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Terms of Service

Effective Date: January 1, 2025

Governing Law: State of Texas

Document ID: BBT-LEGAL-2025-001

By accessing, registering for, or using BuildBase TX in any capacity, you agree to be bound by these Terms in their entirety. If you do not agree, do not use this service.

1. Acceptance

By accessing or using the BuildBase TX platform in any capacity — including browsing, registering, starting a free trial, or maintaining an active subscription — you agree to be bound by these Terms. If you are acting on behalf of a business, you represent that you have authority to bind that entity. These Terms may be updated at any time; continued use constitutes acceptance.

2. What BuildBase TX Is (And Is Not)

BuildBase TX aggregates and reconciles data from multiple public sources, including but not limited to:

  • Texas Accessibility Standards (TAS) registrations filed with the Texas Department of Licensing and Regulation (TDLR) under Texas Government Code, Chapter 469;
  • Texas Department of Housing and Community Affairs (TDHCA) records, including Low-Income Housing Tax Credit (LIHTC) program data;
  • Federal HUD housing program records; and
  • Public financing records, including Public Facility Corporation (PFC), economic development corporation (EDC), and similar publicly backed development activity.

BuildBase TX is not a municipal permit database, county appraisal roll, MLS system, or comprehensive record of all Texas construction activity. Coverage depends on what each underlying public source requires, collects, and publishes.

3. Statutory Data Exclusions (TDLR TAS Coverage)

The following exclusions apply specifically to projects tracked through TDLR TAS registrations. Projects may appear from other public sources (for example, LIHTC applications) before, without, or in addition to a corresponding TDLR filing.

3.1 The $50,000 Threshold

Under Texas Government Code § 469.101, only projects with an estimated cost of $50,000 or more are required to register for TAS review. Projects below this threshold are not present in TDLR TAS records. Their absence from TDLR-based coverage is a legal requirement, not a data gap.

3.2 Private Residences

Private single-family homes and private duplexes are not “public accommodations” or “commercial facilities” under the ADA and are outside the scope of Texas Government Code § 469.003(a). They are legally exempt from TAS registration. Their absence from TDLR TAS coverage is absolute and by operation of law.

3.3 Mixed-Use Residential Portions

Per Texas Government Code § 469.003(d), TDLR considers only the nonresidential portion of mixed-use buildings. BuildBase TX reflects only that nonresidential scope for TDLR-sourced records. Residential units within a mixed-use project may not appear as separate TDLR filings.

3.4 Acknowledgment

By subscribing, you acknowledge actual notice of all statutory exclusions above as they apply to TDLR TAS coverage. The absence of statutorily exempt projects from TDLR records does not constitute missing, incomplete, or deficient data and is not grounds for any claim, refund, or dispute.

4. Data Accuracy, Tags, and Classifications

4.1 Project Tags (LIHTC, HUD, PCF, and Similar)

BuildBase TX applies funding and program tags — including but not limited to Low-Income Housing Tax Credit (LIHTC), HUD-assisted, and Public Construction Funding (PCF) designations — based on information available in public filings and affiliated data sources at the time of ingestion.

Tags that are present in the Platform are applied in good faith and are accurate to the best of our ability at the time of data processing. However:

  • BuildBase TX does not guarantee that every project that qualifies for a given tag will have that tag. A qualifying project may lack a tag due to a data gap, processing lag, or the absence of that information in the underlying public filing.
  • The absence of a tag does not mean a project does not qualify for that program. Subscribers must independently verify program participation directly with the relevant agency, developer, or public records.
  • BuildBase TX is not liable for any missed project, missed lead, or missed opportunity resulting from the absence of a tag on a project that should have had one.

4.2 Project Category Classifications

Projects are categorized (e.g., multifamily, commercial, industrial, institutional) based on information in public filings. BuildBase TX does not warrant that every project is classified in the category a Subscriber would expect.

If a project is miscategorized or appears under an unexpected category:

  • BuildBase TX is not liable for that misclassification;
  • BuildBase TX is not liable for any decision, investment, bid, or action taken or not taken based on a project's displayed category; and
  • Misclassification does not constitute grounds for a refund, credit, or dispute.

