Beta User Agreement

This BuildState Beta User Agreement (“Beta Agreement”) is entered into between Team Technology Global, LLC, a Texas limited liability company (“TTG,” “Company,” “we,” “us,” or “our”), and the individual or entity accepting this Beta Agreement (“Beta User,” “Customer,” “you,” or “your”).

BuildState is a software product operated by Team Technology Global, LLC. BuildState is not a separate legal entity.

This Beta Agreement governs your participation in the private, limited, pilot, evaluation, preview, early-access, pre-release, or beta version of BuildState (collectively, the “Beta Service”).

This Beta Agreement supplements the BuildState Terms of Service (“Terms”). You must agree to both this Beta Agreement and the Terms to participate in the Beta Service.

If this Beta Agreement conflicts with the Terms regarding Beta Service risks, warranties, availability, data preservation, or liability, this Beta Agreement controls.

PLEASE READ THIS AGREEMENT CAREFULLY.

THE BETA SERVICE IS EXPERIMENTAL, INCOMPLETE, AND UNDER ACTIVE DEVELOPMENT. IT MAY CONTAIN SERIOUS DEFECTS. DATA MAY BE LOST, CORRUPTED, OVERWRITTEN, ALTERED, MIS-SYNCHRONIZED, OR PERMANENTLY UNAVAILABLE. YOU MUST MAINTAIN INDEPENDENT BACKUPS OF IMPORTANT INFORMATION.

Participation in the Beta Service is voluntary and limited to users approved by TTG.

TTG may accept or reject any prospective Beta User in its discretion to the extent permitted by law.

Approval to participate does not guarantee continued access.

If you participate on behalf of a company, contractor, organization, employer, partnership, or other entity, you represent and warrant that you have authority to bind that entity to this Beta Agreement.

In that circumstance, “you” includes both you and that entity.

The Beta Service is being provided for testing, evaluation, development, validation, feedback, and improvement.

It is not a finished commercial product.

The purpose of the Beta Service includes identifying defects, testing workflows, evaluating features, receiving feedback, testing infrastructure, and improving BuildState before broader commercial release.

You expressly acknowledge and agree that the Beta Service:

(a) is under active development;

(b) may contain errors, defects, vulnerabilities, or incomplete functionality;

(c) may behave unpredictably;

(d) may produce inaccurate information;

(e) may fail to save information;

(f) may incorrectly synchronize information;

(g) may become temporarily or permanently unavailable;

(h) may have limited security, backup, recovery, export, support, or redundancy functionality compared with a mature commercial product;

(i) may change without notice;

(j) may have features removed;

(k) may undergo database, architecture, workflow, interface, or infrastructure changes;

(l) may be reset;

(m) may lose compatibility with previous versions;

(n) may never become commercially available; and

(o) is used entirely subject to the risk allocation stated in this Beta Agreement.

You acknowledge that the Beta Service is not intended to be your sole or mission-critical system for running your business.

You must not rely exclusively on the Beta Service for information where loss, corruption, inaccuracy, delay, or unavailability could cause material harm.

You are responsible for determining whether particular information or workflows are appropriate for beta use.

YOU ARE RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF ALL IMPORTANT INFORMATION.

You should independently retain copies of, as applicable:

• contracts;
• plans;
• drawings;
• photographs;
• invoices;
• estimates;
• receipts;
• project records;
• customer information;
• employee information;
• financial information;
• schedules;
• communications;
• change orders;
• field records;
• compliance records; and
• other business-critical information.

BuildState should not be your sole repository for important records during beta.

To the maximum extent permitted by applicable law, you knowingly and voluntarily assume the risks associated with using pre-release software.

Those risks include:

• data loss;
• data corruption;
• incorrect data;
• duplicate data;
• missing data;
• synchronization failures;
• file corruption;
• failed uploads;
• failed downloads;
• service outages;
• feature failures;
• incorrect calculations;
• incorrect displays;
• delayed notifications;
• missed notifications;
• incorrect scheduling information;
• compatibility problems;
• security vulnerabilities;
• integration failures;
• performance degradation;
• account-access problems;
• and other errors or failures associated with experimental software.

