Terms of Service

These Terms of Service (“Agreement”) constitute a legally binding contract between DeckBuild LLC, a Michigan limited liability company (“DeckBuild,” “we,” “us,” or “our”), and the individual or business entity accessing or using the DeckBuild platform (“Customer,” “you,” or “your”). By creating an account or using the Service in any way, you agree to be bound by this Agreement. If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization.

1. Definitions

1.1 “Service” Refers to the DeckBuild software-as-a-service platform, including all features, tools, AI-powered functionality, updates, and improvements made available by DeckBuild.

1.2 “Account” The registered account created by a Customer to access and use the Service.

1.3 “Authorized User”Any individual granted access to the Service under a Customer's Account, including employees, contractors, and team members of the Customer's organization.

1.4 “Customer Data” All information, content, and materials submitted by Customer or its Authorized Users through the Service, including deck designs and drawings, material takeoff lists, client and contact information, photos and file attachments, and pricing or cost data.

1.5 “AI-Generated Output”Any content, result, calculation, estimate, or suggestion produced by the Service's artificial intelligence features, including structural calculations and material cost estimates.

1.6 “Subscription” A paid plan granting Customer access to the Service for a defined period, as specified in the applicable Order Form or checkout process.

1.7 “Order Form” Any online checkout page, pricing page, or ordering document through which Customer purchases a Subscription or usage-based access to the Service.

1.8 “Intellectual Property Rights” All patents, copyrights, trademarks, trade secrets, know-how, and other intellectual property rights recognized in any jurisdiction worldwide.

2. The Service

2.1 Access Grant.Subject to Customer's compliance with this Agreement and timely payment of applicable fees, DeckBuild grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the applicable Subscription Term, solely for Customer's internal business purposes.

2.2 Authorized Users. Customer may grant access to Authorized Users up to the seat limit specified in the applicable Order Form. Customer is responsible for all activity that occurs under its Account and for ensuring that all Authorized Users comply with this Agreement. Customer shall promptly notify DeckBuild of any unauthorized access or suspected security breach.

2.3 Free Trial.DeckBuild may offer a free trial period (currently fourteen (14) days, subject to change at DeckBuild's discretion) during which Customer may access the Service at no charge. At the end of the trial period, Customer must purchase a Subscription to continue using the Service. DeckBuild reserves the right to modify or discontinue free trials at any time.

2.4 Usage Restrictions. Customer shall not, and shall not permit any Authorized User or third party to:

• Sublicense, resell, rent, lease, transfer, or otherwise make the Service available to any third party outside of Customer's organization;
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
• Copy, modify, or create derivative works of the Service or any component thereof;
• Access the Service for the purpose of building a competitive product or service, or benchmarking against a competitive product;
• Use automated scripts, crawlers, bots, or scraping tools to extract content from the Service without DeckBuild's prior written consent;
• Remove or obscure any proprietary notices or labels on the Service;
• Use the Service to transmit unlawful, infringing, threatening, abusive, or otherwise objectionable content;
• Interfere with or disrupt the integrity, performance, or availability of the Service or any underlying infrastructure;
• Use the Service in violation of any applicable local, state, federal, or international law or regulation.

2.5 Suspension. DeckBuild may suspend access to the Service for any Account or Authorized User that violates this Agreement, poses a security risk, or disrupts the Service for others. Suspension does not relieve Customer of any payment obligations. DeckBuild will make reasonable efforts to notify Customer prior to suspension except where immediate action is necessary.

2.6 Modifications to the Service.DeckBuild reserves the right to modify, update, or discontinue features of the Service at any time. DeckBuild will make reasonable efforts to notify Customers of material changes. Customer's continued use of the Service following any such modification constitutes acceptance of the change.

3. AI-Generated Output and Professional Disclaimer

3.1 Nature of AI Output. The Service uses artificial intelligence to assist users with structural calculations, material cost estimates, and related design tasks. All AI-Generated Output is provided for informational and planning purposes only. AI-Generated Output is not a substitute for the judgment of a licensed professional.