4.3 Data Currency

Data reflects public records at time of ingestion. There may be delays between a filing or publication in an underlying source and its appearance in the Platform. Project details (cost, contacts, timeline) reflect source submissions and may not match final as-built conditions. BuildBase TX does not independently verify source-submitted data.

Important: BuildBase TX is a data intelligence tool, not a verification service. Always independently confirm project details before making any business decision.

5. No Liability for Business Decisions

BuildBase TX provides data and intelligence tools to assist Subscribers in identifying construction activity. BuildBase TX is not liable for any investment decision, bid, contract, purchase, loss of profit, loss of business, or any other business outcome arising from a Subscriber's use of or reliance on Platform data, regardless of whether that data was accurate, inaccurate, complete, incomplete, correctly tagged, or missing a tag.

Subscribers bear sole and complete responsibility for all business decisions made using the Platform. BuildBase TX makes no warranty that the data will result in business opportunities, successful bids, or profitable outcomes.

6. Disclaimer of Warranties

The Platform and all data are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement. BuildBase TX does not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.

7. Limitation of Liability

To the maximum extent permitted by applicable law, BuildBase TX's total liability for any claim arising out of or related to these Terms or the Platform shall not exceed the total subscription fees paid by Subscriber in the three (3) months preceding the claim. In no event shall BuildBase TX be liable for any indirect, incidental, consequential, special, or punitive damages, including lost profits, lost revenue, or lost data, even if advised of the possibility of such damages.

8. Subscriptions, Billing, and Refunds

8.1 Auto-Renewal

Subscriptions renew automatically at the end of each billing period at the then-current rate. You authorize BuildBase TX to charge your payment method on file.

8.2 Free Trials

If you do not cancel before a free trial ends, it converts to a paid subscription and your payment method is charged.

8.3 Refunds

Monthly subscriptions: no refunds for partial periods. Annual subscriptions: refund requests within 7 days of initial purchase are evaluated case-by-case; no refunds after 7 days.

8.4 Non-Qualifying Grounds

The following are not grounds for a refund, credit, or payment dispute:

  • Absence of private residences, duplexes, or sub-$50K projects (statutory exclusions);
  • A project missing a tag it should have had (LIHTC, HUD, PCF, or other);
  • A project appearing under an incorrect category or classification;
  • Any business loss, missed opportunity, or failed investment based on Platform data;
  • Data delays between public record publication and Platform appearance;
  • Change in Subscriber's business needs after subscription activation.
Initiating a credit card chargeback for any reason listed in Section 8.4 constitutes a material breach of these Terms. BuildBase TX reserves the right to contest the chargeback, immediately terminate the account, and pursue all available legal remedies including recovery of fees and attorneys' fees.

9. Permitted Use

Subscribers receive a limited, non-exclusive, non-transferable license to use the Platform for internal business purposes only. You may not resell, sublicense, or share Platform access or data; scrape or bulk-download data; use data to build a competing product; or share login credentials outside your licensed seat count.

10. Indemnification

You agree to indemnify and hold harmless BuildBase TX and its officers, employees, and agents from any claims, losses, damages, or expenses (including attorneys' fees) arising from your use of the Platform, your breach of these Terms, or any decision you make based on Platform data.

11. Dispute Resolution

Mandatory Arbitration. All disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, governed by Texas law, seated in Travis County, Texas.

Class Action Waiver. All claims must be brought individually. You waive any right to participate in a class action or class-wide arbitration.

Time Limit. Any claim must be filed within one (1) year of when it arose or is permanently barred.

12. General

These Terms are the entire agreement between you and BuildBase TX on this subject. If any provision is unenforceable, the rest remains in effect. Failure to enforce any provision is not a waiver. BuildBase TX may assign these Terms freely; you may not. Sections 4, 5, 6, 7, 8.4, 10, and 11 survive termination.

Contact

Legal: legal@buildbasetx.com · Support: support@buildbasetx.com

BuildBase TX · BBT-LEGAL-2025-001 · Effective January 1, 2025 · © BuildBase TX. All Rights Reserved.