Terms of Service

1. Description of Service

BuildGenie provides an online platform that connects businesses ("Clients") with independent IT field service technicians ("Technicians") for onsite datacenter and IT infrastructure work. The Service includes work order management, AI-powered technician matching, real-time job tracking, and billing facilitation.

BuildGenie acts as a marketplace platform. Technicians are independent contractors, not employees of BuildGenie. BuildGenie does not directly perform IT field services.

2. Account Registration

To use certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials secure and confidential
• Accept responsibility for all activity under your account
• Notify BuildGenie immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information.

3. Client Terms

As a Client using the Service, you agree to:

• Provide accurate and complete work order details, including location, scope, and requirements
• Ensure Technicians have appropriate access to the work site
• Maintain a safe working environment at the job location
• Pay for completed work orders in accordance with the agreed pricing
• Provide timely feedback and approval for completed work
• Not solicit BuildGenie technicians for direct engagement outside the platform

4. Technician Terms

As a Technician using the Service, you agree to:

• Complete the BuildGenie verification process truthfully
• Maintain current and valid certifications as listed in your profile
• Perform accepted work orders professionally and in accordance with the job description
• Arrive on time and check in/out via the platform at the job site
• Provide photo documentation and status updates as required
• Maintain confidentiality of Client information and systems
• Not solicit Clients for direct engagement outside the platform

Technicians are independent contractors and are responsible for their own taxes, insurance, and compliance with applicable laws.

5. Payments and Fees

All pricing is displayed on the platform before work order confirmation. By submitting a work order, you agree to pay the stated price. Payment terms include:

• Work orders are billed upon completion and Client approval
• Subscription fees (Professional and Enterprise plans) are billed monthly or annually in advance
• Late payments may incur interest charges as permitted by applicable law
• Technician payments are processed according to the Technician payment schedule
• Disputes must be raised within 7 days of work order completion

6. Service Level Agreements

BuildGenie offers SLA targets based on work order priority level. SLAs represent performance targets and are subject to factors including technician availability, location coverage, and job complexity. Custom SLA agreements are available for Enterprise customers. SLA credits or remedies, if applicable, are detailed in your specific plan agreement.

7. Intellectual Property

The Service, including its design, text, graphics, logos, software, and all other content, is owned by BuildGenie and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

8. Prohibited Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Submit false or misleading information
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to other accounts or systems
• Scrape, harvest, or collect information from the Service without authorization
• Circumvent the platform to engage directly with Clients or Technicians
• Harass, threaten, or discriminate against other users

9. Limitation of Liability

To the maximum extent permitted by law, BuildGenie shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the Service. Our total liability for any claim arising from these Terms shall not exceed the amount you paid to BuildGenie in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify and hold BuildGenie harmless from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.

11. Dispute Resolution

Any disputes arising from these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in the state of Delaware. You agree to waive any right to a jury trial or to participate in a class action.

12. Termination

Either party may terminate these Terms at any time. BuildGenie reserves the right to suspend or terminate your access to the Service immediately, without prior notice, for conduct that we determine violates these Terms or is harmful to other users, BuildGenie, or third parties. Upon termination, your right to use the Service ceases immediately.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

14. Governing Law

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

15. Contact

If you have questions about these Terms of Service, please contact us at: