SMARTBUILD SYSTEMS – TERMS OF SERVICE

Last Updated: July 1. 2026

Welcome to SmartBuild Systems LLC (“SmartBuild,” “Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our software, website, applications, and related services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not access or use the Services.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding contract to use the Services. If you are using the Services on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Services

SmartBuild provides cloud-based building design, estimating, and bidding software for post-frame, metal building, roofing, and wall construction. The Services include:

• 2D and 3D building design tools

• Material takeoff and pricing tools

•Project documentation and drawing generation

• Roofing and wall measurement and bidding tools through SurfaceBid

• Integration features and APIs (if applicable)

• Customer support and related services

• Access to the SmartBuild web application at https://postframesolver.azurewebsites.net

• Access to the SmartBuild Systems website at https://smartbuildsystems.com

We reserve the right to modify, update, or discontinue any part of the Services at any time.

3. Account Registration

To access certain features, you must create an account.

You agree to:

• Provide accurate and complete information

• Maintain the security of your login credentials

• Promptly update account information as needed

• Accept responsibility for all activity under your account

You must notify us immediately of any unauthorized access or security breach.

These Terms apply to all users who access the SmartBuild web application or SurfaceBid, including paid trial users who do not have a signed contract.

4. Subscription and Payment

4.1 Fees

Access to certain Services requires payment of subscription fees. Pricing, billing terms, and payment schedules are provided at the time of purchase or in your subscription agreement.

4.2 Billing

You authorize SmartBuild to charge your designated payment method for all applicable fees. Fees are non-refundable except as required by law or as expressly stated in a written agreement.

4.3 Renewals

Subscriptions automatically renew unless canceled before the renewal date.

4.4 Taxes

You are responsible for all applicable taxes associated with your subscription.

Paid trial users are subject to the same billing and renewal terms unless otherwise stated at the time of purchase.

5. Acceptable Use

You agree not to:

• Use the Services for unlawful purposes

• Reverse engineer, decompile, or attempt to extract source code

• Copy, reproduce, or resell the Services without authorization

• Interfere with the security or performance of the platform

• Upload malicious code or harmful content

• Use the Services to infringe intellectual property rights

We reserve the right to suspend or terminate accounts that violate these Terms.

6. Intellectual Property

All software, content, trademarks, logos, designs, and materials provided through the Services are owned by SmartBuild Systems or its licensors and are protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes during your subscription period.

You retain ownership of any content, building designs, bids, or project data you create using the Services (“User Content”). By using the Services, you grant SmartBuild a limited license to host, store, and process your User Content solely to provide the Services.

7. Data and Privacy

Your use of the Services is governed by our Privacy Policy, which explains how we collect, use, and protect your information. This includes use of the SmartBuild Systems website, the SmartBuild web application, and SurfaceBid.

Paid trial users and contracted customers are both subject to the Privacy Policy.

You are responsible for ensuring that any data you upload complies with applicable laws and regulations.

8. SMS Communications

By providing your phone number to SmartBuild Systems, you consent to receive SMS messages related to your account, customer support, and service notifications. Message frequency may vary. Message and data rates may apply. You may opt out at any time by replying STOP. For assistance, reply HELP or contact us at support@smartbuildsystems.com. We do not sell or share your mobile number with third parties for marketing purposes.

9. Disclaimers

The Services are provided “as is” and “as available” without warranties of any kind, whether express or implied.

SmartBuild does not warrant that:

• The Services will be uninterrupted or error-free

• The software will meet your specific business requirements

• Generated designs, bids, or documentation will comply with all local codes or engineering standards

You are responsible for reviewing and verifying all designs, calculations, bids, and documents prior to construction or use.

10. Limitation of Liability

To the maximum extent permitted by law:

SmartBuild shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities.

Our total liability for any claim arising out of or relating to the Services shall not exceed the amount paid by you to SmartBuild in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless SmartBuild Systems, its officers, employees, affiliates, and partners from any claims, damages, liabilities, and expenses arising out of:

• Your use of the Services • Your violation of these Terms • Your User Content • Your violation of applicable laws or third-party rights

12. Termination

You may cancel your subscription at any time in accordance with your subscription agreement.

We may suspend or terminate your access to the Services if:

• You breach these Terms

• Payment is overdue

• Required by law

Upon termination, your access to the Services may be disabled, and we may delete your account data in accordance with our data retention policies.

For contracted SmartBuild customers, the signed Master Service Agreement (MSA) supersedes these Terms. In the event of any conflict between these Terms and the MSA, the MSA will control.

13. Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide notice by updating the effective date or through the Services.

Continued use of the Services after changes become effective constitutes acceptance of the revised Terms.