TTG does not guarantee that data entered into the Beta Service can be recovered.

Information may be permanently lost.

Backups, if any, may be incomplete, unavailable, delayed, corrupted, or unable to restore particular information.

TTG has no obligation to reconstruct lost information manually.

TTG does not guarantee that information entered during beta will migrate to the production version of BuildState.

We may attempt to preserve or migrate data, but we do not guarantee successful migration.

We may change database structures, file formats, workflows, account structures, permissions, or other aspects of the Service in ways that affect existing Beta Data.

You are responsible for maintaining independent records regardless of any anticipated migration.

TTG may modify, pause, suspend, reset, restrict, or discontinue the Beta Service or any Beta feature at any time.

TTG does not guarantee advance notice.

We may terminate the entire beta program.

No Beta User has a contractual right to continued operation of the Beta Service.

Screens, workflows, fields, reports, project structures, permissions, scheduling systems, storage methods, APIs, integrations, mobile functionality, and other features may change materially.

A feature available today may not be available later.

Participation in beta does not guarantee that any feature will appear in the commercial product.

No uptime, availability, response-time, recovery-time, support-time, backup, performance, durability, or service-level commitment applies to the Beta Service unless TTG expressly agrees otherwise in a separate written agreement signed by an authorized representative.

The Beta Service is a software tool.

TTG and BuildState do not provide construction, architectural, engineering, safety, accounting, tax, financial, legal, employment, insurance, regulatory, or other professional advice through the Beta Service.

You remain responsible for independently verifying information and obtaining qualified professional advice where appropriate.

You remain solely responsible for your construction and business activities.

TTG has no responsibility for:

• construction quality;
• jobsite safety;
• project supervision;
• schedules;
• deadlines;
• budgets;
• estimates;
• measurements;
• material quantities;
• plans;
• specifications;
• change orders;
• permits;
• inspections;
• building-code compliance;
• contractual obligations;
• payments;
• liens;
• employee matters;
• subcontractor performance;
• vendor performance;
• customer communications; or
• other construction or business decisions.

Use of BuildState does not transfer any such responsibility to TTG.

The Beta Service may allow users to enter, organize, display, calculate, or manage financial or project-related information.

You are responsible for verifying all financial information independently.

To the maximum extent permitted by law, TTG is not responsible for financial losses arising from reliance upon inaccurate, incomplete, delayed, lost, corrupted, incorrectly calculated, or unavailable information in the Beta Service.

You must not rely solely upon BuildState notifications, schedules, reminders, alerts, task assignments, or messages for time-sensitive obligations.

Notifications may be delayed, duplicated, misdirected, or not delivered.

You remain responsible for independently tracking contractual deadlines, project deadlines, inspections, appointments, payments, legal obligations, and other time-sensitive matters.

The Beta Service depends upon third-party infrastructure and services.

Failures may occur because of hosting providers, database providers, communications providers, payment providers, analytics providers, internet providers, mobile operating systems, browsers, devices, integrations, or other third parties.

To the maximum extent permitted by law, TTG is not liable for losses resulting from failures attributable to third-party services outside TTG’s reasonable control.

TTG may implement security measures appropriate to the Beta Service, but Beta User acknowledges that beta software may present heightened security risks.

TTG does not guarantee that the Beta Service is immune from unauthorized access, vulnerabilities, attacks, bugs, data exposure, or other security events.

You must not use the Beta Service to store information that you determine requires safeguards or compliance capabilities not expressly supported by BuildState.

The BuildState Terms of Service govern ownership and licensing of Customer Data.

You retain applicable rights in information you provide, subject to the licenses necessary for TTG to operate, test, maintain, improve, troubleshoot, and secure the Beta Service.

Because the Service is in beta, TTG may collect and analyze technical information regarding use of the Beta Service, including:

• feature usage;
• performance;
• errors;
• crashes;
• device information;
• logs;
• diagnostic events;
• workflow interactions; and
• other technical and usage information, subject to applicable law and the BuildState Privacy Policy.

We may use this information to test, troubleshoot, secure, develop, and improve BuildState.

Beta User is encouraged to provide feedback.