3.2 Not a Licensed Engineering Service. DECKBUILD IS NOT A LICENSED ENGINEERING FIRM. AI-GENERATED OUTPUT, INCLUDING ANY STRUCTURAL CALCULATIONS OR LOAD ESTIMATES, DOES NOT CONSTITUTE STAMPED OR CERTIFIED ENGINEERING DOCUMENTS AND HAS NOT BEEN REVIEWED, SEALED, OR APPROVED BY A LICENSED PROFESSIONAL ENGINEER. CUSTOMER IS SOLELY RESPONSIBLE FOR OBTAINING INDEPENDENT REVIEW BY A LICENSED STRUCTURAL ENGINEER OR OTHER QUALIFIED PROFESSIONAL BEFORE RELYING ON ANY AI-GENERATED OUTPUT FOR CONSTRUCTION, PERMITTING, OR ANY OTHER PURPOSE WHERE PROFESSIONAL CERTIFICATION IS REQUIRED.

3.3 No Guarantee of Accuracy. DeckBuild makes no representations or warranties regarding the accuracy, completeness, or fitness for any particular purpose of AI-Generated Output. Material cost estimates are approximations based on available data and may not reflect current market pricing, local availability, or project-specific conditions. Customer assumes all risk associated with reliance on AI-Generated Output.

3.4 Ownership of AI-Generated Output.As between DeckBuild and Customer, Customer owns all right, title, and interest in and to the AI-Generated Output produced through Customer's use of the Service. DeckBuild claims no ownership rights in such output.

4. Customer Data

4.1 Customer Ownership. Customer retains all right, title, and interest in and to Customer Data. DeckBuild does not claim any ownership over Customer Data.

4.2 License to DeckBuild. Customer grants DeckBuild a limited, worldwide, non-exclusive, royalty-free license to access, store, process, and display Customer Data solely as necessary to: (a) provide and operate the Service; (b) prevent or address technical or security issues; (c) respond to Customer support requests; and (d) comply with legal obligations or respond to Customer instructions.

4.3 Anonymized Data.DeckBuild may collect and use aggregated, anonymized, and de-identified data derived from Customer's use of the Service for the purpose of improving the Service, developing new features, and generating industry benchmarks. Such data will not identify Customer or any individual user.

4.4 Data Protection. DeckBuild will implement and maintain industry-standard administrative, technical, and organizational safeguards designed to protect the confidentiality, integrity, and availability of Customer Data against unauthorized access, disclosure, alteration, or destruction.

4.5 Sensitive Information.Customer agrees not to submit through the Service any information subject to heightened regulatory requirements, including but not limited to: protected health information under HIPAA, payment card data subject to PCI-DSS, Social Security numbers, government-issued identification numbers, or any data regulated under applicable data protection laws as “sensitive” personal information.

4.6 Customer Responsibilities. Customer warrants that it has obtained all necessary rights, consents, and permissions required to submit Customer Data to the Service and to grant DeckBuild the license described in Section 4.2. Customer is solely responsible for the accuracy, quality, and legality of Customer Data.

5. Fees and Payment

5.1 Subscription Fees. Customer agrees to pay all fees specified in the applicable Order Form. All fees are stated in U.S. dollars. Fees are due in advance for monthly and annual Subscription plans. For usage-based billing, fees are calculated and charged at the end of each billing cycle based on actual usage. Payment is processed through Stripe. By providing payment information, Customer authorizes DeckBuild to charge the applicable fees to the designated payment method.

5.2 Auto-Renewal. Subscriptions automatically renew at the end of each Subscription Term at the then-current pricing unless Customer cancels before the renewal date. Customer may cancel at any time by accessing Account settings or contacting support@deckbuild.ai. Cancellation takes effect at the end of the then-current Subscription Term; no refunds are issued for unused portions of a prepaid period.

5.3 Fee Changes.DeckBuild reserves the right to adjust pricing at any time. For existing Customers on monthly plans, pricing changes take effect at the next renewal following thirty (30) days' notice. For annual plan Customers, changes take effect at the next annual renewal.

5.4 Taxes.All fees are exclusive of applicable taxes. Customer is responsible for all sales, use, value-added, and similar taxes imposed by any governmental authority in connection with Customer's use of the Service, excluding taxes based on DeckBuild's net income.

