Terms of Service

These Terms of Service ("Terms") govern your access to and use of BuildTrack Pro's website, applications and related services (the "Service"). By creating an account, using the Service or clicking to accept, you agree to these Terms. If you use the Service on behalf of a company, you represent that you have authority to bind that organisation.

1. The Service

BuildTrack Pro provides cloud-based tools for construction and trade businesses, such as job tracking, scheduling, quotations, invoicing and related features. We may modify, add or discontinue features with reasonable notice where practicable. We do not guarantee uninterrupted or error-free operation.

2. Accounts and access

You must provide accurate registration information and keep credentials confidential. You are responsible for activity under your account and for users you invite. Notify us promptly of unauthorised use.

3. Customer data

You retain ownership of data you submit to the Service ("Customer Data"). You grant us a licence to host, process, back up and display Customer Data only to provide and improve the Service and as described in our Privacy Policy. You are responsible for the legality of Customer Data and for obtaining any consents or notices needed for personal data you upload about your clients, workers or others.

4. Acceptable use

You agree not to:

• Violate law or third-party rights;
• Upload malware, attempt to breach security or probe systems without authorisation;
• Scrape, resell or redistribute the Service except as permitted in writing;
• Use the Service to send spam or unlawful communications;
• Overload or interfere with infrastructure or other customers' use.

We may suspend or terminate access for material breach or risk to the Service or others.

5. Subscription, fees and taxes

Paid plans, fees, billing cycles and renewal terms are set out in your order, checkout or agreement. Fees are stated exclusive or inclusive of SST or other taxes as specified. Late or failed payment may result in suspension of access. Free trials or promotional access may end or change as communicated.

6. Intellectual property

The Service, branding, software and documentation are owned by BuildTrack Pro and its licensors. Except for the limited rights to use the Service under these Terms, no rights are granted. Feedback you provide may be used without obligation to you.

7. Confidentiality

Each party may receive confidential information from the other. The receiving party will use reasonable care to protect it and use it only for the purpose of the relationship, subject to usual exceptions (public domain, independent development, legal requirement).

8. Warranties and disclaimer

The Service is provided "as is" and "as available" to the fullest extent permitted by law. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. You are responsible for decisions made using the Service (for example quotations, contracts and site safety).

9. Limitation of liability

To the maximum extent permitted by applicable law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, data or goodwill. Our aggregate liability arising out of these Terms or the Service in any twelve-month period is limited to the fees you paid to us for the Service in that period (or, if none, to MYR 500). Nothing excludes liability that cannot be excluded under law (including death or personal injury caused by negligence where applicable).

10. Indemnity

You will defend and indemnify us against third-party claims arising from Customer Data, your use of the Service in breach of these Terms, or your violation of law or third-party rights, subject to our prompt notice and reasonable cooperation.

11. Term and termination

These Terms apply from first use until terminated. You may stop using the Service at any time. We may suspend or terminate for breach, non-payment or legal requirement. Provisions that by nature should survive (including intellectual property, confidentiality, disclaimers, limitation of liability and indemnity) will survive. Export or deletion of Customer Data after termination may be subject to your plan and our data retention practices.

12. Governing law and disputes

These Terms are governed by the laws of Malaysia. Courts in Malaysia have non-exclusive jurisdiction, without prejudice to mandatory consumer protections where they apply to you.

13. General

If any provision is invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver. These Terms together with the Privacy Policy and any order or agreement you sign constitute the entire agreement regarding the Service. We may assign these Terms in connection with a merger or sale of business; you may not assign without our consent.