Terms of Service

These Terms of Service (“Agreement”) constitute a legally binding contract between DeckBuild LLC (“DeckBuild,” “we,” “us,” or “our”), and the individual or business entity accessing or using the DeckBuild platform (“Customer,” “you,” or “your”). By creating an account or using the Service in any way, you agree to be bound by this Agreement. If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization.

1. Definitions

1.1 “Service” Refers to the DeckBuild software-as-a-service platform, including all features, tools, software-generated functionality, updates, and improvements made available by DeckBuild.

1.2 “Account” The registered account created by a Customer to access and use the Service.

1.3 “Authorized User” Any individual granted access to the Service under a Customer's Account, including employees, contractors, and team members of the Customer's organization. Each Authorized User must maintain unique login credentials. Credential sharing is prohibited under Section 2.4.

1.4 “Customer Data” All information, content, and materials submitted by Customer or its Authorized Users through the Service, including deck designs and drawings, material takeoff lists, client and contact information, photos and file attachments, pricing or cost data, and conversational or chat inputs submitted to AI-assisted features of the Service.

1.5 “Service-Generated Output” Any content, result, calculation, estimate, or suggestion produced by the Service's computational features, including structural calculations and material cost estimates, regardless of the underlying technology used to generate such output.

1.6 “Subscription” A paid plan granting Customer access to the Service for a defined period, as specified in the applicable Order Form or checkout process.

1.7 “Order Form” Any online checkout page, pricing page, or ordering document through which Customer purchases a Subscription or usage-based access to the Service.

1.8 “Intellectual Property Rights” All patents, copyrights, trademarks, trade secrets, know-how, and other intellectual property rights recognized in any jurisdiction worldwide.

1.9 “Third-Party Marks” Product names, brand names, trademarks, service marks, and trade names of third parties that are referenced within the Service, including in default or seeded material catalog entries.

1.10 “Proposal” A branded, client-facing document generated through the Service from a Customer's design, which may include pricing, scope of work, material specifications, and signature blocks.

1.11 “Recipient” (also “Homeowner”) Any individual who accesses a Proposal, quote, design, or share link generated by a Customer through the Service, including by viewing, customizing selections, messaging, or electronically signing, whether or not that individual has a registered Account. An individual who registers an Account and purchases the Service is a Customer under Section 1.1 with respect to that account activity, even if the same individual is or was also a Recipient of another Customer's Proposal. The two roles are governed separately: Recipient interactions are governed by the terms applicable to Recipients, and the individual's own Account activity is governed by the terms applicable to Customers.

1.12 “Electronic Signature” An electronic sound, symbol, or process attached to or logically associated with a Proposal or other record and executed or adopted by a party with the intent to sign, as facilitated by the Service.

1.13 “Consumer Customer.” A Customer who is an individual accessing or purchasing the Service primarily for personal, family, or household purposes rather than for business use. Where a term of this Agreement applies specifically to a Consumer Customer, it controls over any conflicting general term for that Customer.

2. The Service

2.1 Access Grant. Subject to Customer's compliance with this Agreement and timely payment of applicable fees, DeckBuild grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the applicable Subscription Term, solely for Customer’s internal business purposes or, in the case of a Consumer Customer, for the Consumer Customer’s personal, non-commercial purposes. No rights are granted to Customer except as expressly set forth in this Agreement. All rights not expressly granted are reserved to DeckBuild. Nothing in this Agreement grants Customer any right, title, or interest in the software, algorithms, computational models, structural solver logic, span-table data, 3D models, textures, graphical assets, or catalog structures underlying the Service, whether by implication, estoppel, or otherwise.

2.2 Authorized Users. Customer may grant access to Authorized Users up to the seat limit specified in the applicable Order Form. Customer is responsible for all activity that occurs under its Account and for ensuring that all Authorized Users comply with this Agreement. Customer shall promptly notify DeckBuild of any unauthorized access or suspected security breach.

2.3 Free Trial. DeckBuild may offer a free trial period (currently fourteen (14) days, subject to change at DeckBuild's discretion) during which Customer may access the Service at no charge. At the end of the trial period, Customer must purchase a Subscription to continue using the Service. DeckBuild reserves the right to modify or discontinue free trials at any time.

