Terms of Service

By creating an account, accessing, or using Constructipay's Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

Constructipay provides a cloud-based platform for managing construction payment workflows, including:

• Contract creation and management
• Payment cycle tracking and automation
• Payment application submission and processing
• Payment notice and pay less notice generation
• Invoice creation and management
• Document storage and PDF generation
• Deadline tracking and notifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

To use our Service, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that your account information remains accurate and up-to-date

You may not share your account credentials with others or use another user's account. We reserve the right to suspend or terminate accounts that violate these Terms.

You agree not to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any malicious code, viruses, or harmful data
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers connected to the Service
• Use the Service for any fraudulent, illegal, or unauthorized purpose
• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove any copyright, trademark, or other proprietary notices from the Service

Our Service is provided on a subscription basis. By subscribing, you agree to:

• Pay all fees associated with your subscription plan
• Provide accurate billing and payment information
• Authorize us to charge your payment method for subscription fees
• Understand that subscription fees are billed in advance on a recurring basis

Subscription fees are non-refundable except as required by law or as otherwise stated in our refund policy. We reserve the right to change our pricing with reasonable notice. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

The Service, including its design, features, functionality, and content, is owned by Constructipay and protected by intellectual property laws. You acknowledge that:

• All rights, title, and interest in the Service remain with Constructipay
• You are granted a limited, non-exclusive, non-transferable license to use the Service
• You retain ownership of any data, documents, or content you upload to the Service
• You grant us a license to use, store, and process your content to provide the Service

You are solely responsible for any content, data, or materials you upload, submit, or transmit through the Service ("User Content"). You represent and warrant that:

• You own or have the necessary rights to all User Content
• User Content does not violate any laws or third-party rights
• User Content is accurate and not misleading
• User Content does not contain confidential information of third parties without authorization

We reserve the right to remove any User Content that violates these Terms or is otherwise objectionable, without prior notice.

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy. We implement reasonable security measures to protect your data, but cannot guarantee absolute security.

The Privacy Policy governs our processing of your personal data. Data that has been irreversibly anonymised and aggregated so that you cannot reasonably be identified from it is no longer personal data under the UK GDPR. You agree that Constructipay may use, retain, combine, and commercially exploit such anonymised and aggregated data derived from your use of the Service for any lawful business purpose, including benchmarking, analytics, market research, and licensing of insights or datasets to third parties. This use does not affect your rights in respect of your personal data, which remain as set out in the Privacy Policy.

We strive to provide reliable and continuous access to the Service, but we do not guarantee that the Service will be available at all times. The Service may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control. We are not liable for any damages resulting from Service unavailability.

To the maximum extent permitted by law:

• The Service is provided on an "as is" and "as available" basis in respect of the general operation and availability of the software platform itself
• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose, save for those that cannot be excluded under applicable law
• The Service provides tools and information to assist you with managing construction payment workflows; it does not constitute legal, financial, or professional advice and is not a substitute for guidance from a qualified solicitor, accountant, or other professional adviser
• Constructipay does not warrant or guarantee that your use of the Service will achieve, or ensure, compliance with the Housing Grants, Construction and Regeneration Act 1996 (as amended), the Scheme for Construction Contracts, or any other statute, regulation, or contractual requirement; you remain solely responsible for your own legal and contractual compliance
• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Subject to the paragraph below, our total aggregate liability arising out of or in connection with the Service shall not exceed the total amount you paid us in the 12 months preceding the event giving rise to the claim
• Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law

You agree to indemnify, defend, and hold harmless Constructipay and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any rights of another party.

Either party may terminate your access to the Service at any time:

• You may cancel your subscription at any time through your account settings
• We may suspend or terminate your account if you violate these Terms
• We may discontinue the Service with reasonable notice

Upon termination, your right to use the Service will immediately cease. We may delete your account and data after a reasonable retention period, subject to our legal obligations.

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

If you have any questions about these Terms, please contact us: