Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or a legal entity) and PRJCT X ("Company," "we," "our," or "us") governing your access to and use of the PRJCT X construction project management software, services, and website (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

1.1 Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Provide notice through the Service or via email to your registered email address
• Give you at least 30 days' notice before material changes take effect (for existing customers)

Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

2. Service Description

PRJCT X provides cloud-based and self-hosted construction project management software designed for owner-representatives, property managers, and construction professionals. The Service includes:

• Project planning and work breakdown structure (WBS) management
• Document management for construction workflows (RFIs, submittals, change orders, daily reports)
• Budget tracking and cost code management
• Schedule management with Gantt charts and critical path analysis
• Vendor and contractor management
• Inspection and quality control tracking
• Reporting and analytics tools
• Team collaboration features

2.1 Service Availability

We strive to provide reliable and uninterrupted Service access, but we cannot guarantee:

• The Service will be available at all times without interruption
• The Service will be error-free or free from security vulnerabilities
• Any defects will be corrected within a specific timeframe

For cloud-hosted services, we target 99.9% uptime (excluding scheduled maintenance). We will provide advance notice of scheduled maintenance when possible.

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must:

• Create an account by providing accurate and complete information
• Be at least 18 years of age
• Have the legal capacity to enter into these Terms
• Not be prohibited from using the Service under applicable laws

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

We recommend using strong passwords and enabling multi-factor authentication for enhanced security.

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms or our Acceptable Use Policy
• Your account is involved in fraudulent or illegal activity
• Your payment is past due for more than 30 days
• Required by law or legal process

4. Subscription and Payment

4.1 Pricing Plans

We offer multiple subscription tiers:

• Essential Plan: $1,500/month - Up to 10 active projects, 5 team members
• Professional Plan: $2,500/month - Up to 25 active projects, 15 team members, advanced reporting
• Enterprise Plan: $3,500/month - Unlimited projects, unlimited team members, premium support, custom integrations
• Self-Hosted: Custom pricing based on deployment requirements

Current pricing is available at prjctx.com/pricing. Prices are subject to change with 60 days' notice to existing customers.

4.2 Billing Terms

• Billing cycle: Subscriptions are billed monthly or annually in advance
• Payment method: You must provide a valid payment method (credit card, ACH, or wire transfer for enterprise accounts)
• Automatic renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Late payment: Accounts with payment 30+ days overdue may be suspended until payment is received
• Taxes: All prices are exclusive of taxes. You are responsible for any applicable sales tax, VAT, or other taxes

4.3 Cancellation Policy

• You may cancel your subscription at any time through your account settings
• Cancellation is effective at the end of your current billing period
• You will retain access to the Service until the end of the paid period
• No refunds are provided for partial months or unused portions of annual subscriptions, except as provided in our 30-day money-back guarantee

4.4 30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee for new customers. If you are not satisfied with the Service within 30 days of your initial subscription, contact us at billing@prjctx.com for a full refund. This guarantee applies only to your first subscription and does not apply to renewals or reactivations.

4.5 Price Changes

We may change subscription prices at any time. For existing customers, price changes will take effect at your next renewal date, and we will provide at least 60 days' advance notice. If you do not agree to the price change, you may cancel your subscription before the renewal date.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Service for lawful construction project management purposes, including:

• Managing construction projects and related documentation
• Collaborating with team members, contractors, and vendors
• Storing and organizing project-related files and data
• Generating reports and analytics for your projects

5.2 Prohibited Uses

You agree not to:

• Illegal activity: Use the Service for any illegal purpose or in violation of any laws
• Unauthorized access: Attempt to gain unauthorized access to the Service, other accounts, or computer systems
• Reverse engineering: Reverse engineer, decompile, or disassemble any part of the Service
• Service interference: Interfere with or disrupt the Service or servers/networks connected to the Service
• Malicious code: Upload or transmit viruses, malware, or other malicious code
• Spam and abuse: Send unsolicited communications or abuse the Service in any way
• Data scraping: Use automated means to scrape or collect data from the Service
• Resale: Resell, sublicense, or otherwise make the Service available to third parties without our written consent
• False information: Provide false or misleading information when registering or using the Service
• Impersonation: Impersonate any person or entity or misrepresent your affiliation

5.3 Enforcement

Violation of this Acceptable Use Policy may result in suspension or termination of your account, removal of content, and/or legal action. We reserve the right to investigate suspected violations and cooperate with law enforcement.

6. Intellectual Property Rights

6.1 Our Ownership

The Service, including all software, designs, text, graphics, logos, trademarks, and other content (excluding your user content), is owned by PRJCT X or our licensors and is protected by copyright, trademark, and other intellectual property laws.

"PRJCT X," the PRJCT X logo, and other marks used in connection with the Service are trademarks of PRJCT X. You may not use these trademarks without our prior written consent.

6.2 Your Ownership

You retain all ownership rights to the content, data, and materials you upload, create, or store in the Service ("Your Content"). You are solely responsible for Your Content and the consequences of posting or publishing it.

6.3 License Grant to Us

By uploading Your Content to the Service, you grant us a limited, non-exclusive, royalty-free, worldwide license to:

• Host, store, and backup Your Content
• Display Your Content to you and users you authorize
• Perform technical operations necessary to provide the Service
• Create anonymized and aggregated data for analytics and service improvement (with all personally identifiable information removed)

This license ends when you delete Your Content from the Service or terminate your account, except for anonymized/aggregated data.

6.4 License Grant to You

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

6.5 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without restriction or compensation to you.

7. Data and Privacy

7.1 Privacy Policy

Our Privacy Policy explains how we collect, use, and protect your information. By using the Service, you agree to our Privacy Policy, available at prjctx.com/privacy.