2.4 Usage Restrictions. Customer shall not, and shall not permit any Authorized User, Recipient, or third party to:

• Sublicense, resell, rent, lease, transfer, or otherwise make the Service available to any third party outside of Customer's organization;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
• Copy, modify, or create derivative works of the Service or any component thereof;
• Access, demonstrate, or expose the Service for the purpose of building a competitive product or service, or benchmarking against a competitive product;
• Use automated scripts, crawlers, bots, or scraping tools to extract content from the Service without DeckBuild's prior written consent;
• Remove or obscure any proprietary notices or labels on the Service;
• Circumvent, disable, bypass, or interfere with any technical or security measure that protects, restricts access to, watermarks, or controls the use of the Service or any asset within it, including access controls on 3D models, textures, or other graphical assets;
• Use the Service to extract, reconstruct, reverse-engineer, or derive any prompt, system instruction, model configuration, or underlying logic of any AI-assisted feature, or use any Service output to train, fine-tune, or develop any machine-learning model;
• Download, extract, cache (beyond ordinary browser operation strictly necessary to display the Service), decompile, redistribute, or reuse any 3D models, textures, span-table data, catalog structures, or other graphical or data assets delivered within or displayed by the Service, whether as standalone files or in any form outside of Customer’s authorized use of the Service. Such assets are proprietary licensed components incorporated into the Service and provided solely for viewing and use within the Service; they are not sold, and no title or standalone license to them is granted;
• Use the Service to transmit unlawful, infringing, threatening, abusive, or otherwise objectionable content;
• Interfere with or disrupt the integrity, performance, or availability of the Service or any underlying infrastructure;
• Use the Service in violation of any applicable local, state, federal, or international law or regulation; or
• Share Account credentials, login information, passwords, or access tokens with any individual who is not an Authorized User assigned to Customer's Account. Each Authorized User must have a unique set of login credentials. DeckBuild reserves the right to suspend or terminate Accounts where credential sharing is detected. Customer is responsible for all activity conducted through shared or compromised credentials.
• Demonstrate, screenshot, screen-share, record, or otherwise expose the Service's backend, administrative interfaces, internal workflows, or non-public functionality to any third-party company, competitor, or manufacturer without DeckBuild's prior written consent.

2.5 Suspension. DeckBuild may suspend access to the Service for any Account or Authorized User that violates this Agreement, poses a security risk, or disrupts the Service for others. Suspension does not relieve Customer of any payment obligations. DeckBuild will make reasonable efforts to notify Customer prior to suspension except where immediate action is necessary.

2.6 Modifications to the Service. DeckBuild reserves the right to modify, update, or discontinue features of the Service at any time. DeckBuild will make reasonable efforts to notify Customers of material changes. Customer's continued use of the Service following any such modification constitutes acceptance of the change.

2.7 Recipients and Client-Facing Proposals. The Service allows Customer to generate Proposals and share links that Recipients may access without an Account. Recipients are not Authorized Users and are permitted only to view, interact with, customize, message through, and electronically sign Proposals made available to them by a Customer. Customer is solely responsible for the content of any Proposal it generates, including all pricing, scope, contract, warranty, lien-waiver, and notice language, and for delivering Proposals only to intended Recipients. DeckBuild is not a party to any agreement formed between Customer and a Recipient and makes no representation regarding the formation, validity, or enforceability of any such agreement.

3. Service-Generated Output and Professional Disclaimer

3.1 Nature of Service-Generated Output. The Service uses software tools and algorithms to assist users with structural calculations, material cost estimates, and related design tasks. All Service-Generated Output is provided for informational and planning purposes only and is not a substitute for the judgment of a licensed professional.

The Service is designed to assist your workflow and accelerate your process — it does not replace your experience, judgment, or professional responsibility. Output produced by the Service may contain errors, omissions, or inaccuracies. The speed at which results are generated does not imply reliability or completeness. All outputs must be reviewed carefully before being used to inform cost estimates, timelines, material purchasing, construction plans, or client deliverables.

You are responsible for validating all Service outputs and ensuring their accuracy. The Service is designed to assist your team and speed up your process, but your experience, judgment, and attention to detail are what ensure the job is done right.

3.2 Not a Licensed Engineering Service. DECKBUILD IS NOT A LICENSED ENGINEERING FIRM. SERVICE-GENERATED OUTPUT, INCLUDING ANY STRUCTURAL CALCULATIONS OR LOAD ESTIMATES, DOES NOT CONSTITUTE STAMPED OR CERTIFIED ENGINEERING DOCUMENTS AND HAS NOT BEEN REVIEWED, SEALED, OR APPROVED BY A LICENSED PROFESSIONAL ENGINEER. CUSTOMER IS SOLELY RESPONSIBLE FOR OBTAINING INDEPENDENT REVIEW BY A LICENSED STRUCTURAL ENGINEER OR OTHER QUALIFIED PROFESSIONAL BEFORE RELYING ON ANY SERVICE-GENERATED OUTPUT FOR CONSTRUCTION, PERMITTING, OR ANY OTHER PURPOSE WHERE PROFESSIONAL CERTIFICATION IS REQUIRED.

3.3 User Assumption of Liability. Those using this Service assume all liability arising from its use. DeckBuild and its members make no representations regarding the suitability of any particular design produced using the Service for any specific project, jurisdiction, or site condition. Neither DeckBuild nor its members assume any responsibility for any design prepared, adopted, or constructed in reliance on Service outputs. Customer and its Authorized Users bear sole responsibility for verifying all outputs, obtaining required professional review, and ensuring that any design or construction plan complies with applicable codes, standards, and regulations.