5.5 Late Payment. Overdue amounts accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. DeckBuild reserves the right to suspend access to the Service for accounts with overdue balances, in addition to any other available remedies.

5.6 No Contingency.Customer's purchase of a Subscription is not contingent upon the delivery of any future feature, functionality, or enhancement, whether communicated publicly or privately by DeckBuild.

6. Intellectual Property Rights

6.1 DeckBuild Ownership. DeckBuild owns and retains all right, title, and interest in and to the Service, including all underlying software, algorithms, AI models, databases, interfaces, documentation, and all Intellectual Property Rights therein. This Agreement does not transfer any ownership rights in the Service to Customer.

6.2 Feedback.If Customer or any Authorized User provides DeckBuild with suggestions, ideas, enhancement requests, or other feedback regarding the Service (“Feedback”), Customer grants DeckBuild an irrevocable, perpetual, worldwide, royalty-free license to use, implement, modify, and commercialize such Feedback without restriction or obligation to Customer. Customer acknowledges that DeckBuild is under no obligation to act on any Feedback.

6.3 Trademarks.Neither party may use the other party's trademarks, logos, or trade names without prior written consent, except that DeckBuild may identify Customer as a user of the Service in its marketing materials. Customer may revoke this permission at any time by providing written notice to DeckBuild.

7. Confidentiality

7.1 Definition.“Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure. Customer Data is Customer's Confidential Information. The Service, pricing, and technical documentation are DeckBuild's Confidential Information.

7.2 Obligations.Each party agrees to: (a) hold the other party's Confidential Information in strict confidence using at least the same degree of care used for its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without the disclosing party's prior written consent; and (c) use Confidential Information solely for the purposes of performing under this Agreement.

7.3 Exceptions. Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of Confidential Information; or (d) is lawfully received from a third party without restriction.

7.4 Compelled Disclosure. If either party is required by law or legal process to disclose Confidential Information, that party shall provide the other with prompt written notice (to the extent legally permitted) so that the disclosing party may seek appropriate protective relief. The receiving party shall disclose only the minimum amount of Confidential Information legally required.

8. Warranties and Disclaimers

8.1 Mutual Warranties. Each party represents and warrants that: (a) it has full authority to enter into this Agreement; (b) this Agreement constitutes a binding legal obligation enforceable against it; and (c) its performance under this Agreement does not conflict with any other agreement or obligation.

8.2 Customer Warranties.Customer additionally warrants that: (a) all identifying and billing information provided to DeckBuild is accurate and current; (b) Customer has obtained all necessary consents from Authorized Users for the collection and processing of personal data through the Service; and (c) Customer's submission and use of Customer Data complies with all applicable laws.

8.3 Disclaimer of Warranties.EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE AND ALL AI-GENERATED OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. DECKBUILD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. DECKBUILD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED. CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH ITS USE OF THE SERVICE AND RELIANCE ON AI-GENERATED OUTPUT.

9. Indemnification

9.1 By Customer.Customer shall indemnify, defend, and hold harmless DeckBuild and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's breach of this Agreement; (b) Customer's or any Authorized User's use of the Service in violation of applicable law; (c) any claim that Customer Data infringes or misappropriates any third-party right; or (d) Customer's reliance on AI-Generated Output without independent professional verification.

9.2 By DeckBuild.DeckBuild shall indemnify, defend, and hold harmless Customer from and against third-party claims alleging that the Service, as provided by DeckBuild and used in accordance with this Agreement, infringes any copyright, trademark, or trade secret right of a third party. This obligation does not apply to claims arising from: (a) Customer's modification of the Service; (b) Customer's combination of the Service with third-party products or data not approved by DeckBuild; or (c) Customer's use of the Service other than as permitted under this Agreement.

9.3 Process. The party seeking indemnification must: (a) provide prompt written notice of the claim; (b) grant the indemnifying party sole control over the defense and settlement; and (c) cooperate reasonably in the defense. The indemnifying party may not settle any claim that imposes liability or obligations on the indemnified party without prior written consent.

