Terms of Service

JACK App Inc., United States and Canada

Effective date: 1 August 2026

Contents

  1. Definitions
  2. The Service and your license
  3. Availability, maintenance and backups
  4. Accounts and Authorized Users
  5. Customer Data and privacy roles
  6. Support login access
  7. Onboarding, implementation and data migration
  8. Subscriptions, fees and payment
  9. Term and termination
  10. Confidentiality
  11. Security
  12. Intellectual property
  13. Third-party services, AI features and construction responsibilities
  14. Warranties and disclaimers
  15. Limitation of liability
  16. Indemnification
  17. Dispute resolution, arbitration and class-action waiver
  18. Governing law and venue
  19. General
  20. United States and Canada: key differences
  21. Contact

These Terms of Service (the “Terms”), together with any order or subscription selection you make (each an “Order”), form a binding agreement (the “Agreement”) between JACK App Inc. (“JACK App”, “we”, “us” or “our”) and you, the customer named in the Order (“Customer”, “you” or “your”). By accessing or using the JACK App platform and related services (the “Service”), you agree to these Terms. If you accept on behalf of an organization, you confirm you have authority to bind it. Our Privacy Policy forms part of this Agreement.

1. Definitions

~Authorized User means a person you allow to use the Service under your subscription, including staff, subcontractors and collaborators.

~Customer Data means all data and content you or your Authorized Users submit to or create in the Service.

~Service means a person you allow to use the Service under your subscription, including staff, subcontractors, collaborators, clients of builders (for example homeowners given portal access), mobile app users and safety users.

~Subscription means your paid right to use the Service for the applicable billing period.

~Subscription Fees means all fees payable for your Subscription, including base, per-user and add-on fees.

2. The Service and your license

Subject to these Terms and payment of Subscription Fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service during your Subscription for your internal business purposes.

Usage restrictions

You must not, and must not allow any Authorized User to:

~make the Service available to anyone other than Authorized Users;

~resell, sublicense, rent, lease or otherwise commercially exploit the Service;

~reverse engineer or attempt to derive source code, except as allowed by law;

~use the Service to build or benchmark a competing product;

~share login credentials or use one account for multiple people;

~scrape or extract data using automated tools without our written permission; or

~upload unlawful, infringing or harmful material, or violate any law.

Suspension

We may suspend access if you breach these Terms, pose a security risk, or fail to pay.

3. Availability, maintenance and backups

Availability and changes

We aim to keep the Service available, but we do not guarantee that it will be uninterrupted, error-free or available at any particular time. The Service may be unavailable because of maintenance, updates, third-party services, internet or infrastructure failures, security events, or circumstances beyond our reasonable control.

We may modify, replace or discontinue features from time to time. Where a change would materially reduce the core functionality of a paid Subscription, we will give reasonable notice where practicable.

Unless we expressly agree otherwise in a separate written service-level agreement, no uptime, response-time, restoration-time or service-credit commitment applies.

Customer backups

We use reasonable measures intended to protect and maintain Customer Data, but the Service is not a substitute for your own recordkeeping and backups. You are responsible for keeping independent copies of Customer Data and documents that are important, legally required or needed for business continuity.

4. Accounts and Authorized Users

You are responsible for all activity under your account, including by your Authorized Users, and for making sure they comply with these Terms. Your administrators control users, permissions and data visibility, including access you grant to client and subcontractor users.

5. Customer Data and privacy roles

You decide what Customer Data is submitted to the Service, and you are responsible for ensuring that you may lawfully collect, use and provide that data to us.

To the extent Customer Data contains personal information, you are the business or controller for that information, and JACK App acts as your service provider or processor when handling it to provide the Service. We process Customer Data only:

~to provide, maintain, secure, support and improve the Service;

~on your documented instructions;

~as permitted by this Agreement; or

~where required by law.

You are responsible for giving any required privacy notices, obtaining any required consents, and responding to requests from individuals about their personal information in Customer Data. We may use subcontractors to process Customer Data, provided they are bound by appropriate confidentiality and data protection obligations.

6. Support login access

The Service includes an optional Support Access feature that lets our implementation, training and support staff sign in to your account to help you. Support Access is enabled by default and you can disable or re-enable it at any time in your account settings.

We use Support Access only for onboarding and setup, training, and support and troubleshooting. We do not export your data, access your account for purposes you have not asked us to help with, or use Support Access for marketing, advertising, data mining or profiling.

Support Access may be provided by our staff located overseas, including support and implementation staff in the Philippines engaged through an agency, who are bound by confidentiality and data protection obligations.

