Terms of Service

1. Acceptance of Terms

Welcome to Contracting.App, operated by Custom Kleins LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Contracting.App platform, including our website at contracting.app, mobile applications, APIs, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years of age.
You must have the legal authority to enter into binding contracts.
If using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.
You must provide accurate and complete registration information.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing your name, email address, and additional professional information. You may also register using third-party authentication providers (e.g., Google Sign-In).

3.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials.
Securing your Ethereum wallet private keys. We do not store private keys and cannot recover them.
All activities that occur under your account.
Notifying us immediately of any unauthorized access to your account.

We strongly recommend enabling multi-factor authentication (MFA) for enhanced security.

3.3 Account Termination

You may deactivate your account at any time by contacting us. We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or remain inactive for an extended period.

4. Description of Service

Contracting.App is a construction project management platform that provides:

Project Management: Construction project tracking, task management, Gantt scheduling, and resource allocation.
Contract Management: Contract creation, negotiation, execution, and lifecycle management.
Payment Processing: eCheck generation, milestone-based payments, split payments, and joint checks.
Blockchain Integration: Smart contract execution, immutable audit trails, and on-chain transaction recording on supported blockchain networks.
Compliance: Lien waiver management, change order tracking, insurance verification, and regulatory compliance tools.
Communication: Messaging, document sharing, and collaboration tools between project participants.

5. Blockchain and Smart Contracts

5.1 Immutability

Transactions recorded on the blockchain are permanent and irreversible. Once a smart contract transaction is executed and confirmed on-chain, it cannot be modified, reversed, or deleted. You acknowledge and accept this fundamental characteristic of blockchain technology.

5.2 Gas Fees and Transaction Costs

Blockchain transactions may incur network fees ("gas fees") that are paid to network validators, not to us. These fees are non-refundable and vary based on network congestion.

5.3 Wallet Responsibility

You are solely responsible for the security of your blockchain wallet and private keys. We cannot recover lost or stolen private keys, reverse unauthorized transactions, or restore access to compromised wallets.

5.4 Smart Contract Risks

While our smart contracts are designed and tested with care, you acknowledge that smart contracts may contain bugs or vulnerabilities. You use blockchain features at your own risk.

6. User Conduct

You agree not to:

Use the Service for any illegal purpose or in violation of any laws or regulations.
Provide false, misleading, or fraudulent information in contracts, payment requests, or compliance documents.
Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure.
Interfere with or disrupt the Service, servers, or networks connected to the Service.
Reverse-engineer, decompile, or disassemble any part of the Service.
Use automated scripts, bots, or scrapers to access the Service without our express written permission.
Circumvent rate limits, security measures, or access controls.
Transmit malware, viruses, or other harmful code.
Harass, abuse, or threaten other users.

7. Payment Terms

7.1 Platform Fees

Certain features of the Service may require a subscription or incur transaction fees. Current pricing is available on our website. We reserve the right to change pricing with 30 days' notice.

7.2 Payment Processing

The Service facilitates payments between construction parties (contractors, subcontractors, clients). We act as a technology platform and are not a party to the underlying construction contracts or financial agreements between users.

7.3 Disputes Between Users

Payment disputes between users are resolved through the platform's dispute resolution tools. We may facilitate but do not arbitrate disputes. Users remain responsible for resolving contractual disagreements.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its design, features, code, trademarks, and content, is owned by Custom Kleins LLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our written consent.

8.2 Your Content

You retain ownership of content you create or upload to the Service (contracts, documents, project data). By uploading content, you grant us a limited, non-exclusive license to store, process, and display that content as necessary to provide the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOM KLEINS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

9.3 Blockchain Disclaimer

We are not responsible for losses resulting from blockchain network failures, smart contract vulnerabilities, wallet compromises, or fluctuations in cryptocurrency values. Blockchain technology carries inherent risks that you accept by using these features.

10. Indemnification

You agree to indemnify, defend, and hold harmless Custom Kleins LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Service.
Your violation of these Terms.
Your violation of any third-party rights.
Content you create, upload, or transmit through the Service.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State in which Custom Kleins LLC is incorporated, without regard to conflict-of-law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.