10. Limitation of Liability

10.1 Use at Your Own Risk.YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. DECKBUILD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

10.2 Calculations, Measurements, and Structural Outputs.THE SERVICE MAY GENERATE STRUCTURAL CALCULATIONS, MATERIAL QUANTITY ESTIMATES, MEASUREMENTS, TAKEOFF DATA, AND OTHER DESIGN-RELATED OUTPUTS. WHILE DECKBUILD STRIVES TO PRODUCE RELIABLE RESULTS, WE CANNOT GUARANTEE THE ACCURACY, COMPLETENESS, OR PRECISION OF ANY SUCH OUTPUTS. INACCURACIES IN CALCULATIONS OR MEASUREMENTS MAY RESULT IN MATERIAL WASTE, FINANCIAL LOSS, STRUCTURAL DEFICIENCIES, SAFETY HAZARDS, OR OTHER DAMAGES. BY USING THE SERVICE, CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT: (A) ALL CALCULATIONS, STRUCTURAL ESTIMATES, AND MATERIAL TAKEOFFS ARE GENERATED FOR PLANNING AND REFERENCE PURPOSES ONLY; (B) DECKBUILD SHALL NOT BE LIABLE FOR ANY ERRORS, INACCURACIES, OR OMISSIONS IN ANY OUTPUT PRODUCED BY THE SERVICE; AND (C) IT IS CUSTOMER'S SOLE RESPONSIBILITY TO INDEPENDENTLY VERIFY ALL OUTPUTS, CALCULATIONS, AND MEASUREMENTS BEFORE RELYING ON THEM FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO CONSTRUCTION, PERMITTING, MATERIAL PROCUREMENT, OR CLIENT DELIVERABLES.

10.3 No Liability for Improper Structural Plans. DECKBUILD IS NOT A LICENSED ENGINEERING FIRM AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM THE USE OF ANY STRUCTURAL PLANS, LOAD CALCULATIONS, OR ENGINEERING-RELATED OUTPUTS GENERATED BY THE SERVICE. DECKBUILD AND ITS MEMBERS, MANAGERS, EMPLOYEES, PARTNERS, AGENTS, AND AFFILIATES SHALL NOT BE HELD LEGALLY RESPONSIBLE FOR ANY CLAIM, DAMAGE, INJURY, LOSS, OR LIABILITY OF ANY KIND ARISING FROM OR RELATED TO: (A) RELIANCE ON STRUCTURALLY INADEQUATE OR INCORRECT PLANS PRODUCED USING THE SERVICE; (B) FAILURE TO OBTAIN INDEPENDENT REVIEW BY A LICENSED STRUCTURAL ENGINEER OR OTHER QUALIFIED PROFESSIONAL; (C) ANY CONSTRUCTION PERFORMED IN RELIANCE ON SERVICE OUTPUTS WITHOUT APPROPRIATE PROFESSIONAL VERIFICATION; OR (D) PERMIT APPLICATIONS, INSPECTIONS, OR REGULATORY COMPLIANCE EFFORTS BASED ON SERVICE-GENERATED DOCUMENTATION. CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ALL STRUCTURAL AND ENGINEERING DECISIONS MADE IN CONNECTION WITH ITS USE OF THE SERVICE.

10.4 Exclusion of Consequential Damages.IN NO EVENT SHALL DECKBUILD OR ITS MEMBERS, MANAGERS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, MATERIAL WASTE, BUSINESS INTERRUPTION, PERSONAL INJURY, PROPERTY DAMAGE, OR COST OF SUBSTITUTE SERVICES, ARISING FROM OR RELATED TO CUSTOMER'S ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE OR ANY OUTPUT THEREOF, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF DECKBUILD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.5 Cap on Liability.EXCEPT FOR A PARTY'S INDEMNIFICATION OBLIGATIONS AND EITHER PARTY'S BREACH OF SECTION 7 (CONFIDENTIALITY), IN NO EVENT SHALL DECKBUILD'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES PAID BY CUSTOMER TO DECKBUILD IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00). THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT EXPAND THIS LIMIT.

10.6 Sole Remedy.Customer's sole and exclusive remedy for dissatisfaction with the Service or any breach of this Agreement by DeckBuild is to terminate this Agreement and discontinue use of the Service. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages; in such jurisdictions, DeckBuild's liability is limited to the maximum extent permitted by applicable law.

