Terms of Service

1.1 Binding Agreement

These Terms of Service constitute a legally binding agreement between you and BuildCaptive Inc. By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1.2 Definitions

• "Service" means the Conkoa platform and all features, including voice communication, AI translation, messaging, and related services
• "User," "You," "Your" means the individual or entity using the Service
• "Content" means all data, messages, voice recordings, files, and materials transmitted through the Service
• "Workspace" means a team or organization account on the platform

1.3 Age Requirement

You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this age requirement and have the legal capacity to enter into these Terms.

Conkoa is a voice-first AI communication platform designed for construction teams. The Service includes:

• Voice messaging and communication
• AI-powered speech-to-text transcription
• Real-time translation and multi-language support
• Team collaboration and workspace management
• Document and file sharing
• AI-powered assistance features

2.1 Service Availability

We strive to provide continuous service availability, but we do not guarantee uninterrupted or error-free operation. We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with or without notice.

2.2 Subscription Tiers

The Service is available in both free and paid subscription tiers. Features, limitations, and data usage policies may differ between tiers. Specific tier details are available on our pricing page.

3.1 Account Registration

You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.2 Account Security

• You must immediately notify us of any unauthorized access to your account
• You are responsible for all activity conducted through your account
• We are not liable for any loss or damage from unauthorized account access
• You may not share your account credentials or allow others to use your account

3.3 Workspace Accounts

For team/workspace accounts, the workspace administrator has the authority to manage members, access workspace content, and make decisions affecting the workspace. Members must comply with workspace policies set by administrators.

4.1 Fees and Payment

Paid subscription fees are billed in advance on a monthly or annual basis. You authorize us to charge your payment method for all fees incurred. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

4.2 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. We will provide at least 30 days notice of any price changes.

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. No refunds will be provided for partial billing periods.

5.2 License to BuildCaptive

You grant BuildCaptive Inc. a limited, worldwide, non-exclusive, royalty-free license to store, process, and transmit your Content solely to provide and improve the Service. We do not claim ownership of your Content.

5.3 User Responsibilities

You are solely responsible for ensuring that:

• You own or have proper rights to all Content you upload
• Your Content does not violate laws, regulations, or third-party rights
• You have authority to share business information on behalf of your organization
• Confidential information is properly marked and handled

7.1 Illegal Activity

• Any illegal, fraudulent, or malicious conduct
• Content depicting or encouraging harm to individuals or property
• Violations of applicable laws or regulations

7.2 Harmful Content

• Hate speech or discrimination based on race, gender, religion, or other protected characteristics
• Harassment, bullying, or threatening behavior
• Obscene, offensive, or inappropriate material

7.3 Security Violations

• Attempting to gain unauthorized access to systems or accounts
• Circumventing security measures or authentication mechanisms
• Distributing malware, viruses, or harmful code
• Conducting denial of service attacks

7.4 Resource Abuse

• Excessive API calls or automated scraping
• Actions that impose unreasonable load on our infrastructure
• Creating fake accounts or engaging in spam

9.1 Company Ownership

BuildCaptive Inc. owns all rights, title, and interest in the Service, including all software, technology, trademarks, logos, and branding. Nothing in these Terms transfers any ownership rights to you.

9.2 User Content Ownership

You retain all rights to your Content. We do not claim ownership of any materials you upload or create using the Service.

9.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become the property of BuildCaptive Inc. We may use this feedback without compensation or obligation to you.

11.1 Monetary Cap

To the maximum extent permitted by Ontario law, BuildCaptive Inc.'s total liability for all claims arising from or relating to the Service shall not exceed the greater of: (a) the fees you paid to us in the 12 months preceding the claim, or (b) CAD $100.

11.2 Excluded Damages

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, or consequential damages
• Lost profits, revenue, or business opportunities
• Loss of data or business information
• Cost of substitute services
• Punitive or exemplary damages

11.3 Exceptions

These limitations do not apply to liability that cannot be limited by law, including death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation.

13.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination is effective at the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your access to the Service:

• For violation of these Terms
• For non-payment of fees
• For fraudulent or illegal activity
• At our discretion with 30 days notice to paid users
• Immediately for free accounts or serious violations

13.3 Effects of Termination

Upon termination:

• You immediately lose access to the Service
• You may export your data within 30 days of termination
• We may delete your data 90 days after termination
• No refunds will be provided for prepaid fees
• Certain provisions of these Terms survive termination (liability, indemnification, etc.)

14.1 Governing Law

These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14.2 Jurisdiction

Any disputes arising from these Terms or the Service shall be resolved in the courts of Ontario, Canada. You consent to the exclusive jurisdiction of these courts.

14.3 Informal Resolution

Before filing any legal claim, you agree to contact us at legal@conkoa.ai to attempt informal resolution of the dispute. We commit to working in good faith to resolve disputes within 60 days.

15.1 Modifications to Terms

We may modify these Terms at any time. We will provide at least 30 days notice of material changes via email or in-app notification. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

15.2 Force Majeure

We are not liable for any failure to perform due to events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or third-party service failures.

15.3 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

15.4 Entire Agreement

These Terms, together with our Privacy Policy and any other policies incorporated by reference, constitute the entire agreement between you and BuildCaptive Inc. regarding the Service and supersede all prior agreements.

15.5 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect. The invalid provision will be reformed to the minimum extent necessary to make it enforceable.

15.6 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.