Legal Terms of Service
Terms of Service
The rules for using Construct Pro. Plain words first; the numbered sections are the contract.
1. The agreement
These Terms of Service (“Terms”) govern your access to and use of Construct Pro, including its web application, mobile web app, APIs, and SMS intake (together, the “Service”), operated by Dialogica Solutions (“we”, “us”). By using the Service you agree to these Terms and our Privacy Policy. If you use the Service on behalf of an organization, you represent that you are authorized to bind that organization, and “you” means both you and your organization.
2. The service
Construct Pro is an equipment and maintenance operations platform: telematics-backed equipment records, maintenance queues and scheduling, work-order capture (including by SMS photo intake), and related operational tooling. We may improve, update, or modify the Service over time; material reductions to paid functionality will be communicated to customer organizations.
3. Accounts & authorization
Access is provisioned through a customer organization. Keep your credentials confidential and tell us promptly about unauthorized use. You are responsible for activity under your account. Organizations administer their members' access, roles, and removal.
4. Acceptable use
Don't:
- use the Service for anything unlawful, or to infringe anyone's rights;
- interfere with or overload the Service (scraping, automated abuse, bypassing rate limits);
- upload malicious code or attempt to access data, accounts, or systems that aren't yours;
- submit content that is defamatory, harassing, or that you know to be false where others rely on it operationally.
We may suspend accounts that create legal risk or disrupt the Service, with notice where practical.
5. Customer data
You retain ownership of the operational data your organization submits. You grant us the limited right to host, process, and transmit that data to provide the Service. Your organization controls its workspace, including export and deletion. We use data as described in the Privacy Policy.
6. SMS intake
Texting a maintenance issue to a Construct Pro intake number submits a work request to your organization's queue. SMS use is governed additionally by our SMS Terms & Opt-Out Notice, which explain how to stop receiving messages at any time. Your carrier's message and data rates apply.
7. Third-party services
The Service relies on third-party infrastructure and integrations (including cloud hosting, authentication, database, messaging, and equipment-telematics providers). Those providers' terms also apply to the extent you use their services directly, and we're not responsible for their actions.
8. Availability
We work to keep the Service available but don't guarantee uninterrupted operation. We may perform maintenance, and uptime commitments (if any) are set in your organization's subscription agreement, which controls over these Terms on conflict.
9. Disclaimers & liability
The Service is provided “as is” without warranties of any kind, except those that can't be disclaimed by law. Construct Pro is an operational record-keeping and coordination tool — not a safety system, and not a substitute for equipment inspection or qualified judgment. To the maximum extent permitted by law, we're not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or data; our aggregate liability is limited to the amounts you paid us in the twelve months before the claim (or fifty U.S. dollars if nothing was paid). Nothing limits liability that cannot be limited by law.
10. Term & termination
You may stop using the Service at any time. We may suspend or terminate access for material breach (with notice where practical) or at your organization's subscription end. On termination, your organization can request an export of its data; we may delete data after a reasonable archival period.
11. Changes to terms
We may update these Terms. The effective date above always reflects the current version; material changes will be announced to customer organizations. Continuing to use the Service after a change means you accept the updated Terms.
12. General
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-laws rules; disputes will be resolved in the courts of that state, except that either party may seek injunctive relief for intellectual-property or confidentiality harm. If any provision is unenforceable, the rest remain in force. No waiver of any term is a waiver of any other.
13. Contact
Questions about these Terms: support@construct-pro.net.