Any ideas, suggestions, feature requests, comments, recommendations, bug reports, workflows, concepts, or other feedback provided concerning BuildState may be used by TTG without restriction or compensation.

You grant TTG a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, modify, commercialize, disclose, incorporate, and otherwise exploit Feedback.

Feedback does not transfer ownership of your Customer Data to TTG.

Unless TTG publicly releases the applicable information or expressly authorizes disclosure, nonpublic aspects of the Beta Service may constitute TTG confidential information.

This may include:

unreleased features;

• screenshots of unreleased functionality;
• roadmaps;
• technical architecture;
• security information;
• product plans;
• pricing plans;
• development information;
• nonpublic documentation; and
• other information reasonably understood to be confidential.

You agree to use such information solely for authorized beta participation and not disclose it to third parties without TTG’s permission.

You may not issue a press release or represent that TTG endorses your company, services, or business because you participate in the beta.

TTG may request permission before publicly identifying you as a beta participant or customer unless such identification is otherwise permitted by an applicable written agreement or law.

Unless TTG expressly states otherwise, participation in the Beta Service is currently provided without charge to approved Beta Users.

Free beta access creates no right to free commercial access.

TTG may later offer BuildState as a paid subscription.

Beta Users may be required to purchase a subscription to continue using BuildState after beta.

TTG makes no commitment regarding future pricing, discounts, grandfathering, functionality, or subscription terms.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BETA SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND.

TTG EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• COMPLETENESS;
• SECURITY;
• RELIABILITY;
• AVAILABILITY;
• DATA PRESERVATION;
• QUIET ENJOYMENT; AND
• ERROR-FREE OPERATION.

TTG DOES NOT WARRANT THAT DEFECTS WILL BE CORRECTED OR THAT DATA CAN BE RECOVERED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TTG AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE BETA SERVICE.

WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TTG WILL NOT BE LIABLE FOR:

• LOSS OF DATA;
• CORRUPTION OF DATA;
• LOSS OF FILES;
• LOSS OF PHOTOGRAPHS;
• LOSS OF DOCUMENTS;
• LOSS OF CONTRACTS;
• LOSS OF FINANCIAL INFORMATION;
• LOST PROFITS;
• LOST REVENUE;
• LOST BUSINESS;
• LOST OPPORTUNITIES;
• LOST CUSTOMERS;
• BUSINESS INTERRUPTION;
• PROJECT DELAYS;
• CONSTRUCTION DELAYS;
• MISSED DEADLINES;
• REWORK;
• COST OVERRUNS;
• FAILED PAYMENTS;
• MISSED PAYMENTS;
• CUSTOMER CLAIMS;
• SUBCONTRACTOR CLAIMS;
• VENDOR CLAIMS;
• EMPLOYEE CLAIMS;
• LOSS OF GOODWILL;
• COSTS OF RECREATING DATA;
• COSTS OF SUBSTITUTE SERVICES; OR
• LOSSES ARISING FROM RELIANCE UPON INFORMATION IN THE BETA SERVICE.

THIS EXCLUSION APPLIES REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF TTG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF TTG AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, AND AGENTS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE BETA SERVICE OR THIS BETA AGREEMENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

THE PARTIES ACKNOWLEDGE THAT THE BETA SERVICE IS PROVIDED WITHOUT CHARGE AND THAT THE WARRANTY DISCLAIMERS, DAMAGE EXCLUSIONS, AND LIABILITY LIMITATIONS IN THIS AGREEMENT ARE A MATERIAL BASIS UPON WHICH TTG IS WILLING TO PROVIDE FREE BETA ACCESS.

These limitations apply to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, you release TTG and its members, managers, officers, employees, contractors, affiliates, service providers, and agents from claims arising solely from risks expressly disclosed in this Beta Agreement and knowingly assumed by you, except to the extent such claims cannot lawfully be released.

Nothing in this provision waives rights or liabilities that applicable law prohibits the parties from waiving.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless TTG and its members, managers, officers, employees, contractors, affiliates, licensors, service providers, and agents from third-party claims, liabilities, losses, damages, judgments, settlements, penalties, costs, and reasonable attorneys’ fees arising from or relating to:

• your Customer Data;
• your use or misuse of the Beta Service;
• your construction projects;
• your services;
• your customers;
• your employees;
• your subcontractors;
• your vendors;
• your violation of applicable law;
• your violation of this Beta Agreement or the Terms;
• your infringement of third-party rights; or
• your failure to obtain required permissions or consents.

