Terms of Service

These Terms of Service govern your access to and use of the Easy Punch List website, mobile applications, web application, and related products and services, collectively referred to as the “Service.”

In these Terms, “Easy Punch List,” “we,” “us,” and “our” refer to Construction App Marketing LLC, doing business as Easy Punch List.

PLEASE READ THE TERMS OF SERVICE CAREFULLY. By creating an account, accessing, or using the Service, you agree to be bound by all these Terms and acknowledge that you have reviewed our Privacy Policy. If you do not agree to these Terms, do not access or use the Service. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE.

Easy Punch List is a construction-workflow platform designed to help supervisors, trade professionals, jobsite contacts, and other authorized project participants create, assign, manage, communicate about, and complete punch-list work.

Features may include:

• Project and jobsite management;
• Punch-list creation and assignment;
• Project contacts and team management;
• Photos, notes, comments, and chat;
• Scheduling and reminders;
• Status and progress tracking;
• Project-related notifications;
• Subscription features; and
• Related mobile and web functionality.

We may add, modify, suspend, or discontinue features from time to time.

You must be at least 18 years old and have reached the age of majority in your jurisdiction to use the Service.

By using the Service, you represent that:

• You meet these eligibility requirements;
• You have legal authority to enter into these Terms; and
• If you use the Service for a company or other organization, you have authority to bind that organization to these Terms.

Some features require an account.

You agree to:

• Provide accurate and current account information;
• Maintain and update your information;
• Protect your login credentials;
• Use your account only as authorized;
• Promptly notify us of suspected unauthorized access; and
• Accept responsibility for activity conducted through your account, except where caused by Easy Punch List's failure to use reasonable security measures.

You may not:

• Share login credentials with unauthorized persons;
• Impersonate another person or organization;
• Create an account using false or misleading information;
• Access another user's account without permission; or
• Sell, transfer, or sublicense your account.

We may require verification of your email address, mobile phone number, identity, organization, or authority to access particular projects.

Access to project information depends on a user's role, permissions, assignments, and jobsite participation.

Users may include:

• Supervisors;
• Jobsite contacts;
• Trade contacts;
• Trade contacts assigned to punch items; and
• Trade contacts who have jobsite access without a current punch assignment.

Project creators and authorized users may add contacts, assign punch items, manage permissions, and provide project access.

You understand that information you enter into a project may be visible to other authorized participants in that project.

Users may provide another person's name, email address, or phone number to:

• Add the person to a jobsite;
• Identify a homeowner, occupant, or other project contact;
• Assign punch-list or warranty work;
• Coordinate scheduling, access, repairs, or other project activity; or
• Invite the person to use Easy Punch List.

When you provide another person's contact information, you represent that:

• The information is reasonably related to a legitimate construction project, warranty matter, or business relationship;
• You are authorized or otherwise have an appropriate basis to provide it;
• You will provide access only to project participants who reasonably need the information to coordinate or perform authorized work; and
• You will not use Easy Punch List or information obtained through Easy Punch List for unlawful, deceptive, abusive, marketing, or unrelated purposes.

Contact information associated with a jobsite may be visible to supervisors, trade contacts, subcontractors, and other authorized project participants who have access to that jobsite. Users who add or invite additional project participants are responsible for ensuring that those individuals are authorized to access and use the information available through the jobsite.

Contact information obtained through Easy Punch List may be used only for legitimate project-related purposes, including scheduling, coordination, jobsite access, completion of work, and related communications. It may not be sold, used for unrelated marketing, or disclosed to individuals who are not authorized to participate in the applicable project.

Providing a contact's phone number does not by itself enroll that contact in automated Easy Punch List SMS notifications.

Easy Punch List may provide communications necessary to operate the Service, including:

• Account verification;
• Authentication and security notices;
• Billing and subscription notices;
• Free trial statuses;
• Customer-support responses;
• Project invitations;
• Assignments;
• Scheduling information;
• Project and workflow updates;
• Service announcements; and
• Legally required notices.

These communications may be delivered through the Service, in-app messages, email, push notification, or another appropriate method.

Certain account, security, billing, legal, and essential service communications may be sent regardless of optional marketing or notification preferences where permitted by law.

Automated SMS notifications are optional.

Easy Punch List sends automated SMS notifications only to registered users who have separately and affirmatively opted in through the applicable SMS consent process.

Providing a mobile phone number, creating an account, being added to a project, receiving a punch assignment, or otherwise participating in a construction project does not by itself constitute consent to receive automated SMS notifications.

7.1 SMS Opt-In

To enable SMS notifications, a user may be required to:

• Select Text messages (SMS) as an available notification method;
• Enter or confirm a mobile phone number;
• Affirmatively accept the SMS-specific consent disclosure; and
• Save the notification preference.

