TERMS OF SERVICE

Last modified: September 4, 2025

These Terms of Service (the “Terms”) form a binding agreement between you and Constructr, Inc. (“Constructr,” “we,” “our,” or “us”). By creating an account or accessing the Services while logged in, you agree to these Terms. If you do not agree, do not create an account or use the Services while logged in.

1) Eligibility and Accounts

  • You must be at least 16 years old and capable of entering into a contract.
  • You are responsible for your account credentials and for all activity under your account.
  • You will provide accurate registration information and keep it up to date.

2) Definitions

  • Account means your registered profile that allows access to the Services behind login.
  • Apps or Generated Applications means applications produced using the Services.
  • Private App means an App that is not publicly listed or featured by Constructr. Apps are private by default.
  • Public App means an App you opt in to make available publicly. Constructr may list or showcase Public Apps on our website or other channels.
  • Prompt means user-supplied instructions, descriptions, data, files, or other inputs used to produce outputs or Apps.
  • Iteration means a version or update of an App or output generated by the Services.
  • User Content means content you upload or submit, including Prompts and data you bring to the Services.
  • Generated Output means text, code, images, designs, or other materials produced by the Services from a Prompt.
  • Customer App Data means data generated through end-user use of your Apps (for example, your customers’ or end users’ form entries, logs, or data processed by your App in production).
  • Credit means a metering or usage unit associated with your Account or subscription that may control or measure usage of features or capacity.
  • Services means the Constructr platform, websites, dashboards, APIs, SDKs, documentation, and related materials we provide.

3) Access to the Services

  • Availability. The Services are primarily accessed as a web application. Apps generated today are for the web. We may later support native mobile applications and other channels.
  • Updates and changes. We may modify, suspend, or discontinue features at any time. We may apply automatic updates.
  • Geography and compliance. We may restrict access where prohibited by law, including sanctioned countries and export-controlled jurisdictions. You must comply with applicable export, import, and sanctions laws.

4) Plans, Trials, Billing, Taxes

  • Plans and renewals. We may offer free and paid plans, monthly or annual billing, usage-based components, and free trials that convert to paid if not cancelled before the trial ends. Subscriptions renew automatically unless you cancel in your account before renewal.
  • Fees and taxes. You agree to pay all fees, overages, and applicable taxes. If a payment fails or is late, we may suspend or terminate access.
  • Refunds. All sales are final except where we explicitly offer a money-back guarantee. Outside of those guarantees, refunds are at our discretion.
  • Price changes. We may change prices on renewal with notice.

5) Credits

  • Credits meter or entitle usage. They are not cash, do not represent a stored value, and are non-transferable unless we say otherwise.
  • We may set rate limits and credit consumption rules and may adjust balances in cases of error or misuse.
  • Credits may expire or change as our Services evolve.

6) License to Use the Services; Restrictions

  • We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal purposes or to provide development services to your clients, subject to these Terms and your plan limits.
  • You may use Constructr to build applications for your clients and deliver those applications as part of your own services.
  • You will not: reverse engineer; circumvent security; misuse APIs; resell, sublicense, or white-label the Services themselves; remove proprietary notices; or use the Services to create competing services.
  • Any rights not expressly granted are reserved by Constructr.

7) Content and Ownership

7.1 Your rights in User Content, Outputs, and Apps

  • Ownership. As between you and Constructr, you own your User Content, Generated Output, and Apps, including code and data you provide or that the App produces.
  • Responsibility. You are responsible for the legality of your User Content and your Apps and for obtaining all rights and notices required to use the Services and deploy your Apps.

7.2 Constructr’s limited license to improve the platform

  • You grant Constructr a non-exclusive, non-revocable, non-transferable, worldwide, royalty-free license to use, reproduce, analyze, and create derivative works from your User Content, Generated Output, and App artifacts for the limited purpose of operating, securing, and improving the Services, including quality assurance, troubleshooting, analytics, and product development.
  • On certain plans, you may opt out of our use of your artifacts for improvement on a going-forward basis. Opt-out does not affect our prior lawful use.
  • Important carve-out: Constructr will not use Customer App Data (data generated through end-user use of your Apps) to train models or otherwise improve the Services, except as necessary to provide the Services you request, to maintain security, to comply with law, or as set out in a separate data processing agreement.

7.3 Public vs Private Apps

  • Default private. Apps are private by default. You can choose to make an App public.
  • Public Apps. If you opt in to make an App public, you grant Constructr a license to host, cache, display, and promote that App and its listing so we can make it available on public-facing surfaces. You can switch an App back to private at any time, but copies or references already made may persist.
  • Private Apps. You control whether a Private App is shared with your team or third parties. Constructr will not publicly list or showcase Private Apps without your permission.

7.4 Feedback

  • If you provide feedback or suggestions, we may use them without restriction and without compensation to you.

8) Privacy, Data Handling, and DPA

  • Privacy Policy. Our Privacy Policy explains how we collect and use information. It is incorporated by reference.
  • Data Processing. For business customers, we make a data processing agreement available on request. If there is a conflict between the DPA and these Terms regarding personal data processing, the DPA controls.
  • Customer App Data. Customer App Data belongs to you. Constructr will not use Customer App Data to train models or improve the Services, and we will access it only as needed to provide support you request, maintain security, comply with law, or as provided in a DPA.
  • Retention. Prompts and Outputs may be stored indefinitely unless our data retention policy states otherwise or unless deletion is required by law or agreement. Backups and logs may persist for a time after deletion.

9) Acceptable Use

You will not use the Services or Apps to:

  • Violate law, infringe IP, or invade privacy.

  • Generate or distribute malware or attempt to gain unauthorized access.

  • Harass, exploit, or discriminate against others, or generate content that is unlawful or harmful.

  • Engage in high-risk or regulated uses without appropriate approvals and controls (for example, medical diagnosis, safety-critical decisioning, gambling, or explicit adult content).

  • Misrepresent output as human-generated where disclosure is required.

    We may investigate suspected violations and suspend or terminate accounts when appropriate.

10) Third-Party Services and Open Source

  • Third-party services or libraries you use with Apps are governed by their own terms. We are not responsible for those providers.
  • Some components may be offered under open source licenses. If there is a conflict between an open source license and these Terms, the open source license controls for that component.

11) Service Levels, Support, and Beta

  • Unless you have a separate enterprise agreement, the Services are provided without service-level guarantees. Any targets we mention are goals, not commitments.
  • We may label features as beta or experimental. Beta features are provided as-is and may change or be discontinued at any time.

12) Warranties and Disclaimers

  • The Services and all Outputs are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, and accuracy.
  • You acknowledge that Outputs may be incorrect, incomplete, non-unique, or require human review, and that you are responsible for reviewing and validating Outputs before relying on them.

13) Limitation of Liability

  • To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or exemplary damages, including lost profits, revenues, goodwill, or data, even if advised of the possibility of such damages.
  • Each party’s total liability arising out of or relating to the Services or these Terms is limited to the greater of one hundred US dollars (US $100) or the **amounts paid by you to Constructr for the Services in the twelve (12) months before the event giving rise to liability.
  • These limits do not apply to liability for fraud or willful misconduct.

14) Indemnification

You will defend, indemnify, and hold harmless Constructr and our affiliates, officers, employees, and agents from and against claims, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to: (a) your Apps, User Content, or use of the Services; (b) your violation of these Terms; or (c) your violation of law or third-party rights.

15) Suspension and Termination

  • By Constructr. We may suspend or terminate your access immediately for breach, suspected misuse, non-payment, or risks to the Services or others.
  • By you. You may stop using the Services at any time. If you cancel, you remain responsible for fees through the end of your billing period.
  • Effect of termination. After termination, your license to access the Services ends. We may disable your account and access to Apps.
  • Data after termination. Unless the law or a DPA requires otherwise, we may delete or de-identify your data after 30 days. Backups and logs may persist for a time. We do not provide immediate deletion on request.
  • Refunds. Fees are non-refundable, except as expressly stated in Section 4.

16) Changes to the Services or these Terms

  • We may change the Services and these Terms. We will post updated Terms and will provide notice for material changes (for example, by email or in-product). Your continued use after changes become effective means you accept the updated Terms.

17) Governing Law; Dispute Resolution

  • These Terms are governed by the laws of the State of California, without regard to conflict of laws rules.
  • Arbitration. Any dispute arising out of or relating to these Terms or the Services will be resolved by binding arbitration in San Francisco, California, before a single arbitrator under the rules of JAMS or AAA. Judgment on the award may be entered in any court with jurisdiction.
  • Class action waiver. Disputes must be brought only in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
  • Either party may seek temporary injunctive relief in court to protect its confidential information or intellectual property.

18) Export and Sanctions

You represent that you are not located in a sanctioned country and are not on a restricted party list. You will comply with all export and sanctions laws that apply to your use of the Services and your Apps.

19) Government Use

If you are a U.S. government user, the Services and documentation are “Commercial Items” provided with only those rights set forth in these Terms.

20) Assignment, Entire Agreement, Force Majeure, Severability, Waiver, Survival

  • You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
  • These Terms, together with any order form, plan terms, Privacy Policy, and DPA (if applicable), are the entire agreement between you and Constructr about the Services and supersede prior agreements.
  • Neither party is liable for delays or failures due to events beyond its reasonable control.
  • If a provision is found unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver.
  • Sections that by their nature should survive termination will survive, including ownership, licenses granted to Constructr, disclaimers, limits of liability, indemnity, and dispute resolution.

21) Notices and Contact

  • We may send notices to the email associated with your Account or by in-product message.
  • You can contact us at [email protected] for legal notices or questions.

Priority rules. If you have an enterprise agreement or DPA with Constructr, those documents control to the extent they conflict with these Terms on their subject matter.

Questions? Email [email protected].