3.4 No Guarantee of Accuracy. DeckBuild makes no representations or warranties regarding the accuracy, completeness, or fitness for any particular purpose of Service-Generated Output. Material cost estimates, including any pricing or specifications contained in default or seeded catalog entries, are approximations based on available or illustrative data and may not reflect current market pricing, product specifications, local availability, or project-specific conditions. Customer assumes all risk associated with reliance on Service-Generated Output.

3.5 Marketing Representations; No Guarantee of Savings. DeckBuild may publish illustrative claims regarding average material cost savings or efficiency gains achievable through use of the Service (e.g., “save $X per deck in material costs”). All such figures are estimates based on aggregated, illustrative examples and do not constitute a guarantee, warranty, or representation that any particular Customer will achieve the same or similar results. Actual savings, if any, will vary based on project size, material selection, supplier pricing, regional market conditions, Customer workflows, and other factors outside DeckBuild's control. No marketing claim by DeckBuild creates any contractual obligation or modifies this Agreement.

3.6 Ownership of Service-Generated Output. As between DeckBuild and Customer, Customer owns all right, title, and interest in and to the Service-Generated Output produced through Customer’s use of the Service. DeckBuild claims no ownership rights in such output. For clarity, Service-Generated Output consists of Customer’s project-specific data and results (such as designs, measurements, calculations, and takeoff quantities) and does not include any underlying 3D models, textures, graphical assets, catalog structures, computational models, algorithms, or other DeckBuild Intellectual Property that may be embedded in, displayed alongside, or used to produce such output. No ownership of or standalone license to such DeckBuild components is transferred by virtue of Customer’s ownership of the Output.

4. Electronic Signatures and Contracting

4.1 E-Signature Tooling. The Service provides functionality that enables Customer and Recipients to execute Proposals and related documents using Electronic Signatures. By using this functionality, Customer and each Recipient consent to conduct the relevant transaction electronically and agree that their Electronic Signature has the same legal effect as a handwritten signature to the maximum extent permitted under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and any other applicable law.

4.2 DeckBuild Is Not a Party. Any Proposal, contract, or agreement executed through the Service is solely between Customer and the Recipient. DeckBuild is not a party to, and assumes no responsibility or liability for, the content, accuracy, legality, formation, validity, enforceability, or performance of any such agreement. DeckBuild provides the signature tooling only and does not provide legal advice or review.

4.3 Customer Responsibility for Content. Customer is solely responsible for ensuring that any Proposal, contract term, lien waiver, statutory notice, warranty term, change-order policy, or other language it includes in or generates through the Service is accurate, complete, and compliant with all applicable laws in the relevant jurisdiction. Any template or default language made available through the Service is provided for convenience only, is not legal advice, and must be independently reviewed by Customer.

4.4 Signature Records. The Service may capture and retain signature-related metadata, including signer identity information, IP address, timestamp, and audit trail, in connection with executed documents. Notwithstanding the retention periods in Section 5.7, DeckBuild may retain executed documents and their associated audit records for a longer period as reasonably necessary to support the integrity and evidentiary value of the signature record, or as required by law.

4.5 No Guarantee of Enforceability. While the Service is designed to support enforceable electronic signatures, DeckBuild does not warrant that any given signature or executed document will be enforceable in any particular jurisdiction or dispute. Customer is responsible for determining whether the Service's e-signature functionality meets its legal requirements.

5. Customer Data

5.1 Customer Ownership. Customer retains all right, title, and interest in and to Customer Data. DeckBuild does not claim any ownership over Customer Data.

5.2 License to DeckBuild. Customer grants DeckBuild a limited, worldwide, non-exclusive, royalty-free license to access, store, process, and display Customer Data solely as necessary to: (a) provide and operate the Service; (b) prevent or address technical or security issues; (c) respond to Customer support requests; (d) comply with legal obligations or respond to Customer instructions; and (e) follow up on questions or requests submitted through the Service, including unresolved inquiries raised through AI-assisted features, and otherwise support and improve the Customer's experience with the Service.

5.3 Anonymized Data. DeckBuild may collect, use, publish, and distribute aggregated, anonymized, and de-identified data derived from Customer's use of the Service for the purpose of improving the Service, developing new features, and publishing industry benchmarks, reports, pricing indices, and market insights. Such data will be aggregated across multiple Customers and will not identify Customer or any individual user. DeckBuild's rights under this Section survive termination of this Agreement and apply to data in a de-identified form that is no longer associated with Customer.

5.4 Data Protection. DeckBuild will implement and maintain industry-standard administrative, technical, and organizational safeguards designed to protect the confidentiality, integrity, and availability of Customer Data against unauthorized access, disclosure, alteration, or destruction.

5.5 Sensitive Information. Customer agrees not to submit through the Service any information subject to heightened regulatory requirements, including but not limited to: protected health information under HIPAA, payment card data subject to PCI-DSS, Social Security numbers, government-issued identification numbers, or any data regulated under applicable data protection laws as “sensitive” personal information.