###7. Onboarding, implementation and data migration

At your request we may help you set up the Service and import or migrate data from your existing systems (“Implementation Services”). To do this you may give us data and, if you choose, login access to your current software. You represent that you are authorized to provide that data and access and that you hold any consents required from the individuals involved.

Implementation Services may be free or chargeable depending on scope, as told to you in advance. They are provided for convenience and do not expand our other obligations. You remain responsible for the accuracy, completeness and legality of the data you provide, and for reviewing imported data promptly. We use commercially reasonable efforts to follow your instructions but do not warrant that imports will be error-free or complete. Except to the extent caused by our willful misconduct or gross negligence, and subject to the liability limits in this Agreement, we are not liable for loss or corruption of data arising from Implementation Services.

8. Subscriptions, fees and payment

Fees (United States and Canada)

Current prices are in U.S. dollars and are shown before tax:

~JACK App (one seat): $299 per month

~Additional user, full web access: $18 per month

~Additional user, mobile only: $8 per month

Canadian customers are billed in U.S. dollars. Applicable Canadian taxes (GST, HST or QST) may be added.

Additional users, taxes, renewal, changes and cancellation

~You may add Authorized Users at any time at the then-current rates.

~Prices exclude taxes. You are responsible for all applicable sales, use, GST, HST or similar taxes, except taxes on our net income.

~Subscriptions renew automatically each billing period unless you cancel. You may cancel at any time, effective at the end of the current period.

~We may change fees with reasonable prior notice, effective from your next billing cycle.

~Fees already paid are non-refundable except where the law requires otherwise.

Physical products: customized safety signs

You may also buy physical safety signs through the Service. Safety signs are available only to customers with an active Subscription. Each safety sign order costs $99 in U.S. dollars, plus applicable taxes, and includes one customized corflute sign, custom stickers and standard shipping.

Our safety signs are printed and shipped by a third-party provider, and we provide customer support for your order. Delivery usually takes about 7 business days from order confirmation. Delivery times are estimates only and are not guaranteed.

Each sign is made to order and customized for you, so we do not accept change-of-mind returns. If your sign arrives faulty or misprinted, we will replace it at no cost to you. This does not limit any rights you have that cannot be excluded under applicable consumer protection law. Risk of loss for a sign passes to you on delivery.

9. Term and termination

This Agreement starts on your first Order and continues until terminated. Either party may terminate for material breach that is not cured within 15 days of written notice.

On termination, your right to use the Service ends at the close of the applicable billing period, and you remain responsible for accrued fees.

For 30 days after your access ends, we will, on request and where reasonably practicable, make Customer Data available for export in a format the Service supports. After that period, we may delete or de-identify Customer Data in line with our retention practices and legal obligations.

We may delete Customer Data sooner where required by law, where necessary to protect the Service or other users, or where the account was terminated for unlawful or abusive conduct. You are responsible for exporting any Customer Data you wish to keep.

10. Confidentiality

Each party will protect the other's confidential information using reasonable care and use it only to perform under this Agreement. This does not apply to information that is public or independently developed.

11. Security

We will maintain reasonable administrative, technical and organizational safeguards designed to protect Customer Data against accidental or unlawful loss, alteration or destruction, or unauthorized access or disclosure.

You are responsible for securely managing your accounts, passwords, devices, users and permissions, for promptly removing access that is no longer needed, and for notifying us without undue delay if you become aware of unauthorized access to the Service. No security measure is completely effective, and we do not warrant that the Service will be free from all security incidents.

12. Intellectual property

You own your Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, process and use it only to provide, secure and improve the Service. We own the Service, our software and all related intellectual property. If you give us feedback, we may use it without restriction or obligation.

13. Third-party services, AI features and construction responsibilities

Third-party services

The Service may integrate with third-party tools, for example accounting or payment providers. Your use of those tools is subject to their terms, and we are not responsible for them or their data practices.

Artificial intelligence features

The Service may include features that use artificial intelligence or automated tools to generate, summarize, classify or suggest content. Outputs from these features may be inaccurate, incomplete, out of date or unsuitable for your circumstances.

You must review and verify AI-generated outputs before using or relying on them, including through appropriately qualified personnel where relevant. AI-generated outputs are not legal, engineering, financial, accounting, employment, building, regulatory, health or safety advice. You remain responsible for decisions, documents and actions taken using AI-generated outputs.

Connected AI tools and read and write access

The Service may let you connect external artificial intelligence tools or agents to your account, including through a connection that uses the Model Context Protocol (an “AI connection”). An AI connection can allow a tool you authorize to read Customer Data from, and to write, change or delete Customer Data in, your account on your behalf.

You choose whether to enable an AI connection and which tools to connect, and you can disable it at any time. You are responsible for the tools you connect, for the access and permissions you grant them, and for all actions taken in your account through an AI connection, whether or not those actions were intended.