7.2 Data Ownership

You own Your Content. We own the Service. Key points:

• You control who can access Your Content through permission settings
• You can export Your Content at any time in common formats (CSV, JSON, PDF)
• Upon account termination, you have 30 days to export Your Content before permanent deletion
• We do not sell or share Your Content with third parties for marketing purposes

7.3 Data Security

We implement industry-standard security measures, including:

• Encryption in transit (TLS 1.3) and at rest (AES-256)
• Regular security audits and penetration testing
• Role-based access controls and multi-factor authentication
• SOC 2 Type II compliance (for cloud-hosted services)
• Regular backups and disaster recovery procedures

While we take reasonable precautions to protect your data, no system is completely secure. You acknowledge that you use the Service at your own risk.

7.4 Data Processing

For cloud-hosted services, data is processed and stored on secure servers in the United States. For self-hosted deployments, you control data location and processing.

8. Service Level and Availability

8.1 Uptime Target

For cloud-hosted services, we target 99.9% uptime (calculated monthly, excluding scheduled maintenance). This translates to approximately 43 minutes of potential downtime per month.

8.2 Scheduled Maintenance

We perform scheduled maintenance as needed to improve the Service. We will provide advance notice of scheduled maintenance when possible and attempt to schedule maintenance during off-peak hours.

8.3 Support

We provide customer support based on your subscription tier:

• Essential: Email support, 48-hour response time (business days)
• Professional: Email and chat support, 24-hour response time (business days)
• Enterprise: Priority support, 4-hour response time, dedicated account manager, phone support

Support hours are Monday-Friday, 9 AM - 6 PM Pacific Time, excluding U.S. holidays. Emergency security issues are handled 24/7.

8.4 No Guarantee

While we strive to meet our uptime targets, we do not guarantee uninterrupted or error-free Service. We are not liable for any downtime, service interruptions, or data loss (subject to the limitations of liability in Section 9).

9. Disclaimers and Limitation of Liability

9.1 Disclaimers

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

• Merchantability: No warranty that the Service is fit for any particular purpose
• Accuracy: No warranty regarding the accuracy, reliability, or completeness of the Service
• Security: No warranty that the Service will be secure or free from bugs, viruses, or errors
• Availability: No warranty that the Service will be available at all times
• Results: No warranty regarding any results obtained from using the Service

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRJCT X, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Indirect damages: Any indirect, incidental, special, consequential, or punitive damages
• Loss of data: Any loss of data, revenue, profits, use, or goodwill
• Business interruption: Any damages arising from business interruption or service unavailability
• Third-party actions: Any actions or content of third parties using the Service

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.

9.3 Exceptions

The limitations in this section do not apply to:

• Our indemnification obligations (Section 10)
• Your payment obligations
• Your violation of our intellectual property rights
• Matters that cannot be limited by law (e.g., gross negligence, fraud)

10. Indemnification

You agree to indemnify, defend, and hold harmless PRJCT X, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any laws or regulations
• Your Content or any content you upload to the Service
• Your violation of any rights of another person or entity

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

11. Termination

11.1 Termination by You

You may terminate your account at any time by cancelling your subscription through your account settings or by contacting us at support@prjctx.com. Termination is effective at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your account immediately if:

• You breach these Terms or our Acceptable Use Policy
• Your account is involved in fraudulent or illegal activity
• Your payment is overdue for more than 30 days
• Required by law or legal process
• We discontinue the Service (with 60 days' notice)

11.3 Effect of Termination

Upon termination:

• Your access to the Service will be revoked
• You will have 30 days to export Your Content
• After 30 days, Your Content will be permanently deleted from our active systems (may persist in backups for up to 90 days)
• No refunds will be provided for unused subscription time
• Sections of these Terms that by their nature should survive (e.g., intellectual property, limitation of liability) will continue to apply

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

12.2 Dispute Resolution Process

In the event of any dispute arising out of or relating to these Terms:

1. Informal resolution: Contact us at legal@prjctx.com to attempt informal resolution (required before formal proceedings)
2. Mediation: If informal resolution fails, the parties agree to participate in good-faith mediation
3. Arbitration: If mediation is unsuccessful, disputes shall be resolved through binding arbitration as described below

12.3 Arbitration Agreement

Any dispute not resolved through informal resolution or mediation shall be resolved by binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in California.

Key arbitration terms:

• Arbitration will be conducted by a single arbitrator
• The arbitrator's decision will be final and binding
• Each party will bear its own costs and attorneys' fees
• You may opt out of arbitration by sending written notice within 30 days of account registration

12.4 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING.

12.5 Exceptions to Arbitration

Either party may seek injunctive relief in court for:

• Intellectual property infringement
• Unauthorized access to the Service
• Violation of our Acceptable Use Policy

13. Miscellaneous Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and PRJCT X regarding the Service and supersede all prior agreements and understandings.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

13.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted transfer in violation of this section is void.

13.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor disputes, or governmental actions.

13.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to U.S. government embargo or designated as a "terrorist supporting" country.

13.7 Third-Party Services

The Service may integrate with third-party services (e.g., file storage, payment processors). Your use of third-party services is subject to their terms and conditions. We are not responsible for third-party services or content.

13.8 Relationship of Parties

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and PRJCT X. Neither party has authority to bind the other.

13.9 Notice Requirements

Notices to you may be sent to the email address associated with your account. Notices to us should be sent to legal@prjctx.com. Notices are deemed received when sent by email or 3 days after mailing.

14. Contact Information

If you have questions, concerns, or requests regarding these Terms, please contact us: