These Terms of Service (“Terms”) govern your access to and use of Biltix, Inc.’s (“Biltix,” “we,” “us”) website, applications, and services (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.
1. Eligibility and accounts
You must be at least 18 years old to use the Services. You are responsible for the accuracy of your account information and for safeguarding your credentials. You are responsible for all activity that occurs under your account.
2. Subscription, pricing, and orders
Pricing and the scope of your subscription are set out in a separate order form, quote, or written agreement between you and Biltix. Unless otherwise agreed, fees are non-refundable. We may suspend the Services for non-payment after reasonable notice.
3. Customer Data
“Customer Data” means any data, content, or materials you submit to the Services — including drawings, RFIs, submittals, change orders, financial figures, and communications. As between you and Biltix, you own Customer Data. You grant Biltix a worldwide, non-exclusive license to host, copy, transmit, display, and process Customer Data solely to provide and improve the Services for you, including powering AI features you invoke.
You represent that you have all rights necessary to submit Customer Data and that doing so does not violate any law or third-party right.
4. Acceptable use
You agree not to:
- Use the Services in violation of any law or third-party right.
- Reverse engineer, decompile, or attempt to extract the source code of the Services, except as expressly permitted by law.
- Interfere with or disrupt the integrity or performance of the Services.
- Use the Services to send spam, malware, or unlawful content.
- Resell, sublicense, or provide the Services as a service bureau without our written consent.
- Attempt to bypass usage limits or access controls.
5. AI features and outputs
The Services include AI-generated outputs (e.g., takeoffs, drafted RFI responses, summaries, cited answers). AI outputs may be inaccurate, incomplete, or unsuitable for a given use. You are responsible for reviewing AI outputs before relying on them, and Biltix makes no warranty that AI outputs will be correct, complete, or fit for any particular purpose. You bear sole responsibility for any decisions made or work performed based on AI outputs.
As between you and Biltix, you own AI outputs generated from your Customer Data, subject to our underlying rights in the Services and the rights of third-party model providers under their terms.
6. Our intellectual property
Biltix and its licensors own all right, title, and interest in and to the Services, including all software, models, designs, and documentation. We grant you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription term, in accordance with these Terms.
If you provide feedback or suggestions about the Services, you grant Biltix a perpetual, worldwide, royalty-free license to use them without restriction.
7. Third-party services and integrations
The Services may integrate with third-party services (e.g., GC platforms, accounting systems, email providers, AI tools). Your use of those services is governed by their terms, and Biltix is not responsible for their content, availability, or practices.
8. Confidentiality
Each party will protect the other’s confidential information using the same degree of care it uses to protect its own (and no less than reasonable care), and will use it only to perform under these Terms. Confidential information does not include information that is publicly available, independently developed, or rightfully received from a third party without confidentiality obligations.
9. Privacy
Our handling of personal data is described in our Privacy Policy.
10. Warranties and disclaimers
Biltix will provide the Services with reasonable skill and care. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” AND BILTIX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AI OUTPUTS WILL BE ACCURATE.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUES, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO BILTIX IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO INDEMNIFICATION OBLIGATIONS, BREACHES OF CONFIDENTIALITY, OR EITHER PARTY’S INFRINGEMENT OF THE OTHER’S INTELLECTUAL PROPERTY.
12. Indemnification
You will defend and indemnify Biltix against any third-party claim arising from (a) Customer Data, (b) your use of the Services in violation of these Terms or applicable law, or (c) your infringement of any third-party right. Biltix will defend and indemnify you against any third-party claim that the Services, as provided by us and used in accordance with these Terms, infringe a U.S. patent, copyright, or trademark, subject to standard limitations and remedies.
13. Term and termination
These Terms remain in effect while you use the Services. Either party may terminate for material breach if the breach is not cured within 30 days of written notice. Upon termination, your right to access the Services ends and we may delete Customer Data after a reasonable wind-down period. Sections that by their nature should survive (including IP, confidentiality, disclaimers, limitation of liability, and indemnification) will survive.
14. Governing law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or related to these Terms, and each party consents to that jurisdiction.
15. Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated through the Services or by email. Continued use of the Services after the effective date of any update constitutes acceptance of the revised Terms.
16. Contact
Questions about these Terms? Email hello@biltix.ai.
See also our Privacy Policy.