Terms of Service

1. Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you") and Girdergrove, Inc. ("the Company," "we," "us," or "our"), a company incorporated under the laws of the State of Arizona with its principal place of business at 2 North Central Avenue, Suite 1800, Phoenix AZ 85004.

By accessing or using girdergrove.com or any product or service made available through it (collectively the "Service"), you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

The Company provides construction schedule intelligence software that connects to project management platforms (including Procore, Fieldwire, and Buildertrend via API) or accepts uploaded schedule files, daily logs, and RFI records submitted by general contractor and project owner teams. The Service analyzes those inputs to generate schedule risk flags, early-warning summaries, and owner reporting outputs to assist project managers in identifying developing schedule and cost risks.

The Service is provided on an early-access basis during the current phase of product development. Features, availability, and pricing are subject to change. The Company will provide reasonable notice of material changes where practicable.

3. User Obligations

You agree to:

• Provide accurate information when creating an account or submitting project data;
• Use the Service only for lawful purposes and in compliance with applicable laws;
• Not reverse-engineer, decompile, or attempt to extract source code from any component of the Service;
• Not use the Service to store or transmit content that is unlawful, harmful, or infringes third-party rights;
• Maintain the security of your account credentials and promptly notify the Company of any unauthorized access.

You are responsible for ensuring you have the rights to submit any project data to the Service, including any data covered by third-party construction contracts or subcontractor agreements.

4. Intellectual Property

The Service, including all software, algorithms, text, visual design, and documentation, is owned by or licensed to the Company and protected by applicable intellectual property laws. These Terms do not transfer any ownership interest to you.

You retain all ownership rights in the project data you submit to the Service. By submitting project data, you grant the Company a limited, non-exclusive license to process that data solely to provide the Service to you. We do not use your project data to train models or for any purpose other than delivering your requested outputs, without your explicit written consent.

5. Privacy

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Company does not warrant that the Service will be uninterrupted, error-free, or accurate in all circumstances. Schedule risk outputs and early-warning flags are analytical outputs based on the data you provide; they are not professional construction management, engineering, or legal advice. Project teams remain solely responsible for all project management decisions.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

8. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; or (c) your violation of any applicable law or third-party rights.

9. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict-of-law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved by informal negotiation within 30 days shall be resolved by binding arbitration administered in Arizona, USA, under the rules of the American Arbitration Association ("AAA"). The arbitration shall be conducted in English by a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any arbitration proceeding will be conducted on an individual basis and not as a class, consolidated, or representative action. You waive any right to participate in any class action lawsuit or class-wide arbitration relating to the Service.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or confidential information.

10. Modification and Termination

The Company may modify these Terms at any time. Material changes will be communicated by posting the revised Terms with an updated "Last updated" date. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance.

The Company may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with reasonable notice. You may stop using the Service at any time. Sections that by their nature should survive termination (including Sections 4, 6, 7, 8, and 9) shall survive.

11. Contact

Questions about these Terms can be sent to: