Terms & Conditions

Software Terms of Service

Effective Date: January 1st 2026

These Software Terms of Service (the "Terms"), together with any applicable order form, subscription selection, or in-platform purchase (each, an "Order"), form a legally binding agreement (the "Agreement") between JACK App, Inc. ("JACK App," "we," "us," or "our") and the customer identified in the applicable Order ("Customer," "you," or "your").

By accessing or using the JACK App platform, including the web application, mobile application, estimating tools, project management tools, safety documentation features, client portal, subcontractor portal, and related services (collectively, the "Service"), you agree to be bound by this Agreement.

If you are entering into this Agreement on behalf of an organization, you represent and warrant that you have the authority to bind that organization.

This Agreement incorporates JACK App's Privacy Policy, which describes how personal information is collected, used, and protected.

1. Definitions

1.1 Authorized User means an individual authorized by Customer to access and use the Service under Customer's Subscription, including employees, subcontractors, consultants, or other collaborators.

1.2 Customer Data means all data, content, documents, communications, contacts, photos, plans, safety records, estimates, budgets, schedules, change orders, invoices, and other information submitted to or generated within the Service by or on behalf of Customer or its Authorized Users.

1.3 Documentation means user guides, help articles, help videos, technical documentation, and other materials made available by JACK App.

1.4 Intellectual Property Rights means all intellectual property rights worldwide, including copyrights, patents, trademarks, trade secrets, and similar rights.

1.5 Service means JACK App's construction management software platform and all related functionality, updates, enhancements, and modifications.

1.6 Subscription means the paid right to access and use the Service during the applicable billing period.

1.7 Subscription Fees means all fees payable for Subscriptions, including base subscription fees, per-user fees, and add-on fees.

2. The Service

Access Rights

Subject to this Agreement and payment of applicable Subscription Fees, JACK App grants Customer a non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription Term solely for Customer's internal business purposes related to construction estimating, project management, safety documentation, and collaboration with clients and subcontractors.

Usage Restrictions

Customer must not, and must not permit any Authorized User to:

  • Make the Service available to anyone other than Authorized Users
  • Sell, resell, sublicense, rent, lease, or otherwise commercially exploit the Service
  • Reverse engineer, decompile, disassemble, or attempt to derive source code, except where prohibited by law
  • Access the Service to build, benchmark, or compete with a similar product or service
  • Remove or alter proprietary notices or branding
  • Share login credentials or allow multiple individuals to use a single Authorized User account
  • Use automated tools to scrape, harvest, or extract data without written permission
  • Upload or transmit unlawful, infringing, misleading, or harmful material
  • Use the Service in violation of applicable laws or regulations

Protection of Customer Data

JACK App will implement reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, or disclosure.

Suspension

JACK App may suspend access to the Service if it reasonably believes Customer or an Authorized User has violated this Agreement, poses a security risk, or has failed to pay applicable fees.

3. Accounts, Users, and Administration

Customer is responsible for all activity under its account, including activity by Authorized Users. Customer must ensure that all Authorized Users comply with this Agreement as if they were Customer.

Customer administrators may manage users, permissions, project access, and data visibility. Customer is solely responsible for granting appropriate access to client users and subcontractor users.

Support Access (Remote Account Access by Implementation and Customer Support)

At Customer's request and direction, the Service may provide an optional "Support Access" feature that allows authorized JACK App implementation team and customer support personnel to remotely access and interact with Customer's account solely for the purpose of providing implementation services, customer support, troubleshooting, and resolving technical issues. Support Access may be enabled or disabled by Customer at any time and can be revoked immediately through account settings. JACK App will not use Support Access for marketing, advertising, or any purpose other than customer support.

3. Customer Responsibilities and Warranties

Customer represents and warrants that:

  • It has full authority to enter into this Agreement
  • It has obtained all required rights, notices, and consents to submit Customer Data to the Service
  • Customer Data does not infringe third-party rights and complies with applicable laws
  • Its use of the Service complies with applicable construction, safety, labor, and privacy laws
  • All billing and registration information provided is accurate and kept up to date

4. Subscriptions, Fees, and Payment

Subscription Fees

Subscriptions are billed on a recurring monthly basis unless otherwise stated. Fees are based on the selected plan and number of Authorized Users.

Additional Users

Customer may add Authorized Users at any time. Additional users will incur additional monthly fees at the then-current rates.

Cancellation

Customer may cancel its Subscription at any time. Cancellation will take effect at the end of the then-current billing period. Fees already paid are non-refundable except where required by law.

Taxes

Subscription Fees exclude applicable taxes. Customer is responsible for all applicable sales, use, GST/HST, or similar taxes, excluding taxes based on JACK App's net income.

Fee Changes

JACK App may modify Subscription Fees with reasonable prior notice. Updated fees will apply at the next billing cycle following notice.

6. Term and Termination

Term

This Agreement begins on the effective date of the first Order and continues until terminated.

Termination for Cause

Either party may terminate this Agreement if the other party materially breaches and fails to cure within fifteen (15) days after written notice.

Effect of Termination

Upon termination, Customer's access to the Service will cease at the end of the applicable billing period. Customer remains responsible for all accrued fees. JACK App may delete Customer Data after termination in accordance with its data retention practices and legal obligations.