SMS notifications will not be enabled unless the required affirmative consent is completed.

7.2 SMS Message Types

SMS notifications may concern:

• Active construction projects;
• Assigned punch items;
• Requests for action;
• Scheduling changes;
• Reminders;
• Project coordination; and
• Workflow or status updates.

Message frequency varies based on project activity and user preferences.

Message and data rates may apply.

Reply STOP to opt out of automated SMS notifications.

Reply HELP for assistance.

Consent to receive automated SMS notifications is not a condition of using Easy Punch List.

7.3 Mobile Information

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

Easy Punch List does not sell, rent, or share mobile phone information or SMS opt-in consent data with third parties or affiliates for their marketing or promotional purposes.

Text-messaging originator opt-in data and consent will not be shared with third parties for their own messaging programs.

Service providers may process mobile information only as necessary to deliver, secure, support, or maintain Easy Punch List communications.

Additional information is available in our SMS Consent & Messaging Policy and Privacy Policy.

Easy Punch List may allow a user to open the user's own mobile-device messaging application with a prepared project invitation.

For a manual device invitation:

• Easy Punch List does not automatically send the message;
• The user controls whether to edit or send it;
• The message is sent through the user's device and messaging account; and
• The user's carrier and device messaging service may process the message.

Manual device invitations are separate from automated Easy Punch List SMS notifications.

Users are responsible for sending manual invitations only for legitimate project-related purposes.

Easy Punch List may send transactional or relationship emails concerning:

• Account activity;
• Security;
• Billing;
• Customer support;
• Projects;
• Jobsite activity;
• Assignments;
• Schedules;
• Reminders; and
• Service operation.

We may also send optional product, trial, educational, or subscription-related emails where permitted by law.

Eligible promotional or commercial emails will include an unsubscribe mechanism.

Unsubscribing from optional emails may not stop account, security, billing, legal, or essential project communications.

If you enable push notifications, Easy Punch List may send project, workflow, account, or service notifications to your device.

You may manage push permissions through:

• Easy Punch List settings, where available; and
• Your device operating-system settings.

Disabling push notifications does not necessarily stop email, in-app, or other communications.

“User Content” includes information submitted, uploaded, created, stored, transmitted, or displayed through the Service, such as:

• Punch-list items;
• Project and jobsite information;
• Contact information;
• Assignments;
• Notes;
• Comments;
• Messages;
• Schedules;
• Status updates;
• Photos;
• Documents; and
• Other project materials.

You retain ownership of your User Content.

You grant Easy Punch List a limited, non-exclusive, worldwide license to host, store, copy, process, transmit, display, and otherwise use User Content only as reasonably necessary to:

• Provide the Service;
• Make User Content available to authorized project participants;
• Process user-requested communications;
• Maintain and secure the Service;
• Provide support;
• Prevent fraud and abuse;
• Comply with law; and
• Improve the Service.

This license lasts only as long as reasonably necessary for those purposes, subject to retention requirements described in our Privacy Policy.

Uploading project content does not make it public.

You represent that:

• You own or have permission to use the User Content;
• Your User Content does not violate applicable law;
• Your User Content does not infringe the rights of others; and
• You have authority to share it with the authorized project participants who will receive access.

Easy Punch List is a workflow and communication tool. It does not independently inspect, approve, certify, supervise, or guarantee construction work.

Users remain responsible for:

• Project decisions;
• Construction quality;
• Safety;
• Code compliance;
• Inspections;
• Schedules;
• Assignments;
• Payment obligations;
• Contractual obligations;
• Determining whether work is complete; and
• Verifying the accuracy of project information.

A status shown in Easy Punch List does not constitute a professional inspection, warranty, legal approval, or certification by Easy Punch List.

You may use the Service only for lawful, legitimate construction-workflow and business purposes.

You may not:

• Violate any law or regulation;
• Use the Service for fraud or deception;
• Harass, threaten, or abuse another person;
• Submit unlawful, defamatory, obscene, or infringing material;
• Send spam, unsolicited advertising, chain messages, or unrelated promotional communications;
• Impersonate another person or organization;
• Interfere with another user's access;
• Attempt unauthorized access to accounts, systems, or data;
• Introduce malware, viruses, harmful code, or destructive content;
• Scrape or collect data through unauthorized automated means;
• Reverse engineer the Service except where applicable law expressly permits it;
• Bypass security, usage, subscription, or access controls;
• Overload or disrupt the Service;
• Use the Service to compete unlawfully with Easy Punch List;
• Resell or sublicense the Service without written authorization; or
• Use project contact information for purposes unrelated to the applicable project or legitimate business relationship.

