Terms of Service

These Terms of Service (the “Terms”) govern access to and use of the ZonePillar construction management platform (the “Service”), operated by Techforge Solutions LLC, doing business as ZonePillar (“ZonePillar”, “we”, or “us”). They form a binding agreement between ZonePillar and the organization that subscribes to the Service (“Customer” or “you”).

1.Agreement and Acceptance

By creating an account, accepting an invitation to an organization, or using the Service, you accept these Terms on behalf of your organization and represent that you are authorized to do so. If you do not agree, do not use the Service.

Where ZonePillar and Customer have signed a Master Services Agreement, that agreement governs and expressly supersedes these Terms for that Customer.

Each organization invited onto the Service by another organization accepts these Terms in its own right before it can access any shared data. See section 14.

2.The Service, Plans, and Order Forms

ZonePillar grants Customer a non-exclusive, non-transferable right to access and use the Service during the subscription term, for Customer’s internal business purposes, subject to these Terms and to the plan, seat counts, and add-ons selected at purchase or set out in an Order Form.

Customer is responsible for its users’ conduct, for the accuracy of data entered into the Service, and for maintaining the confidentiality of account credentials. Customer will not resell the Service, use it to build a competing product, or circumvent seat or usage limits.

3.Fees, Billing, and Price Changes

Fees are those shown on the published plan page or stated in an Order Form, and are billed in advance. Seat overages are billed at the then-current per-seat rate. Fees are exclusive of taxes, which Customer is responsible for other than taxes on ZonePillar’s income.

Price changes

ZonePillar may change subscription pricing with at least 60 days’ notice. Price changes apply at renewal only and never mid-term. Because the notice period exceeds the notice required to decline renewal, Customer always has time to act on a price change before it takes effect.

Price changes do not take effect through an update to these Terms. Price, term, and seat counts live on the plan page or in the Order Form.

Excluded from any price commitment

Seat additions, add-on purchases, AI token purchases, and third-party pass-through costs (including per-seat viewer licenses, payroll and project-management integrations, and AI inference) are not subject to any price cap that may be agreed. AI token pricing tracks third-party model provider pricing that ZonePillar does not control and may be adjusted on 30 days’ notice.

4.AI Tokens

AI features are metered in prepaid tokens, sold subject to a minimum purchase. Tokens are a consumable and are not “Fees” for the purposes of any price commitment.

• Token purchases are non-refundable.
• Tokens are non-transferable between organizations.
• Tokens expire 12 months after purchase.
• Any unused token balance is forfeited on termination of the subscription.

5.Refunds and Cancellation

Except as set out below, fees are non-refundable and subscriptions are non-cancelable for the paid term.

• Customer terminates for ZonePillar’s uncured material breach: pro-rata refund of prepaid, unused fees.
• ZonePillar terminates for convenience (for example, on discontinuing a product line): pro-rata refund of prepaid, unused fees.
• Customer terminates for convenience: no refund.
• Availability shortfall: service credits only, per section 8. Never cash.

A mid-term reduction in seats or add-ons takes effect at the next renewal. It does not generate a refund or an account credit.

Any promotional refund window offered to new self-serve customers is described on our published refund policy page and is not part of these Terms.

6.AI Features

The Service includes generally available features that use machine learning to generate content, including task trees, schedules, document drafts, and assistance with RFIs and submittals (“AI Output”).

Accuracy

AI Output is machine-generated and may be inaccurate, incomplete, or inconsistent. Customer is solely responsible for reviewing and verifying all AI Output before relying on it.

No professional advice

AI Output does not constitute engineering, architectural, legal, accounting, or safety advice, and is not a substitute for review and approval by a licensed professional. Customer must not rely on AI Output as the basis for construction, structural, mechanical, electrical, life-safety, or compliance decisions without independent professional review.

Warranties and availability

AI Output is provided without warranty of any kind and is excluded from the availability commitment in section 8.

Ownership

As between the parties, Customer owns its inputs and the AI Output generated from them. AI Output is not necessarily unique, and similar output may be generated for other customers.

Training

ZonePillar does not use Customer Data to train foundation models, and our model providers are contractually restricted from doing so. [to be confirmed against our provider account configuration before these Terms go final.]

Model changes

ZonePillar may change the underlying models or model providers at any time without notice, provided the Service continues to perform materially as described.

Acceptable use

Customer’s use of AI features is subject to the acceptable use policies of our model providers, which flow down through these Terms. Customer will not use AI Output to train competing models or resell AI Output as a standalone service.