5.6 Customer Responsibilities. Customer warrants that it has obtained all necessary rights, consents, and permissions required to submit Customer Data to the Service, to grant DeckBuild the license described in Section 5.2, and to share or distribute any Customer Data (including client or homeowner information) through links, QR codes, exported documents, or other sharing features of the Service. Customer is solely responsible for the accuracy, quality, and legality of Customer Data.

5.7 Data Retention.

(a) Active Accounts. DeckBuild retains Customer Data for the duration of the active Subscription Term. DeckBuild performs regular automated backups of platform data using industry-standard infrastructure. Backup snapshots are retained on a rolling basis for a minimum of thirty (30) days, subject to DeckBuild's then-current infrastructure and storage policies. Backups are maintained for disaster recovery purposes and do not constitute a separate data export or guarantee of point-in-time recovery.

(b) Post-Termination Retention. Following expiration or termination of a Subscription, DeckBuild will retain Customer Data for thirty (30) days (the “Retention Period”), during which Customer may request a data export by contacting support@deckbuild.com. After the Retention Period, DeckBuild will delete or anonymize Customer Data in accordance with its standard data lifecycle procedures, except where retention is required by applicable law or for legitimate business purposes such as dispute resolution or legal compliance. Notwithstanding the foregoing, executed documents, Electronic Signatures, and their associated audit trails may be retained beyond the Retention Period as reasonably necessary to preserve the integrity and evidentiary value of the signature record or as required by law.

(c) Deletion Requests. Customer may request deletion of Customer Data prior to expiration of the Retention Period by submitting a written request to support@deckbuild.com. DeckBuild will process such requests within thirty (30) days, subject to any legal obligations requiring retention of certain records.

(d) No Guarantee of Recovery. DeckBuild's backup and retention practices are designed to protect against data loss but do not constitute a guarantee of data availability or recovery. DeckBuild shall not be liable for any loss of Customer Data resulting from Customer's failure to export data prior to termination or from circumstances beyond DeckBuild's reasonable control.

5.8 AI-Assisted Features; Third-Party Model Provider. Certain features of the Service use artificial intelligence tools that may be powered by a third-party model provider. Conversational inputs and related Customer Data submitted to such features may be transmitted to and processed by that provider solely to generate responses within Customer's use of the Service. DeckBuild contracts with its third-party model provider on terms that do not permit the use of Customer inputs or outputs to train or improve the provider's models, and DeckBuild does not authorize any such use. DeckBuild does not control the third-party provider's systems and does not warrant the provider's compliance with its own terms; DeckBuild's obligation under this Section is limited to maintaining contractual terms consistent with the foregoing and to not authorizing such use. Customer and its Authorized Users acknowledge that conversational inputs submitted to AI-assisted features may be reviewed by DeckBuild personnel and used to respond to or follow up on the user's inquiries and to support the user's use of the Service. Additional detail regarding AI-assisted features is described in DeckBuild's Privacy Policy.

6. Fees and Payment

6.1 Subscription Fees. Customer agrees to pay all fees specified in the applicable Order Form. All fees are stated in U.S. dollars. Fees are due in advance for monthly and annual Subscription plans. For usage-based billing, fees are calculated and charged at the end of each billing cycle based on actual usage. Payment is processed through a third-party payment processor. By providing payment information, Customer authorizes DeckBuild to charge the applicable fees to the designated payment method.

6.2 Auto-Renewal. Subscriptions automatically renew at the end of each Subscription Term at the then-current pricing unless Customer cancels or elects a plan change (as described in Section 6.7) before the renewal date. Customer may cancel at any time by accessing Account settings or contacting support@deckbuild.com. Cancellation takes effect at the end of the then-current Subscription Term; no refunds are issued for unused portions of a prepaid period.

6.3 Fee Changes. DeckBuild reserves the right to adjust pricing at any time. For existing Customers on monthly plans, pricing changes take effect at the next renewal following thirty (30) days' notice. For annual plan Customers, changes take effect at the next annual renewal.

6.4 Taxes. All fees are exclusive of applicable taxes. Customer is responsible for all sales, use, value-added, and similar taxes imposed by any governmental authority in connection with Customer's use of the Service, excluding taxes based on DeckBuild's net income.

6.5 Late Payment. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. DeckBuild reserves the right to suspend access to the Service for accounts with overdue balances, in addition to any other available remedies.

6.6 No Contingency. Customer's purchase of a Subscription is not contingent upon the delivery of any future feature, functionality, or enhancement, whether communicated publicly or privately by DeckBuild.