When you use an AI connection, Customer Data may be sent to the external tool or AI provider you have chosen. That tool or provider is a third-party service under this Agreement, its use is governed by its own terms and privacy practices, and we are not responsible for it or for what it does with Customer Data. We recommend that you review AI actions and outputs and keep independent backups.

Construction responsibilities

The Service is a business administration and construction management tool. It supports, but does not replace, professional judgment, qualified advice, physical inspections or compliance procedures.

We do not provide legal, engineering, architectural, accounting, employment, building, occupational health and safety, or other professional advice. Templates, alerts, calculations, reports, schedules and other Service outputs are provided for general assistance only and may not reflect the laws, codes, standards, contracts, site conditions or project requirements that apply to you.

Our reports, cashflow forecasts and work-in-progress (WIP) calculations are provided as estimates only. They are not financial, accounting or investment advice, and you must not rely on them as such.

You remain responsible for:

~site safety, risk assessments and hazard controls;

~permits, licenses, inspections and regulatory filings;

~managing contractors, employees and subcontractors;

~preparing, reviewing and approving safety and construction documents;

~verifying measurements, quantities, estimates, calculations and project records;

~keeping records required by law or contract; and

~all construction, commercial and compliance decisions.

Where the circumstances require, you must have Service outputs reviewed by appropriately qualified personnel before relying on them. Reliance on Service outputs is at your own risk.

14. Warranties and disclaimers

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

~neither party is liable for indirect, incidental, consequential, special, exemplary or punitive damages, or for loss of profits, revenue, anticipated savings, goodwill or business opportunity; and

~our total aggregate liability arising out of or related to this Agreement will not exceed the greater of (a) the Subscription Fees you paid in the six months immediately before the event giving rise to the claim, and (b) USD $2,500.

This cap applies in aggregate to all claims arising from the same or related events, and regardless of the legal basis of the claim. Any higher cap agreed for a particular customer must be set out expressly in that customer's Order and may be subject to additional fees.

Nothing in this Agreement excludes or limits liability for fraud, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be limited. Some states and provinces do not allow certain limitations, so parts of this section may not apply to you, including under applicable Canadian consumer protection legislation.

16. Indemnification

You will indemnify and hold us harmless from third-party claims arising from your Customer Data, your use of the Service, or your breach of this Agreement, except to the extent caused by our own breach or negligence.

17. Dispute resolution, arbitration and class-action waiver

If a dispute arises, the parties will first try to resolve it in good faith by discussion. If it cannot be resolved informally, the following applies.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO BRING A CLAIM IN COURT OR TO HAVE A JURY DECIDE A DISPUTE.

To the maximum extent permitted by law, any dispute or claim arising out of or relating to this Agreement or the Service that cannot be resolved informally will be settled by final and binding arbitration, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitration will be administered by the American Arbitration Association under its then-current commercial arbitration rules, seated in the State of Delaware, and judgment on the award may be entered in any court of competent jurisdiction. Each party waives any right to have such disputes heard by a court or jury.

Class-action waiver. All disputes will be conducted only on an individual basis, and not as a plaintiff or class member in any class, consolidated or representative proceeding. Class actions and class arbitrations are not permitted. If a claim proceeds in court rather than arbitration, each party waives any right to a jury trial.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information. For customers in Canada, this section applies only to the extent permitted by applicable law, and nothing in it limits any right that cannot be waived, including the right to bring a claim in court or to take part in a class proceeding under the consumer protection laws of a province such as Quebec.

18. Governing law and venue

For customers in the United States, this Agreement is governed by the laws of the State of Delaware, excluding its conflict-of-law rules. For customers in Canada, it is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Each party submits to the non-exclusive jurisdiction of the courts in the applicable place. Either party may seek injunctive relief in any appropriate court.

19. General

~We may update these Terms with notice; continued use after the effective date means you accept them.

~The parties are independent contractors.

~Neither party is liable for delays caused by events beyond its reasonable control (a force majeure event).

~You may not assign this Agreement without our consent; we may assign it in a merger, acquisition or sale of assets.

~We may give notice by email, SMS, in-app message or by posting on our website. Legal notices to us may be sent to helpdesk@jackapp.io.

~If you receive SMS messages from us, our separate SMS Terms and Conditions also apply.

~With your permission, we may name and display your logo as a customer.

~If any provision is unenforceable, the rest remains in effect. This Agreement is the entire agreement about the Service.

20. United States and Canada: key differences

21. Contact

JACK App Inc.

Email: helpdesk@jackapp.io

Head office: 2002 Timberloch Pl Suite 200, The Woodlands, TX 77380

Website: jackapp.io/us/