7.Beta and Preview Features

Features identified in the Service as “Beta” or “Preview” are provided as is, with no availability commitment, no support commitment, and no warranty, and may be modified or discontinued at any time. The label shown in the Service determines which features these are.

8.Availability and Support

ZonePillar will use commercially reasonable efforts to keep the Service available and publishes operational status for the Service.

Service level (Pro and Enterprise plans)

For Customers on Pro or Enterprise plans, ZonePillar targets 99.5% monthly uptime. If monthly uptime falls below that target, Customer may request a credit against that month’s fee:

• Below 99.5% — 10% of that month’s fee
• Below 99.0% — 25% of that month’s fee
• Below 95.0% — 50% of that month’s fee

Credits are capped at 100% of one month’s fees, must be requested within 30 days of the end of the affected month, and are Customer’s sole and exclusive remedy for any failure to meet the availability target. ZonePillar’s monitoring is authoritative for measurement.

Exclusions

Uptime measurement excludes:

• scheduled maintenance within a published window;
• force majeure;
• Customer networks, devices, configuration, or third-party services Customer connects;
• all third-party dependencies, including document viewer licensors, payroll and project-management integrations, payment processing, and AI model providers; and
• AI features and the search and indexing pipeline, whose availability depends on third-party model providers.

Support is provided at the level associated with Customer’s plan.

9.Security and Compliance

ZonePillar maintains an information security program consistent with industry standards, including encryption in transit and at rest, role-based access control, audit logging, and least-privilege access.

ZonePillar does not currently hold SOC 2, ISO 27001, or other third-party security certification, and makes no representation that it does.

The Service is hosted in the United States. A current list of sub-processors is available on request, and ZonePillar will give at least 30 days’ notice before adding a sub-processor. Customer may object on reasonable, documented security grounds; if the objection cannot be resolved, Customer may terminate and receive a pro-rata refund of prepaid fees.

10.Customer Data, Export, and Deletion

As between the parties, Customer owns all data, drawings, specifications, photographs, and other content it or its users submit to the Service (“Customer Data”). ZonePillar processes Customer Data to provide the Service.

Export

Customer may export Customer Data throughout the subscription term using the Service’s standard export functionality and formats, and for 30 days after termination. Migration into a custom format is available as a paid professional service and is not included.

Deletion

ZonePillar will delete or anonymize Customer Data within 60 days after the export window closes, except for backups that age out on normal rotation, data retained to meet legal, tax, or audit obligations, and aggregated, de-identified data. Written certification of deletion is available on request.

Suspension is not deletion. Suspension for non-payment preserves Customer Data. Deletion follows termination and the close of the export window.

11.Worker Location Data and Employment Compliance

The Service offers location-based clock-in and geofencing, which process precise geolocation of Customer’s workers. These features are enabled at Customer’s election.

Customer represents that it has provided all notices and obtained all consents required by law from each worker whose location is processed, and that its use of location and time-tracking features complies with applicable employment, privacy, and wage-and-hour law. Customer will indemnify ZonePillar against claims arising from its failure to do so, in accordance with section 15.

12.No Professional Advice; Not a System of Record

The Service is a tool for planning, coordination, and recordkeeping. It is not a compliance system, and ZonePillar does not provide engineering, architectural, legal, accounting, or safety advice.

Customer remains solely responsible for compliance with labor and wage-and-hour law, prevailing-wage requirements, OSHA and other safety recordkeeping, licensure, permitting, and the accuracy of payroll data derived from the Service. Output of the Service — including schedules, quantities, task breakdowns, and time records — must be reviewed by Customer before use.

13.Third-Party Services and Components

The Service integrates with, and passes through licensed components from, third parties, including document viewer licensors, payroll providers, project-management platforms, payment processors, and AI model providers. ZonePillar is not responsible for the availability, accuracy, security, pricing, or API changes of any third-party service, and access to a third-party service may require Customer’s own agreement or licence with that provider.

14.Multi-Party Connections

The Service allows one organization to connect with another — for example, a general contractor connecting a subcontractor or an engineer — and to transmit project data between them.

• The inviting organization decides what to share and is responsible for that decision, including its rights to share the data and any obligations owed to third parties.
• Each invited organization accepts these Terms in its own right before it can access shared data.
• On severing a connection, access to previously shared data ends prospectively; data already delivered to the other organization remains subject to that organization’s own agreement with ZonePillar.
• ZonePillar acts as a conduit for transmitted data and does not verify or adjudicate its content.

