Terms of service

These terms are a contract between you (the company that opens an account, and the people it lets in) and ConstructorIQ Inc., a Utah corporation doing business as Project Financials (“we”, “us”). They cover the website at projectfinancials.com and the application at app.projectfinancials.com (together, the “Service”). By creating an account or using the Service you agree to them. If you are accepting on behalf of a company, you confirm you are allowed to.

1. The Service

Project Financials is software for tracking construction project finances: contracts, draws, change orders, costs, forecasts, work-in-progress schedules and resource plans. It produces reports from the numbers you put in. It is not an accounting system, does not file anything on your behalf, and does not give accounting, tax, legal or bonding advice. You are responsible for the accuracy of what you enter and for how you use the reports.

2. Accounts and users

• You must give accurate contact and billing information and keep it current.
• Each person needs their own login. Sharing a login is not allowed. You are responsible for what happens under your users’ logins and for removing people who leave.
• The account owner can add and remove users, change roles and manage billing. We will treat instructions from the owner as instructions from you.
• You must be at least 18 to use the Service.

3. Plans, trials and payment

• The free trial lasts 14 days and needs no payment method. When it ends the account becomes read-only until a plan is chosen.
• Paid plans are billed in advance, monthly or annually, by card through our payment processor (Stripe). Prices are on the pricing page; we will give at least 30 days’ notice by email before a price change affects you, and it will take effect at your next renewal.
• Plans renew automatically until cancelled. You can cancel at any time from Settings; monthly plans keep access to the end of the paid period. Annual plans may be refunded in full if you cancel within 30 days of the first annual payment; after that they are non-refundable but keep access to the end of the term.
• Plan limits (active projects, users) and extra-user charges are described on the pricing page. We will not charge for extra users without your owner adding them.
• Taxes, where they apply, are added to the price.
• If a payment fails we will retry and email you. If it is still unpaid after 14 days we may make the account read-only until it is settled.

4. Your data

• You own everything you enter and everything the Service generates from it (“Customer Data”). You give us only the licence needed to host, process, back up and display it to you and the users you authorise.
• We do not sell Customer Data, share it with other customers, or use it to train machine-learning models. We may use aggregated, de-identified usage information (for example how many companies use a feature) to run and improve the Service.
• You can export all Customer Data from Settings at any time. After an account is closed we keep the data 30 days, then delete it from live systems; backups are deleted on their normal rotation (no more than 35 days later).
• How we handle personal information is in the privacy policy, which is part of these terms.

5. Acceptable use

You will not: use the Service to break the law; try to get at another customer’s data; probe, scan or load-test it without written permission; resell it or offer it as a service to third parties; copy its design or reverse-engineer it beyond what the law allows; upload malware; or use it to send unsolicited messages. We may suspend an account that does, after telling you unless the situation is urgent.

6. Availability and support

We aim to keep the Service available around the clock and will schedule maintenance outside Mountain Time business hours when we can, with notice in the app. Support is by email at kevin@krselectric.net; response targets depend on your plan and are on the pricing page. We do not promise a specific uptime percentage on standard plans; Enterprise agreements may include one.

7. Our property

The Service, its software, design, documentation and trademarks are ours or our licensors’. These terms do not give you any right to them beyond using the Service. If you send us suggestions, we may use them without obligation to you.

8. Confidentiality

We will treat Customer Data as your confidential information and only let people who need it to operate or support the Service see it. You will treat non-public information about the Service (for example pricing offered to you or roadmap details) as confidential.

9. Warranties and what we do not promise

We promise the Service will perform substantially as described on this website. Beyond that it is provided “as is”. In particular, we do not promise that reports produced by the Service will be accepted by any surety, lender, accountant or authority, or that they are free of errors arising from the data entered. To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement.

10. Limits on liability

To the extent the law allows, neither side is liable to the other for indirect, consequential, special or punitive damages, or for lost profits, revenue or business, however caused. Our total liability for everything arising out of these terms in any twelve-month period is limited to the fees you paid us for the Service in that period. These limits do not apply to a party’s breach of confidentiality, to our obligations under the privacy policy, or to anything that cannot be limited by law.

11. Indemnity

You will defend and reimburse us against claims by third parties that arise from Customer Data or from your use of the Service in breach of these terms. We will defend and reimburse you against claims that the Service, used as permitted, infringes a third party’s US intellectual-property rights, and may resolve such a claim by modifying or replacing the Service or refunding prepaid fees.

12. Ending the agreement

You can close your account at any time from Settings. We can end the agreement on 30 days’ notice, or immediately if you materially breach it and do not fix the breach within 10 days of notice, or if we stop offering the Service (in which case we refund prepaid fees for the unused period). Sections 4, 7 to 11 and 13 survive.

13. General

• These terms are governed by the laws of the State of Utah, and disputes will be brought in the state or federal courts located in Utah. Each side consents to that jurisdiction.
• We may update these terms. If a change is material we will email the account owner at least 30 days before it takes effect; continuing to use the Service after that is acceptance. The current version is always at this address.
• Neither side is responsible for delays caused by events outside its reasonable control.
• You may not assign these terms without our consent, except to a successor of your whole business. We may assign them to a successor of ours.
• If part of these terms is unenforceable, the rest still applies. These terms, the pricing page and the privacy policy are the whole agreement unless you have a signed Enterprise agreement, which then controls where they differ.

14. Contact

Questions about these terms: kevin@krselectric.net, or by post at ConstructorIQ Inc., Cedar City, Utah.