Terms of Service

These Terms of Service constitute a legally binding agreement between you and BuildCaptive Inc. ("we," "us," or "our"), governing your access to and use of the Conkoa platform. By creating an account or using any part of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

"Service" refers to the Conkoa platform, including all features, applications, and services provided by BuildCaptive Inc. "User" means any individual who creates an account or accesses the Service. "Content" means any data, text, voice recordings, files, or other materials uploaded, created, or shared through the Service. "Workspace" means a collaborative environment within the Service where teams communicate and share information.

Conkoa is a voice-first AI platform designed for construction teams, providing features including but not limited to: voice messaging, transcription, translation, collaboration tools, and file sharing. The Service is provided "as is" and "as available" without guarantees of continuous, uninterrupted, or secure operation. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.

To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account. Workspace administrators have the authority to manage access to workspaces, invite or remove team members, and control content visibility within their workspace.

Paid subscriptions are billed on a monthly or annual basis in advance. Payment is due at the beginning of each billing period and is non-refundable except as required by law. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings. We reserve the right to change our pricing with at least 30 days advance notice. Price changes will take effect at the start of your next billing period after the notice period. No refunds will be provided for partial billing periods, downtime, or unused portions of the Service.

You retain full ownership of all Content you create, upload, or share through the Service, including voice messages, text, files, and documents. By using the Service, you grant us a limited, worldwide, non-exclusive, royalty-free license to store, process, and transmit your Content solely for the purpose of providing and improving the Service. This license terminates when you delete your Content or close your account, except for Content you have shared with others that they have chosen to retain.

Voice data transmitted through the Service is encrypted both in transit and at rest. Voice recordings may be processed by third-party AI service providers for transcription and translation purposes. AI-generated transcriptions and translations are provided for convenience and may contain errors. For safety-critical communications in construction environments, we strongly recommend verification by qualified professional translators. Paid subscription users' data is not used to train AI models. Free tier users' anonymized data may be used to improve AI services, with all personally identifiable information removed. You may opt out of data usage for AI training at any time in your account settings.

You agree not to use the Service to: • Violate any applicable laws or regulations • Infringe upon intellectual property rights of others • Transmit harmful, threatening, abusive, or hateful content • Harass, intimidate, or harm other users • Upload malicious software, viruses, or malware • Attempt to gain unauthorized access to the Service or other users' accounts • Interfere with or disrupt the Service or servers • Use automated systems to access the Service without permission • Impersonate any person or entity • Collect or harvest data from other users without consent Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account. Reporting Objectionable Content: If you encounter content that violates this Acceptable Use Policy or that you believe is objectionable, illegal, or harmful, please report it immediately to compliance@conkoa.ai. We will investigate all reports and take appropriate action, which may include content removal and account suspension or termination.

Conkoa is a communication and collaboration tool only and is not intended to replace required safety equipment, protocols, or procedures. Users in construction environments must continue to follow all applicable OSHA regulations, workplace safety requirements, and organizational safety protocols. The Service should not be relied upon as a substitute for proper safety measures. Communication quality may vary in construction environments due to noise, network conditions, and equipment limitations. Users should verify critical safety information through multiple communication channels.

The Service, including its design, features, software, and branding, is owned by BuildCaptive Inc. and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purposes. This license does not grant you any ownership rights to the Service. User-generated Content remains the property of its creators. Any feedback, suggestions, or ideas you provide regarding the Service become the property of BuildCaptive Inc. and may be used without compensation or attribution.

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, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT: • The Service will be uninterrupted, secure, or error-free • Defects will be corrected • The Service is free from viruses or harmful components • Results obtained from the Service will be accurate or reliable • AI transcriptions or translations will be completely accurate Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDCAPTIVE INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) CAD $100. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

You agree to indemnify, defend, and hold harmless BuildCaptive Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or in any way connected with: • Your access to or use of the Service • Your Content or any Content posted through your account • Your violation of these Terms • Your violation of any rights of another person or entity • Any misuse of your account by you or any third party

You may cancel your account at any time through your account settings. Cancellation is effective at the end of your current billing period. We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for: • Violation of these Terms • Non-payment of fees • Fraudulent, abusive, or illegal activity • Any reason we determine, in our sole discretion, is necessary to protect the Service or other users Upon termination, your right to access the Service will immediately cease. You will have 30 days to export your Content before it is permanently deleted from our servers.

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be resolved exclusively in the courts located in Ontario, Canada. You consent to the personal jurisdiction of such courts. Before filing any legal action, you agree to first attempt to resolve the dispute informally by contacting us at legal@conkoa.ai. We will attempt to resolve the dispute informally within 60 days.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

Force Majeure: We shall not be liable for any failure to perform our obligations under these Terms due to circumstances beyond our reasonable control. Assignment: We may assign our rights and obligations under these Terms without your consent. You may not assign these Terms without our prior written consent. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and BuildCaptive Inc. regarding the Service.

For questions about these Terms, please contact us at: Email: legal@conkoa.ai Support: support@conkoa.ai Address: 75 McKean Dr, Stouffville ON Canada L4A 4V9