6.7 Plan Changes (Upgrades and Downgrades).

(a) Monthly to Annual Upgrade. Customer may upgrade from a monthly Subscription to an annual Subscription at any time. The annual Subscription Term begins immediately upon the plan change, and Customer's annual term and renewal date are reset to the upgrade date. DeckBuild will apply a prorated credit for the unused portion of Customer's current monthly billing period against the annual Subscription fee, calculated on a daily basis from the date of the plan change through the end of the then-current monthly period. The prorated credit is applied solely against the annual fee at the time of upgrade and has no cash value, is non-refundable, and may not be carried forward, transferred, or redeemed for any other purpose.

(b) Annual to Monthly Downgrade. Customer may elect to downgrade from an annual Subscription to a monthly Subscription, but the downgrade does not take effect until the end of the then-current annual Subscription Term. Customer retains full access to the annual plan through its expiration date, at which point the Subscription converts to a monthly plan at the then-current monthly pricing and begins billing on a monthly basis. No refund or proration is provided for the annual term upon election to downgrade, and the annual Subscription will not auto-renew once a downgrade has been elected.

6.8 No Facilitation of Customer–Recipient Payments. Fees under this Section are for Customer's Subscription to the Service only. DeckBuild does not process, collect, hold, escrow, or disburse any deposit, down payment, or other payment between Customer and any Recipient. Any deposit or payment amount stated in a Proposal is a term of the agreement between Customer and Recipient, to be collected by Customer through its own means. Where the Service offers a financing referral link (for example, to a third-party financing provider), DeckBuild acts solely as a referral source, is not a lender, broker, or party to any financing arrangement, and disclaims all liability for such financing. Financing terms are strictly between the Recipient and the third-party provider.

6.9 One-Time and Export Fees. Certain features, including plan exports and takeoff access, may be offered on a one-time, per-transaction basis rather than as a recurring Subscription. Such fees are disclosed at the point of purchase, are charged in full at the time of purchase, and grant access to the purchased output or feature as described at checkout. Except as required by applicable law, one-time and export fees are non-refundable once the applicable plan, export, or takeoff has been generated or made available for download. Sections 6.2 (Auto-Renewal) and 6.3 (Fee Changes) do not apply to one-time or export fees.

6.10 Consumer Rights. Nothing in this Section 6 limits any non-waivable refund, cancellation, or cooling-off right a Consumer Customer may have under the consumer-protection laws of the Consumer Customer’s state of residence. To the extent any provision of this Section conflicts with such a non-waivable right, that right controls solely as to that Consumer Customer.

7. Intellectual Property Rights

7.1 DeckBuild Ownership. DeckBuild owns and retains all right, title, and interest in and to the Service, including all underlying software, algorithms, computational models, structural solver logic and its implementation of code-based span tables, material takeoff logic, databases, interfaces, 3D models, textures, graphical assets, catalog structures, documentation, and all Intellectual Property Rights therein. Customer acknowledges that these components constitute DeckBuild’s trade secrets and proprietary information, developed at significant expense and maintained as confidential. This Agreement does not transfer any ownership rights in the Service to Customer.

7.2 Feedback. If Customer or any Authorized User provides DeckBuild with suggestions, ideas, enhancement requests, or other feedback regarding the Service (“Feedback”), Customer grants DeckBuild an irrevocable, perpetual, worldwide, royalty-free license to use, implement, modify, and commercialize such Feedback without restriction or obligation to Customer. Customer acknowledges that DeckBuild is under no obligation to act on any Feedback.

7.3 Trademarks. Neither party may use the other party's trademarks, logos, or trade names without prior written consent, except that DeckBuild may identify Customer as a user of the Service in its marketing materials. Customer may revoke this permission at any time by providing written notice to DeckBuild.

7.4 Testimonials and Shout Outs. Where Customer or any Authorized User submits a testimonial, endorsement, or “Shout Out” through a designated feature of the Service, the submitting party grants DeckBuild a worldwide, royalty-free, perpetual license to use, reproduce, publish, and display the submitter's first name, last initial, company name, and company logo in DeckBuild's marketing and promotional materials across any media. By submitting, the party represents that it is authorized to grant this license, including any rights in the company name and logo. Customer or the Authorized User may revoke this permission as to future use at any time by providing written notice to DeckBuild at info@deckbuild.com; revocation does not require DeckBuild to recall or remove materials already produced, published, or distributed.

7.5 Third-Party Marks; Default Catalog Content. The Service may reference Third-Party Marks, including within default or pre-populated material catalog entries seeded into new Accounts (for example, common decking, railing, fastener, and hardware brands). All Third-Party Marks are the property of their respective owners. Such references are used solely for identification, descriptive, and interoperability purposes, to allow Customer to select and organize the materials it actually uses in its own projects. Reference to any Third-Party Mark does not constitute or imply any affiliation with, sponsorship by, endorsement by, or approval by the trademark owner, and DeckBuild is not affiliated with, authorized by, or sponsored by any such third party unless expressly stated in writing. Default catalog entries, including any associated specifications, dimensions, and pricing, are illustrative starting templates only; they are unverified, may be inaccurate or out of date, and are fully editable and removable by Customer. Customer is responsible for confirming all product specifications, availability, and pricing directly with the applicable supplier or manufacturer before relying on them. Any trademark owner may request correction or removal of a reference to its marks by contacting legal@deckbuild.com, and DeckBuild will address such requests within a reasonable period.

