Terms and Conditions

Welcome to subconx.com. The subconx.com website (the "Site") is comprised of various web pages operated by SubconX LLC. subconx.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of subconx.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Site Purpose

subconx.com is a B2B SaaS / Construction Project Management Platform Site. Our website provides information about our construction management software platform for utilization by commercial contractors. The website outlines the features and value of the software and allows prospective customers to request more information or begin the procurement process. We do not offer self-service sign-ups or online purchases; all customer access is provisioned through a direct sales and implementation process managed by our internal team.

Conflict of Terms (SaaS Customers)

These Terms govern your general use of the subconx.com website. If you are an active customer utilizing the SubconX SaaS platform, your use of the software is governed exclusively by your executed Software-as-a-Service Cloud Services Agreement (the "Master Agreement"). In the event of any conflict between these website Terms and your Master Agreement (including, but not limited to, dispute resolution, liability, and indemnification), the terms of your executed Master Agreement shall strictly govern and control.

Your use of subconx.com is subject to SubconX's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting subconx.com or sending emails to SubconX constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

SubconX does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use subconx.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

subconx.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of SubconX and SubconX is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. SubconX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by SubconX of the site or any association with its operators.

Certain services made available via subconx.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the subconx.com domain, you hereby acknowledge and consent that SubconX may share such information and data with any third party with whom SubconX has a contractual relationship to provide the requested product, service or functionality on behalf of subconx.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use subconx.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to SubconX that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of SubconX or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. SubconX content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of SubconX and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of SubconX or our licensors except as expressly authorized by these Terms.

Demo Access and Evaluation Use

SubconX may provide access to a demonstration, trial, or evaluation version of its software platform (“Demo Access”). Demo Access is granted solely for the purpose of evaluating the software’s features and suitability and may not be used in a live project, for actual construction management, or in any production environment. Access is provided at SubconX’s sole discretion and may be modified, restricted, or revoked at any time without notice. All limitations, disclaimers, and intellectual property protections described in these Terms apply fully to any Demo Access. You agree not to copy, reverse engineer, export, or publicly disclose any functionality or design details encountered during a demo or trial session. SubconX makes no guarantees regarding the availability, performance, or completeness of features in any demo version.

Downloadable Resources and AI Prompts

SubconX may provide downloadable resources, including but not limited to AI prompt templates, cheat sheets, reports, calculators, guides, and forms ("Downloadable Resources"). These resources are provided strictly for educational and informational purposes and do not constitute legal, safety, financial, or professional advice. Any financial projections, ROI (Return on Investment) estimates, industry citations, or margin calculations provided in these resources are for illustrative purposes only and do not constitute a guarantee or warranty of actual financial performance, savings, or business outcomes.

If you utilize our provided AI prompts in third-party artificial intelligence platforms (including, but not limited to, ChatGPT, Claude, Gemini, or any other LLM), you acknowledge that AI can produce inaccurate, incomplete, or legally unsound outputs. SubconX has no control over these third-party platforms and assumes no liability for their outputs. You are solely responsible for independently verifying all AI-generated content for contractual validity, accuracy, and compliance with applicable regulatory standards (including safety and building codes) prior to use or execution. By using our Downloadable Resources, you agree to hold SubconX harmless from any damages, losses, or disputes arising from your reliance on these tools, the resulting AI-generated content, or any business decisions made based on our informational reports.

International Users

The Service is controlled, operated and administered by SubconX from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the SubconX Content accessed through subconx.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless SubconX, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. SubconX reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SubconX in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and SubconX agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SUBCONX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SUBCONX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SUBCONX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUBCONX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUBCONX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

SubconX reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and SubconX as a result of this agreement or use of the Site. SubconX's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of SubconX's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by SubconX with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and SubconX with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and SubconX with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

SubconX reserves the right, in its sole discretion, to change the Terms under which subconx.com is offered. The most current version of the Terms will supersede all previous versions. SubconX encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

SubconX welcomes your questions or comments regarding the Terms:

SubconX

1875 Mission St., Ste. 103

San Francisco, California 94103

Email Address: legal@subconx.com

Telephone number: (213) 674-2691

Effective as of March 3, 2025