11. Term and Termination

11.1 Term. This Agreement commences on the date Customer first creates an Account or accepts these Terms and continues until the applicable Subscription has expired or been terminated.

11.2 Termination for Cause. Either party may terminate this Agreement upon written notice if the other party: (a) materially breaches this Agreement and fails to cure such breach within twenty (20) days following written notice; or (b) becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to insolvency proceedings not dismissed within sixty (60) days. Breaches of Section 2.4 (Usage Restrictions) are grounds for immediate termination upon notice.

11.3 Termination by Customer. Customer may cancel its Subscription at any time through Account settings or by contacting support@deckbuild.com. Cancellation takes effect at the end of the then-current billing cycle. No refund is provided for unused time in a prepaid period.

11.4 Effect of Termination.Upon expiration or termination: (a) all rights and licenses granted to Customer immediately terminate; (b) Customer must cease all use of the Service; and (c) DeckBuild may deactivate Customer's Account. Customer Data will be retained for thirty (30) days following termination, during which Customer may request an export. After that period, DeckBuild may delete Customer Data in accordance with its data retention policies.

11.5 Survival. The following sections survive termination: Section 1 (Definitions), Section 2.4 (Usage Restrictions), Section 3.2 (Engineering Disclaimer), Section 4.1 (Customer Ownership), Section 5 (Fees and Payment, for amounts accrued), Section 6 (Intellectual Property Rights), Section 7 (Confidentiality), Section 8.3 (Disclaimer of Warranties), Section 9 (Indemnification), Section 10 (Limitation of Liability), and Section 12 (Miscellaneous).

12. Miscellaneous

12.1 Governing Law; Venue. This Agreement is governed by the laws of the State of Michigan, without regard to its conflict of law principles. Any dispute arising under this Agreement shall be resolved exclusively in the state or federal courts located in Wayne County, Michigan, and each party consents to personal jurisdiction in those courts.

12.2 Modifications to Terms.DeckBuild may update this Agreement at any time by posting the revised version on the DeckBuild website or notifying Customer by email. The updated Agreement becomes effective upon posting or as otherwise stated in the notice. Customer's continued use of the Service after the effective date constitutes acceptance of the revised terms. DeckBuild recommends that Customer review this Agreement periodically.

12.3 Assignment.Neither party may assign this Agreement or any rights hereunder without the other party's prior written consent, except that either party may assign this Agreement without consent in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee is not a direct competitor of the non-assigning party. Any attempted assignment in violation of this section is void.

12.4 Third-Party Services.The Service may integrate with or rely upon third-party services, including Stripe for payment processing and Supabase for data infrastructure. Use of such third-party services is subject to the applicable third-party's terms of service. DeckBuild disclaims all liability for the acts, omissions, or failures of third-party service providers.

12.5 Force Majeure. DeckBuild is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including natural disasters, acts of government, internet outages, cyberattacks, or failures of third-party hosting infrastructure. DeckBuild will use commercially reasonable efforts to mitigate the impact of such events and resume performance as soon as practicable.

12.6 Notices. Legal notices to DeckBuild should be sent to legal@deckbuild.com or to the registered address of DeckBuild LLC. DeckBuild may provide notices to Customer via email to the address on file, in-app notification, or by posting on the DeckBuild website. Email notices are deemed effective upon transmission.

12.7 Severability; No Waiver.If any provision of this Agreement is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. DeckBuild's failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

12.8 Entire Agreement. This Agreement, together with any applicable Order Form, constitutes the entire agreement between the parties regarding the Service and supersedes all prior or contemporaneous agreements, representations, or understandings, whether written or oral. No terms contained in any Customer purchase order or other Customer documentation shall be incorporated into or modify this Agreement unless expressly agreed to in writing by DeckBuild.

12.9 Relationship of the Parties. The parties are independent contractors. This Agreement does not create any partnership, joint venture, agency, franchise, or employment relationship. Neither party has the authority to bind the other party to any obligation.

12.10 Contact. Questions about these Terms may be directed to: support@deckbuild.com