15.Intellectual Property and Indemnification

ZonePillar retains all right, title, and interest in the Service, including all software, models, and documentation. Customer retains all right, title, and interest in Customer Data.

ZonePillar’s indemnity

ZonePillar will defend Customer against third-party claims that the Service, as provided by ZonePillar and used in accordance with these Terms, infringes a United States patent, copyright, trademark, or trade secret, and will pay damages finally awarded or agreed in settlement. This obligation does not apply to claims arising from:

1. Customer Data or other materials supplied by Customer;
2. AI Output;
3. combination of the Service with products or services not provided by ZonePillar;
4. modifications not made by ZonePillar;
5. continued use after notice to stop, or use of a superseded version;
6. third-party licensed components for which Customer holds its own licence; or
7. open-source components.

ZonePillar may, at its option, procure the right for Customer to continue using the Service, modify or replace the affected functionality so it is non-infringing, or terminate the affected subscription and refund prepaid, unused fees. This section states ZonePillar’s entire liability and Customer’s exclusive remedy for intellectual property infringement.

Customer’s indemnity

Customer will defend and indemnify ZonePillar against claims arising from:

1. Customer Data that infringes or misappropriates third-party rights;
2. Customer’s use of the Service in violation of law, including the worker notice and consent obligations in section 11; and
3. disputes with third parties that Customer invited onto the Service, arising from what Customer chose to share with them.

Conditions

Indemnification is conditioned on prompt written notice, sole control of the defense and settlement by the indemnifying party, and reasonable cooperation from the other party.

16.Limitation of Liability

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data, even if advised of the possibility.

Each party’s total aggregate liability arising out of or relating to these Terms is limited to the fees paid or payable by Customer in the 12 months preceding the claim, except:

• claims arising from a security incident involving Customer Data, and claims under the intellectual property indemnity in section 15, are limited to two times that amount; and
• there is no limit on liability for fraud, willful misconduct, gross negligence, death or bodily injury, damage to tangible property, or Customer’s obligation to pay fees.

These limits apply in the aggregate across all claims and all Order Forms, and amounts paid under any exception count toward the total. Any carve-out for breach of confidentiality is limited to intentional or willful misuse of Confidential Information; claims arising from a security incident involving Customer Data are governed by this section and are not subject to a confidentiality carve-out.

These limitations apply notwithstanding the failure of any limited remedy of its essential purpose.

17.Publicity

ZonePillar may identify Customer by name and logo in customer lists and on its website, used in accordance with Customer’s trademark guidelines. Customer may opt out at any time by emailing legal@zonepillar.com. These rights end when the agreement ends, subject to a reasonable wind-down for materials already produced. Press releases require both parties’ consent.

18.Term, Suspension, and Termination

Subscriptions run for the term selected at purchase and renew automatically for successive terms unless either party gives notice of non-renewal before the current term ends.

Either party may terminate for the other’s material breach that remains uncured 30 days after written notice. ZonePillar may suspend access for non-payment or for use that threatens the security or integrity of the Service, after reasonable notice where practicable.

On termination, Customer’s right to use the Service ends, the export window in section 10 opens, and any unused AI token balance is forfeited. Sections 5, 6, 10, 12, 15, 16, and 20 survive.

19.Changes to These Terms

ZonePillar may update these Terms. Updates apply prospectively only and never to disputes already accrued. For material changes, ZonePillar will give at least 30 days’ notice by email and in-app notice before they take effect.

If a material change is adverse to Customer, Customer may terminate within 30 days of the notice and receive a pro-rata refund of prepaid, unused fees.

The limitation of liability in section 16 will not be changed retroactively for claims that have already accrued. Each version of these Terms is archived at a stable URL and identified by version number. This is version 1.0.

20.Order of Precedence and General

In the event of conflict, the order of precedence is: Order Form, then a signed Master Services Agreement, then these Terms, then policies referenced in them.

No purchase order terms. Terms contained in a Customer purchase order, vendor portal, or procurement click-through do not bind ZonePillar, regardless of any language to the contrary and regardless of whether ZonePillar has accepted the purchase order.

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws rules. [Governing law and venue to be confirmed by counsel.]

If any provision is held unenforceable, the rest remains in effect. Neither party may assign these Terms without the other’s consent, except in connection with a merger or sale of substantially all assets. These Terms, together with any Order Form and referenced policies, are the entire agreement between the parties on this subject.

Contact

Techforge Solutions LLC d/b/a ZonePillar
8466-B Tyco Rd, Vienna, VA 22182
legal@zonepillar.com

See also our Privacy Policy.