8. Confidentiality

8.1 Definition. “Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Customer Data is Customer's Confidential Information. The Service, its algorithms, structural solver logic, computational models, 3D and graphical assets, catalog structures, pricing, and technical documentation are DeckBuild’s Confidential Information and trade secrets. Notwithstanding the foregoing, Confidential Information does not include aggregated, anonymized, and de-identified data as described in Section 5.3, and DeckBuild's use, publication, and distribution of such data in accordance with Section 5.3 shall not constitute a breach of this Section 8.

8.2 Obligations. Each party agrees to: (a) hold the other party's Confidential Information in strict confidence using at least the same degree of care used for its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without the disclosing party's prior written consent; and (c) use Confidential Information solely for the purposes of performing under this Agreement.

8.3 Exceptions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is lawfully received from a third party without restriction.

8.4 Compelled Disclosure. If either party is required by law or legal process to disclose Confidential Information, that party shall provide the other with prompt written notice (to the extent legally permitted) so that the disclosing party may seek appropriate protective relief. The receiving party shall disclose only the minimum amount of Confidential Information legally required.

9. Warranties and Disclaimers

9.1 Mutual Warranties. Each party represents and warrants that: (a) it has full authority to enter into this Agreement; (b) this Agreement constitutes a binding legal obligation enforceable against it; and (c) its performance under this Agreement does not conflict with any other agreement or obligation.

9.2 Customer Warranties. Customer additionally warrants that: (a) all identifying and billing information provided to DeckBuild is accurate and current; (b) Customer has obtained all necessary consents from Authorized Users for the collection and processing of personal data through the Service; and (c) Customer's submission and use of Customer Data complies with all applicable laws.

9.3 Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE AND ALL SERVICE-GENERATED OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. DECKBUILD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. DECKBUILD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH ITS USE OF THE SERVICE AND RELIANCE ON SERVICE-GENERATED OUTPUT.

10. Indemnification

10.1 By Customer. Customer shall indemnify, defend, and hold harmless DeckBuild and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's breach of this Agreement; (b) Customer's or any Authorized User's use of the Service in violation of applicable law; (c) any claim that Customer Data infringes or misappropriates any third-party right; or (d) Customer's reliance on Service-Generated Output without independent professional verification.

10.2 By DeckBuild. DeckBuild shall indemnify, defend, and hold harmless Customer from and against third-party claims alleging that the Service, as provided by DeckBuild and used in accordance with this Agreement, infringes any copyright, trademark, or trade secret right of a third party. This obligation does not apply to claims arising from: (a) Customer's modification of the Service; (b) Customer's combination of the Service with third-party products or data not approved by DeckBuild; or (c) Customer's use of the Service other than as permitted under this Agreement.

10.3 Process. The party seeking indemnification must: (a) provide prompt written notice of the claim; (b) grant the indemnifying party sole control over the defense and settlement; and (c) cooperate reasonably in the defense. The indemnifying party may not settle any claim that imposes liability or obligations on the indemnified party without prior written consent.

11. Limitation of Liability

11.1 Use at Your Own Risk. YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. DECKBUILD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

11.2 Calculations, Measurements, and Structural Outputs. THE SERVICE MAY GENERATE STRUCTURAL CALCULATIONS, MATERIAL QUANTITY ESTIMATES, MEASUREMENTS, TAKEOFF DATA, AND OTHER DESIGN-RELATED OUTPUTS. WHILE DECKBUILD STRIVES TO PRODUCE RELIABLE RESULTS, WE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS, OR PRECISION OF ANY SUCH OUTPUTS. INACCURACIES IN CALCULATIONS OR MEASUREMENTS MAY RESULT IN MATERIAL WASTE, FINANCIAL LOSS, STRUCTURAL DEFICIENCIES, SAFETY HAZARDS, OR OTHER DAMAGES. BY USING THE SERVICE, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT: (A) ALL CALCULATIONS, STRUCTURAL ESTIMATES, AND MATERIAL TAKEOFFS ARE GENERATED FOR PLANNING AND REFERENCE PURPOSES ONLY; (B) DECKBUILD SHALL NOT BE LIABLE FOR ANY ERRORS, INACCURACIES, OR OMISSIONS IN ANY OUTPUT PRODUCED BY THE SERVICE; AND (C) IT IS CUSTOMER'S SOLE RESPONSIBILITY TO INDEPENDENTLY VERIFY ALL OUTPUTS, CALCULATIONS, AND MEASUREMENTS BEFORE RELYING ON THEM FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO CONSTRUCTION, PERMITTING, MATERIAL PROCUREMENT, OR CLIENT DELIVERABLES.