The Service, including its software, design, interface, trademarks, logos, text, graphics, documentation, and other materials supplied by Easy Punch List, is owned by Easy Punch List or its licensors and is protected by intellectual-property laws.

Subject to these Terms, Easy Punch List grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal or internal business purposes.

This license does not permit you to:

• Copy or reproduce the Service except as authorized;
• Modify or create derivative works from the Service;
• Distribute or publicly display Service materials;
• Remove proprietary notices;
• Use Easy Punch List branding without permission;
• Sell or commercially exploit the Service; or
• Use the Service in violation of these Terms.

Third-party names and trademarks remain the property of their respective owners. Their appearance does not mean that the trademark owners sponsor or endorse Easy Punch List.

If you voluntarily provide suggestions, ideas, or feedback about the Service, you grant Easy Punch List permission to use that feedback without restriction or compensation.

This section does not transfer ownership of your private project content, photos, communications, or other User Content.

Easy Punch List may offer free access, a limited trial, usage-based trial thresholds, promotional access, or premium trial features.

The applicable trial or free-access terms may be displayed:

• During signup;
• Within the Service;
• On a subscription page; or
• At the time a trial begins.

Unless clearly disclosed otherwise, starting a free account or non-payment trial does not authorize Easy Punch List to charge you automatically.

If a trial will convert into a paid subscription, the conversion terms, price, billing frequency, and cancellation process will be disclosed before payment authorization is completed.

At the end of a trial or after a usage threshold is reached:

• Access to some features may end;
• Some features may become read-only;
• An upgrade may be required;
• The account may move to a free tier; or
• Other limits described in the Service may apply.

Easy Punch List may modify or discontinue a trial offer, subject to applicable law and any commitments already made to participating users.

Easy Punch List may offer paid subscriptions through:

• The Easy Punch List website;
• Stripe or another payment processor;
• Apple App Store; or
• Google Play.

The price, billing period, included features, and applicable taxes will be disclosed before purchase.

17.1 Automatic Renewal

Unless stated otherwise at purchase, subscriptions automatically renew at the end of each billing period until canceled.

By purchasing an automatically renewing subscription, you authorize the applicable payment provider to charge the then-current subscription fee and applicable taxes using your selected payment method.

If pricing changes, we will provide notice as required by law and applicable store rules.

17.2 Cancellation

You may cancel through the same platform or provider through which you purchased the subscription:

• Subscriptions purchased through the Easy Punch List website may be managed through the available account or billing controls;
• Apple subscriptions must generally be managed through Apple;
• Google Play subscriptions must generally be managed through Google Play.

Deleting the app or discontinuing use does not necessarily cancel a subscription.

Unless otherwise required by law or stated at purchase:

• Cancellation takes effect at the end of the current paid billing period; and
• Access to paid features may continue until that period ends.

17.3 Refunds

Purchases made through Apple or Google are subject to the applicable store's refund policies.

Direct purchases are refundable only where required by law or where Easy Punch List expressly agrees otherwise.

17.4 Failed Payments

If a payment fails, we may:

• Retry the payment;
• Request updated payment information;
• Limit paid features;
• Suspend the subscription; or
• Terminate paid access.

Prices may not include applicable taxes unless stated otherwise.

You are responsible for applicable sales, use, value-added, or similar taxes, excluding taxes based on Easy Punch List's net income.

The Service may rely on or integrate with independent services such as:

• Cloud hosting;
• Authentication;
• Payment processing;
• Email delivery;
• Push notifications;
• SMS delivery;
• App stores;
• Analytics; and
• Mapping or link services.

Those services may be governed by separate terms and privacy policies.

Easy Punch List is not responsible for an independent third party's services, availability, acts, or omissions, except to the extent required by law.

Links to external websites are provided for convenience and do not mean that Easy Punch List endorses those websites.

Our collection and use of personal information are described in the Easy Punch List Privacy Policy.

By using the Service, you acknowledge that you have reviewed the Privacy Policy.

If these Terms conflict with the Privacy Policy regarding the treatment of personal information, the Privacy Policy controls for that subject.

We work to make the Service available and reliable, but we do not guarantee uninterrupted or error-free operation.

The Service may be unavailable because of:

• Maintenance;
• Updates;
• Technical failures;
• Service-provider outages;
• Security concerns;
• Network interruptions; or
• Events beyond our reasonable control.

We may modify, suspend, restrict, or discontinue all or part of the Service.

When reasonably practical, we may provide notice of material changes that substantially affect paid users.