7. Confidentiality

Each party may receive confidential information from the other. The receiving party agrees to protect such information using reasonable care and to use it only to perform under this Agreement. Confidential information does not include information that is publicly available or independently developed.

8. Intellectual Property

Customer Data

Customer retains ownership of Customer Data. Customer grants JACK App a worldwide, non-exclusive, royalty-free license to host, process, transmit, and use Customer Data solely to provide, maintain, secure, and improve the Service.

JACK App Intellectual Property

JACK App retains all rights, title, and interest in the Service, Documentation, and related Intellectual Property Rights.

Feedback

JACK App welcomes feedback from its Customers about the Service. Any feedback provided by the Customer may be used by JACK App without restriction or obligation.

9. Third-Party Services, Integrations and Other Services

The Service may integrate with third-party services such as payment processors, accounting software, or communication tools. Use of third-party services is subject to the third party's terms and policies. JACK App is not responsible for third-party services or their data practices.

Customer Support, Onboarding, and Data Import Services

JACK App may, at Customer's request, provide customer support, onboarding assistance, implementation services, and assistance with importing or migrating Customer Data from Customer's existing systems into the Service ("Implementation Services"). Implementation Services may be provided at no additional charge or may be subject to additional fees, depending on the scope, complexity, and scale of the services requested, as communicated to Customer in advance.

Any Implementation Services are provided for convenience only and do not modify or expand JACK App's obligations under this Agreement.

Customer acknowledges and agrees that Customer remains solely responsible for the accuracy, completeness, and legality of all Customer Data provided for import or migration. While JACK App will use commercially reasonable efforts to perform Implementation Services in accordance with Customer's instructions, JACK App does not warrant that data imports or migrations will be error-free, complete, or uninterrupted.

Customer is responsible for reviewing all imported or migrated data promptly upon completion and for identifying and correcting any errors, omissions, or discrepancies. JACK App shall not be liable for any loss, corruption, duplication, or inaccuracy of Customer Data arising from or related to Implementation Services, except to the extent caused by JACK App's willful misconduct or gross negligence.

Any Customer Data processed in connection with Implementation Services will be handled in accordance with this Agreement and JACK App's Privacy Policy. Customer represents and warrants that it has obtained all necessary rights, permissions, and consents to provide such data to JACK App for these purposes.

10. Construction-Specific Disclaimers

Customer acknowledges that:

  • The Service provides tools to assist with construction management but does not replace professional judgment
  • JACK App does not provide legal, engineering, financial, or safety advice
  • Customer remains solely responsible for jobsite safety, regulatory compliance, and construction decisions
  • All reliance on outputs generated by the Service is at Customer's own risk

11. Warranties and Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, JACK App disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

12. Indemnification

Customer agrees to indemnify and hold harmless JACK App from third-party claims arising out of Customer Data, Customer's use of the Service, or Customer's breach of this Agreement.

13. Limitation of Liability

To the maximum extent permitted by law:

  • JACK App will not be liable for indirect, incidental, consequential, or punitive damages
  • JACK App's total liability arising out of or related to this Agreement will not exceed the Subscription Fees paid by Customer in the three (3) months preceding the event giving rise to the claim

14. Governing Law and Venue

For customers located in the United States, this Agreement is governed by the laws of the State of Delaware, excluding conflict-of-law principles.

For customers located in Canada, this Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Each party consents to the non-exclusive jurisdiction of courts located in the applicable jurisdiction above. Either party may seek injunctive or equitable relief in any appropriate jurisdiction.

15. Modifications

JACK App may update these Terms from time to time. Continued use of the Service after the effective date of updated Terms constitutes acceptance.

16. Miscellaneous

  • The parties are independent contractors
  • Neither party is liable for delays caused by events beyond reasonable control
  • Customer may not assign this Agreement without consent; JACK App may assign in connection with a merger, acquisition, or sale of assets
  • The Service is controlled and operated by JACK App from its offices in the United States of America and Australia. Except as expressly set forth herein, JACK App makes no representations that the Service is appropriate for use in any jurisdiction. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws and taxes
  • Notice: JACK App may give notices to Customer related to the Service through email, text message, in-app notifications, or by posting them on the JACK App website or through the Service, and such electronic notices shall satisfy any legal requirement that such notices be made in writing. Notices of a legal nature may be sent to helpdesk@jackapp.io
  • Publicity: With the permission of the Customer, JACK App may include the Customer's name and logo in JACK App's online customer list and in print and electronic marketing materials.
  • Force Majeure: JACK App will not be liable for any delay or failure to perform its obligations under this Agreement caused by events beyond its reasonable control, including natural disasters, acts of war or terrorism, civil unrest, labor disputes, governmental actions, internet or utility outages, third-party service failures, or cyberattacks (each, a "Force Majeure Event"). JACK App's obligations will be suspended for the duration of the Force Majeure Event and to the extent performance is affected, and JACK App will use commercially reasonable efforts to resume performance as soon as practicable.
  • If any provision is unenforceable, the remainder will remain in effect
  • This Agreement constitutes the entire agreement between the parties regarding the Service

17. Contact Information

JACK App, Inc.

Email: helpdesk@jackapp.io

Website: jackapp.io/us/

Head Office: JACK App, Inc., 3139 W Holcombe Blvd #8019 Houston, TX 77025