11.3 No Liability for Improper Structural Plans. DECKBUILD IS NOT A LICENSED ENGINEERING FIRM AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM THE USE OF ANY STRUCTURAL PLANS, LOAD CALCULATIONS, OR ENGINEERING-RELATED OUTPUTS GENERATED BY THE SERVICE. DECKBUILD AND ITS MEMBERS, MANAGERS, EMPLOYEES, PARTNERS, AGENTS, AND AFFILIATES SHALL NOT BE HELD LEGALLY RESPONSIBLE FOR ANY CLAIM, DAMAGE, INJURY, LOSS, OR LIABILITY OF ANY KIND ARISING FROM OR RELATED TO: (A) RELIANCE ON STRUCTURALLY INADEQUATE OR INCORRECT PLANS PRODUCED USING THE SERVICE; (B) FAILURE TO OBTAIN INDEPENDENT REVIEW BY A LICENSED STRUCTURAL ENGINEER OR OTHER QUALIFIED PROFESSIONAL; (C) ANY CONSTRUCTION PERFORMED IN RELIANCE ON SERVICE OUTPUTS WITHOUT APPROPRIATE PROFESSIONAL VERIFICATION; OR (D) PERMIT APPLICATIONS, INSPECTIONS, OR REGULATORY COMPLIANCE EFFORTS BASED ON SERVICE-GENERATED DOCUMENTATION. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ALL STRUCTURAL AND ENGINEERING DECISIONS MADE IN CONNECTION WITH ITS USE OF THE SERVICE.

11.4 Exclusion of Consequential Damages. IN NO EVENT SHALL DECKBUILD OR ITS MEMBERS, MANAGERS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, MATERIAL WASTE, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO CUSTOMER'S ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY OUTPUT THEREOF, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF DECKBUILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.5 Cap on Liability. EXCEPT AS SET FORTH IN THIS SECTION 11.5, IN NO EVENT SHALL DECKBUILD'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER TO DECKBUILD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500.00). FOR DECKBUILD'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10.2 AND FOR EITHER PARTY'S BREACH OF SECTION 8 (CONFIDENTIALITY), DECKBUILD'S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF (X) TWO TIMES (2×) THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER TO DECKBUILD IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (Y) FIVE THOUSAND DOLLARS ($5,000.00). NOTHING IN THIS SECTION LIMITS CUSTOMER'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 10.1. THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT EXPAND THESE LIMITS.

11.6 Software Limitations Acknowledgment. Customer expressly acknowledges that the Service is software-based and, like all software, is capable of producing results that are incomplete, incorrect, or missing relevant context. The fact that the Service generates outputs quickly does not imply that those outputs are accurate or complete. Customer is solely responsible for reviewing, validating, and verifying all outputs before relying on them for any purpose, including but not limited to cost estimates, material orders, project timelines, structural plans, client proposals, or permit applications. DeckBuild shall not be liable for any loss or damage arising from Customer's failure to review Service outputs prior to reliance.

11.7 Sole Remedy. Customer's sole and exclusive remedy for dissatisfaction with the Service or any breach of this Agreement by DeckBuild is to terminate this Agreement and discontinue use of the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages; in such jurisdictions, DeckBuild’s liability is limited to the maximum extent permitted by applicable law. Nothing in Section 11 (including the warranty disclaimers in 11.1 and the liability cap in 11.5) operates to exclude or limit any liability, warranty, or remedy that cannot lawfully be excluded or limited as to a Consumer Customer under the mandatory consumer-protection laws of that Consumer Customer’s state of residence. As to any such Consumer Customer, DeckBuild’s liability is limited to the greatest extent permitted by those laws.

11.8 Injunctive Relief. Customer acknowledges that any breach or threatened breach of Section 2.4 (Usage Restrictions), Section 7 (Intellectual Property Rights), or Section 8 (Confidentiality) would cause DeckBuild irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, DeckBuild is entitled to seek injunctive and other equitable relief to prevent or restrain such breach, without the necessity of posting a bond or proving actual damages, in addition to any other remedies available at law or in equity. The limitations in this Section 11 do not apply to Customer’s breach of Sections 2.4, 7, or 8.

12. Term and Termination

12.1 Term. This Agreement commences on the date Customer first creates an Account or accepts these Terms and continues until the applicable Subscription has expired or been terminated.

12.2 Termination for Cause. Either party may terminate this Agreement upon written notice if the other party: (a) materially breaches this Agreement and fails to cure such breach within twenty (20) days following written notice; or (b) becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to insolvency proceedings not dismissed within sixty (60) days. Breaches of Section 2.4 (Usage Restrictions) are grounds for immediate termination upon notice.

12.3 Termination by Customer. Customer may cancel its Subscription at any time through Account settings or by contacting support@deckbuild.com. Cancellation takes effect at the end of the then-current billing cycle. No refund is provided for unused time in a prepaid period.