We may suspend, restrict, or terminate an account if we reasonably believe:

• These Terms have been violated;
• The account creates a security or legal risk;
• Fraudulent or abusive activity has occurred;
• Payment obligations remain unpaid;
• Continued access may harm users, Easy Punch List, or others; or
• Suspension is required by law.

Where appropriate, we may provide notice and an opportunity to correct the issue.

You may stop using the Service at any time and may request account closure through available account controls or by contacting us.

After account closure or termination, data may be deleted, deidentified, restricted, or retained according to:

• Our Privacy Policy;
• Legal and tax obligations;
• Security and fraud-prevention needs;
• Backup practices; and
• The rights and legitimate project-record needs of other authorized users.

Account closure may not remove project information that is also needed by other authorized project participants.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”

EASY PUNCH LIST DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE; AND
• NON-INFRINGEMENT.

EASY PUNCH LIST DOES NOT WARRANT THAT:

• THE SERVICE WILL ALWAYS BE AVAILABLE;
• THE SERVICE WILL BE ERROR-FREE;
• INFORMATION ENTERED BY USERS WILL BE ACCURATE;
• PROJECT WORK WILL BE COMPLETED CORRECTLY OR ON TIME;
• NOTIFICATIONS WILL ALWAYS BE DELIVERED; OR
• THE SERVICE WILL MEET EVERY USER'S REQUIREMENTS.

Some jurisdictions do not permit certain warranty disclaimers, so some of these limitations may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EASY PUNCH LIST AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING:

• LOST PROFITS;
• LOST REVENUE;
• LOST BUSINESS;
• LOSS OF DATA;
• PROJECT DELAYS;
• COSTS OF SUBSTITUTE SERVICES; OR
• LOSS OF GOODWILL,

ARISING FROM OR RELATING TO THE SERVICE, EVEN IF ADVISED THAT SUCH DAMAGES MAY OCCUR.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EASY PUNCH LIST'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID DIRECTLY TO EASY PUNCH LIST FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
• $100.

These limitations do not apply where liability cannot legally be limited, including where applicable for fraud, willful misconduct, or other liability that applicable law does not permit us to exclude.

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Easy Punch List and its officers, directors, employees, and agents from claims, liabilities, damages, judgments, losses, and reasonable legal expenses arising from:

• Your unlawful use of the Service;
• Your material violation of these Terms;
• Your User Content;
• Your infringement of another person's rights;
• Contact information you provide without an appropriate basis;
• Communications you send through or using the Service; or
• Your construction, project-management, contractual, or payment activities.

Easy Punch List may control the defense of a claim covered by this section, and you agree to provide reasonable cooperation.

These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles.

Subject to applicable consumer-protection laws and any jurisdiction or venue that cannot lawfully be waived, any legal proceeding arising from these Terms or the Service must be brought in the state or federal courts located in or serving Williamson County, Tennessee, and each party consents to the jurisdiction of those courts.

IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICE, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

We may update these Terms from time to time.

When we make changes, we will update the Last Updated date.

If changes are material, we may provide notice through:

• The Service;
• Email;
• An account notice; or
• Another reasonable method.

Changes apply prospectively from their effective date unless applicable law permits otherwise.

Continued use after the effective date constitutes acceptance of the updated Terms where permitted by law.

You consent to receive agreements, notices, disclosures, and other records electronically where permitted by law.

Electronic communications may be delivered through:

• The Service;
• Email;
• An account page; or
• Another electronic method you have authorized.

You may retain copies of electronic communications for your records.

You may not assign or transfer these Terms or your account without our prior written consent.

Easy Punch List may assign these Terms in connection with:

• A merger;
• Acquisition;
• Reorganization;
• Financing;
• Transfer of the Service; or
• Sale of substantially all relevant assets.

Easy Punch List is not responsible for delay or failure caused by circumstances beyond its reasonable control, including:

• Natural disasters;
• Severe weather;
• Fire;
• War;
• Terrorism;
• Civil unrest;
• Labor disruptions;
• Utility or network failures;
• Governmental action;
• Epidemics or pandemics;
• Service-provider failures; or
• Widespread internet or telecommunications outages.

If a provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary or removed, and the remaining provisions will continue in effect.

Failure to enforce a provision of these Terms does not waive our right to enforce it later.

These Terms do not create an employment, agency, partnership, fiduciary, franchise, or joint-venture relationship between you and Easy Punch List.

These Terms, together with the Privacy Policy, SMS Consent & Messaging Policy, applicable subscription disclosures, and any additional terms expressly presented for a feature or purchase, constitute the agreement between you and Easy Punch List concerning the Service.

If additional terms conflict with these Terms, the additional terms control only for the specific feature or transaction they govern.