TTG may suspend or terminate Beta User’s participation at any time, with or without cause, to the maximum extent permitted by applicable law.

Reasons may include:

• security concerns;
• abusive behavior;
• misuse;
• excessive resource consumption;
• violations of these agreements;
• risk to the Service;
• failure to cooperate with testing requirements; or
• discontinuation of the beta program.

Because Beta access is provided without charge, TTG has no obligation to compensate Beta User for termination of Beta access.

Upon termination of beta access, you may lose access to information stored in the Beta Service.

You are responsible for maintaining independent copies before termination.

TTG does not guarantee that export functionality will always be available or that all Beta Data can be exported.

TTG may delete Beta Data following termination subject to applicable law, contractual obligations, legitimate business requirements, backup practices, and retention requirements.

Nothing in this Beta Agreement obligates TTG to:

• commercially launch BuildState;
• continue developing BuildState;
• release any particular feature;
• provide a production migration;
• provide free access;
• provide discounted access;
• maintain current functionality;
• maintain current integrations; or
• enter into a future commercial relationship with Beta User.

Beta participation does not create a partnership, joint venture, agency, fiduciary relationship, employment relationship, franchise, or other special relationship between Beta User and TTG.

Neither party may bind the other except as expressly authorized in writing.

The governing-law, informal-dispute-resolution, binding-individual-arbitration, class-action-waiver, jury-trial-waiver, and applicable venue provisions contained in the BuildState Terms of Service are incorporated into this Beta Agreement.

Those provisions apply to disputes arising from or relating to Beta participation.

Provisions relating to:

• Customer Data;
• Feedback;
• confidentiality;
• intellectual property;
• assumption of risk;
• warranty disclaimers;
• damage exclusions;
• limitation of liability;
• release;
• indemnification;
• dispute resolution; and
• other provisions that by their nature should survive

will survive termination.

Because BuildState is under active development, TTG may update this Beta Agreement.

Where required, we will provide notice of material changes and request renewed acceptance where appropriate or legally required.

This Beta Agreement and the BuildState Terms of Service constitute the agreement governing participation in the Beta Service, together with any additional written beta terms expressly agreed by the parties.

If a separately executed written agreement expressly overrides a provision of this Beta Agreement, that separately executed provision controls to the extent of the conflict.

If a provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted by law and the remaining provisions will remain in effect.

BY ACCEPTING THIS BETA AGREEMENT, YOU ACKNOWLEDGE THAT:

YOU UNDERSTAND THAT BUILDSTATE IS PRE-RELEASE SOFTWARE.

YOU UNDERSTAND THAT IT MAY CONTAIN SERIOUS ERRORS OR DEFECTS.

YOU UNDERSTAND THAT INFORMATION MAY BE LOST, CORRUPTED, ALTERED, OR BECOME UNAVAILABLE.

YOU AGREE TO MAINTAIN INDEPENDENT BACKUPS OF IMPORTANT INFORMATION.

YOU UNDERSTAND THAT TTG DOES NOT GUARANTEE UPTIME, ACCURACY, DATA PRESERVATION, OR DATA RECOVERY.

YOU UNDERSTAND THAT YOU REMAIN RESPONSIBLE FOR YOUR PROJECTS, CONSTRUCTION ACTIVITIES, FINANCES, CONTRACTS, SCHEDULES, CUSTOMERS, EMPLOYEES, SUBCONTRACTORS, AND BUSINESS DECISIONS.

YOU HAVE READ AND AGREE TO THE WARRANTY DISCLAIMERS, DAMAGE EXCLUSIONS, LIABILITY LIMITATIONS, ARBITRATION PROVISIONS, AND CLASS ACTION WAIVER APPLICABLE TO YOUR PARTICIPATION.

Questions concerning the Beta Service or this Beta Agreement may be sent to:

Team Technology Global, LLC BuildState Product Email: support@buildstate.io Website: www.buildstate.io