12.4 Effect of Termination. Upon expiration or termination: (a) all rights and licenses granted to Customer immediately terminate; (b) Customer must cease all use of the Service; and (c) DeckBuild may deactivate Customer's Account. Customer Data will be retained for thirty (30) days following termination in accordance with Section 5.7, during which Customer may request an export. After that period, DeckBuild may delete Customer Data in accordance with its data retention policies.

12.5 Survival. The following sections survive termination: Section 1 (Definitions), Section 2.4 (Usage Restrictions), Section 3.2 (Engineering Disclaimer), Section 3.3 (User Assumption of Liability), Section 4 (Electronic Signatures and Contracting), Section 5.1 (Customer Ownership), Section 5.8 (AI-Assisted Features), Section 6 (Fees and Payment, for amounts accrued), Section 7 (Intellectual Property Rights), Section 8 (Confidentiality), Section 9.3 (Disclaimer of Warranties), Section 10 (Indemnification), Section 11 (Limitation of Liability), and Section 13 (Miscellaneous; Dispute Resolution; Arbitration; Class Action Waiver).

13. Miscellaneous

13.1 Governing Law; Venue. This Agreement is governed by the laws of the State of Michigan, without regard to its conflict of law principles. Subject to the arbitration provisions in Section 13.11, each party consents to the exclusive jurisdiction of the state and federal courts located in that state for any matter not subject to arbitration.

13.2 Modifications to Terms. DeckBuild may update this Agreement at any time by posting the revised version on the DeckBuild website or notifying Customer by email. The updated Agreement becomes effective upon posting or as otherwise stated in the notice. Customer's continued use of the Service after the effective date constitutes acceptance of the revised terms. DeckBuild recommends that Customer review this Agreement periodically.

13.3 Assignment. Neither party may assign this Agreement or any rights hereunder without the other party's prior written consent, except that either party may assign this Agreement without consent in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee is not a direct competitor of the non-assigning party. Any attempted assignment in violation of this section is void.

13.4 Third-Party Services. The Service may integrate with or rely upon third-party services, including payment processors, data infrastructure providers, and third-party artificial intelligence or machine-learning model providers. Use of such third-party services is subject to the applicable third party's terms of service. DeckBuild disclaims all liability for the acts, omissions, or failures of third-party service providers.

13.5 Force Majeure. DeckBuild is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, acts of government, internet outages, cyberattacks, or failures of third-party hosting infrastructure. DeckBuild will use commercially reasonable efforts to mitigate the impact of such events and resume performance as soon as practicable.

13.6 Notices. Legal notices to DeckBuild should be sent to legal@deckbuild.com or to DeckBuild LLC c/o its registered agent. DeckBuild may provide notices to Customer via email to the address on file, in-app notification, or by posting on the DeckBuild website. Email notices are deemed effective upon transmission.

13.7 Severability; No Waiver. If any provision of this Agreement is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. DeckBuild's failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

13.8 Entire Agreement. This Agreement, together with any applicable Order Form, constitutes the entire agreement between the parties regarding the Service and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral. No terms contained in any Customer purchase order or other Customer documentation shall be incorporated into or modify this Agreement unless expressly agreed to in writing by DeckBuild.

13.9 Relationship of the Parties. The parties are independent contractors. This Agreement does not create any partnership, joint venture, agency, franchise, or employment relationship. Neither party has the authority to bind the other party to any obligation.

13.10 Contact. Questions about these Terms may be directed to: support@deckbuild.com

13.11 Dispute Resolution; Arbitration; Class Action Waiver.

(a) Informal Resolution. Before initiating any formal proceeding, the parties agree to first attempt to resolve any dispute arising out of or relating to this Agreement informally by contacting legal@deckbuild.com and engaging in good-faith negotiation for at least thirty (30) days following written notice of the dispute.

(b) Binding Arbitration. Except as provided in subsection (d), any dispute, claim, or controversy arising out of or relating to this Agreement or the Service that is not resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted before a single arbitrator. The seat of arbitration and any required in-person proceedings shall take place in the state in which DeckBuild is organized. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. If this class action waiver is found to be unenforceable as to a particular claim, that claim (and only that claim) shall be severed and may proceed in a court of competent jurisdiction, while all other claims remain subject to arbitration.

(d) Exceptions. Notwithstanding the foregoing, either party may (i) bring an individual claim in small claims court, and (ii) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its Intellectual Property Rights or Confidential Information, without first complying with subsections (a)–(b).

(e) Opt-Out. Customer may opt out of this Section 13.11 by sending written notice to legal@deckbuild.com within thirty (30) days of first accepting this Agreement. An opt-out notice does not affect any other provision of this Agreement.

(f) Consumer Customers. For a Consumer Customer, this Section 13.11 applies only to the extent enforceable under the laws of the Consumer Customer's state of residence. Where any portion is unenforceable as to a Consumer Customer, that portion is severed as to that Consumer Customer only, and the remainder of this Section continues to apply. This does not affect the enforceability of this Section as to any other Customer.