAGED IN RENDERING AUDITING, ACCOUNTING, INVESTMENT, TAX, LEGAL ADVICE OR CONSULTING OPINIONS AND THAT YOU WILL CONSULT APPROPRIATE LICENSED PROFESSIONALS FOR OPINIONS AND ADVICE RELATING TO THE SPECIFIC FACTS, LAWS AND ROLES WHICH MAY APPLY.

14. Our Warranties and Disclaimers

We provide our Services using a commercially reasonable level of care and promise to do our best to make sure you enjoy the Services. But there are certain things that we don't promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE, NEITHER BUILD+ NOR ITS AGENTS OR SERVICE PROVIDERS (THE "SERVICES ENTITIES") MAKE ANY SPECIFIC PROMISES ABOUT THE SITES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SITES, THE SPECIFIC FUNCTION OF THE SITES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SITES "AS IS".

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

15. Liability for Our Services

EXCEPT WHERE PROHIBITED, BUILD+ OR ITS AGENTS OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SITES OR ANY THIRD PARTY'S USE OF THE SITES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

16. Indemnity.

You agree to indemnify and defend Build+ and its affiliates, their respective agents, affiliates, and third-party service providers, and the officers, directors, owners, agents, representatives, contractors, employees, and assigns of the foregoing (collectively, the "Indemnified Parties") and hold them harmless from and against any and all losses, demands, causes of action, damages, liability, and costs and expenses, including reasonable attorneys' fees, incurred or sustained by any of the Indemnified Parties in connection with (i) the use, construction, conversion, modification, misinterpretation, misuse, or reuse by you or others of the Build+ Services or Sites; (ii) any negligence or other acts or omissions by you or any of your employees, consultants, advisors, agents, representatives or contractors; and (iii) any breach by you or your contractors or subcontractors of any of the provisions of these Terms. Build+ reserves the right, at its own expense, to assume, or permit a Designer to assume, the exclusive defense and control of any matter subject to indemnification by you.

17. Changes to this Privacy Policy

Build+ may modify this Terms of Use and Privacy Policy from time to time without prior notice to you. Your continued use of the Website after any changes are posted indicates that you agree to such changes and accept the updated terms and conditions.

18. Contacting Us

Questions regarding these Terms of Use and Privacy Policy or the information practices of Build+'s Website should be directed to Build+ at info@buildplus.app

Effective Date: May 2024

Gramm-Leach-Bliley Act Notice

FACTS

WHAT DOES Build+ DO WITH YOUR PERSONAL INFORMATION?

Why?

Financial companies choose how they share your personal information. Federal law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

What?

The types of personal information we collect, and share depend on the product or service you have with us. This information can include:

  • Social Security number and employment information
  • account balances and transaction history
  • credit history and credit scores

When you are no longer our customer, we continue to share your information as described in this notice.

How?

All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Build+ chooses to share; and whether you can limit this sharing.

Reasons we can share your personal informationDoes Build+ share?Can you limit this sharing?
For our everyday business purposes— such as to process your transactions, maintain your account(s), respond to court orders and legal investigations, or report to credit bureausYesNo
For our marketing purposes— to offer our products and services to youYesNo
For joint marketing with other financial companiesNoNo
For our affiliates' everyday business purposes— information about your transactions and experiencesNoWe don't share
For our affiliates' everyday business purposes— information about your creditworthinessNoWe don't share

Contact support with questions.

Who we are

Who is providing this notice?

Build+ LLC

What we do

How does Build+ protect my personal information?

To protect your personal information from unauthorized access and use, we use security measures that comply with federal law. These measures include computer safeguards and secured files and buildings.

How does Build+ collect my personal information?

We collect your personal information, for example, when you

  • connect bank accounts to classify transactions or make a payment
  • onboard as a vendor to receive payouts
  • give us your contact information

We also collect your personal information from others, such as credit bureaus, affiliates, or other companies.

Why can't I limit all sharing?

Federal law gives you the right to limit only

  • sharing for affiliates' everyday business purposes—information about your creditworthiness
  • affiliates from using your information to market to you
  • sharing for nonaffiliates to market to you

State laws and individual companies may give you additional rights to limit sharing.

Definitions

Affiliates

Companies related by common ownership or control. They can be financial and nonfinancial companies.

Build+ has no affiliates.

Non Affiliates

Companies not related by common ownership or control. They can be financial and nonfinancial companies.

Build+ does not share with nonaffiliates so they can market to you.

Joint Marketing

A formal agreement between non affiliated financial companies that together market financial products or services to you.

Build+ does jointly market.