Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Master Construction Solutions, Inc.("SiteMaster", "we", "us", or "our") governing your use of the SiteMaster construction project management platform — including our website at sitemaster.work, our web dashboard, and the SiteMaster mobile apps (listed as SMW on Google Play and SiteMaster Proon the App Store) (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms, our Privacy Policy, and, if you opt in to text messages, our SMS Terms of Service. If you do not agree, do not use the Service.

1. Eligibility and Authority

The Service is intended for business use by construction professionals. You must be at least 18 years old to use it. If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

2. Accounts

You must provide accurate information when creating an account and keep it current. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@sitemaster.work if you believe your account has been accessed without authorization.

3. Company Accounts, Roles, and Invited Users

The Service is organized around company accounts. An account administrator ("Owner" or equivalent role) may invite users, assign role-based permissions, and connect with other companies on shared projects.

Each invited user activates their own individual account and agrees to these Terms for themselves. Account administrators are responsible for the users they invite, for the accuracy of information they enter about third parties, and for ensuring they have the right to provide any personal information (such as a contact's name, email address, or phone number) that they enter into the Service.

Data you enter may be visible to other users within your company account and, where you have connected on a shared project, to general contractors, subcontractors, or clients on that project, according to their role permissions.

4. Subscriptions, Fees, and Payment

Some features of the Service require a paid subscription. Pricing, billing frequency, and included features are as presented to you at the time of purchase or in your written order.

Subscription fees are billed in advance and, except where required by law or expressly stated otherwise, are non-refundable. Subscriptions renew automatically for successive terms unless cancelled before the end of the then-current term. We may change pricing with at least thirty (30) days' notice before the change takes effect for your next renewal term.

You are responsible for applicable taxes. If a payment fails or is past due, we may suspend access to paid features after giving you notice and a reasonable opportunity to cure.

Free trials or evaluation access, where offered, may be modified or discontinued at any time.

5. Acceptable Use

You agree not to:

• Use the Service in violation of any applicable law or regulation.
• Upload or transmit malicious code, or attempt to gain unauthorized access to the Service, other accounts, or our systems.
• Interfere with, disrupt, overload, or probe the Service or its infrastructure.
• Reverse engineer, decompile, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law.
• Resell, sublicense, or provide the Service to third parties except as expressly permitted by your subscription.
• Upload content you do not have the right to upload, or that infringes the rights of others.
• Use the Service to send unlawful, harassing, or unsolicited commercial messages, including text messages sent without the recipient's consent as described in our SMS Terms.
• Use automated means to scrape or extract data from the Service other than through interfaces we provide.

We may suspend or terminate access for conduct that violates this section.

6. Your Data

• Ownership. As between you and SiteMaster, you retain all rights in the project data, work logs, photos, documents, and other content you or your company submit to the Service ("Customer Data"). We claim no ownership of Customer Data.
• License to us. You grant us a limited, non-exclusive license to host, store, process, transmit, and display Customer Data solely to provide, secure, and support the Service, and as otherwise described in our Privacy Policy.
• Company business records. Customer Data submitted within a company account forms part of that company's business records. As described in our Privacy Policy, project and company records may be retained by the account administrator even after an individual user's account is deleted.
• Aggregated data. We may generate and use aggregated or de-identified statistics derived from use of the Service, provided such data does not identify you, your company, or any individual.
• Your responsibility. You are responsible for the accuracy and legality of Customer Data and for maintaining your own copies of records you are required to retain.

7. Our Intellectual Property

The Service, including its software, design, and documentation, and all related intellectual property rights, are and remain the property of SiteMaster and its licensors. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes. No other rights are granted.

Feedback you choose to send us about the Service may be used without restriction or obligation to you.

8. Third-Party Services

The Service relies on third-party providers, including hosting, storage, payment processing, and message delivery. Your use of the Service may also involve links to or integrations with third-party products. We are not responsible for third-party services, and your use of them may be subject to their own terms.

9. Text Messages

If you opt in to receive text messages, those messages are governed by our SMS Terms of Service. Consent to receive text messages is optional and is never required to create an account or use the Service.

10. Service Availability and Changes

We work to keep the Service available and reliable, but we do not guarantee uninterrupted access. We may modify, add, or discontinue features. Where a change materially reduces functionality you are paying for, we will provide reasonable notice.

We may perform scheduled or emergency maintenance, and may suspend access where necessary to protect the security or integrity of the Service.

11. Term and Termination

These Terms apply for as long as you use the Service.

You may stop using the Service at any time, cancel a subscription as described in Section 4, and delete your individual account as described in our Privacy Policy.

We may suspend or terminate your access if you materially breach these Terms, if required by law, or if your account presents a security or legal risk. Where practical, we will give notice and an opportunity to cure.

On termination of a company account, we will make Customer Data available for export for a reasonable period, after which it may be deleted in accordance with our retention practices.

Sections 6 (Your Data), 7 (Our Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), 14 (Indemnification), and 15 (Governing Law and Disputes) survive termination.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

The Service supports construction project administration. It is not a substitute for professional engineering, architectural, legal, accounting, or safety judgment, and it does not guarantee regulatory or code compliance. Decisions you make using the Service — including those relating to job-site safety, scheduling, estimating, and recordkeeping — remain your responsibility.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

These limits do not apply to either party's liability for fraud, willful misconduct, or any liability that cannot be excluded or limited under applicable law.

14. Indemnification

You will defend, indemnify, and hold harmless SiteMaster and its officers, employees, and agents from third-party claims arising out of (a) Customer Data you submit, (b) your use of the Service in violation of these Terms or applicable law, or (c) text messages sent through the Service to recipients from whom required consent was not obtained.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state or federal courts located in Wayne County, Ohio, and each party consents to personal jurisdiction there.

Before filing a claim, the parties agree to attempt in good faith to resolve the dispute by contacting one another and allowing thirty (30) days to reach a resolution.

16. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms on this page with a new effective date and, for material changes, provide reasonable advance notice. Continued use of the Service after changes take effect constitutes acceptance.

17. General

• Entire agreement. These Terms, together with the Privacy Policy, SMS Terms, and any written order, are the entire agreement between the parties regarding the Service.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices. We may send notices to the email address associated with your account. You may send notices to support@sitemaster.work or the address below.

18. Contact Us

Master Construction Solutions, Inc.
10718 Old Lincoln Way E
Orrville, OH 44667, United States
support@sitemaster.work