Buildertrend Business Insights Agreement
Last updated: February 3, 2025
The following Buildertrend Business Insights Agreement (this “Business Insights Agreement”) governs your use and relationship with Buildertrend Solutions, Inc., a Nebraska corporation (“Buildertrend”), in the partnering to surface your business analytics across each facet of Buildertrend.
This is a legal agreement between Customer and Buildertrend and incorporates the Buildertrend Terms and Conditions Agreement, applicable Order Form, and Privacy Notice. By registering (“Registration Date”) for the Business Insights Offering (as defined below) via the Buildertrend Business Insights Registration Form (“Registration Form”), you are accepting to be bound to the terms of this Business Insights Agreement and all incorporated agreements. Any capitalized terms not defined herein shall have the meaning given to them in the Buildertrend Terms and Conditions Agreement. In the event of a conflict between the Buildertrend Terms and Conditions Agreement and this Business Insights Agreement, the terms of this Business Insights Agreement shall control.
1. Services and Payment.
1.1 Services. Buildertrend offers a service to analyze the business insights of Customer Data on the Buildertrend platform (the “Business Insights Offering”). The Business Insights Offering includes either 1) Data Flow, or 2) Analytics. Certain professional services and add-on resources are also available for purchase. The selected Business Insights Offering will be documented on the applicable Registration Form and Order Form.
1.1.1 Data Flow Deliverable. Customer may sync Customer Data to third party data tools through an application programming interface.
1.1.2 Analytics Deliverable. Customer will receive access to a reporting environment, provided through Buildertrend’s service provider, Domo, Inc., allowing Customer to self-serve customized reports and deliver insights using Customer Data.
1.1.3 Professional Services and Add-Ons. In conjunction with either the Data Flow or Analytics deliverables, Customer may purchase professional services including, but not limited to, custom report building, data consulting, and ad-hoc data consulting. Pre-purchased data consulting hours expire after one (1) year from the Registration Date. Ad-hoc data consulting hours are invoiced monthly based on consumption. Available add-ons include, but are not limited to, additional edit licenses, connectors, and CSV file uploads (“Add-Ons”).
1.1.4 Customer Data from Multiple Accounts. Customer may purchase the Business Insights Offering to include Customer Data from more than one (1) account. If Customer elects this and wishes to share Customer Data between multiple Customer accounts, Customer consents to such sharing being contingent on a Consent to Share Customer Data form being signed by an Administrator on each Customer account. The form authorizes Buildertrend to share such Customer Data between the Customer accounts.
1.2 Offering and Subscription Term. Customer’s selected Business Insights Offering and the Subscription Term information are set forth in the applicable Registration Form and Order Form delivered to Customer by Buildertrend.
1.3 Fees. Customer’s fees for the Business Insights Offering are set forth in the applicable Registration Form and Order Form delivered to Customer by Buildertrend (the “Fees”). All Fees are subject to change or increase upon notice to Customer. Subject to pro-ration of Fees due to any applicable Installment Plan, Customer is responsible for payment of the entirety of the Fees noted on the Order Form for the Subscription Term. Installment Plan information is noted on the Order Form as applicable. The Fees and installment amount noted on the Order Form are the amounts owed before discounts are applied, as applicable. Customer shall pay all Fees when due as outlined in the Registration Form and Order Form and is responsible for providing complete and accurate billing information to Buildertrend. The One-Time Fees are due on the Registration Date and all other Fees are due on the Registration Date, Installment Date(s), and Auto-Renewal Dates(s), as applicable. If such Fees are paid via credit card or other electronic means, Customer authorizes Buildertrend to charge such Fees using any of Customer’s available payment methods on file on or about the due date as outlined in the Order Form. Customer agrees that Buildertrend may resubmit a rejected charge in our sole discretion, as permitted by applicable law and payment network rules. All payment obligations are non-cancelable, regardless of Customer’s Installment Plan, and all Fees paid are non-refundable unless otherwise expressly provided for herein.
1.4 Auto-Renewal. CUSTOMER AGREES THAT ITS BUSINESS INSIGHTS OFFERING, EXCLUDING ONE-TIME FEES AND INCLUDING ANY ADD-ON FEATURES, WILL AUTOMATICALLY RENEW AFTER THE INITIAL SUBSCRIPTION TERM ENDS (THE “RENEWAL DATE”) AT THE THEN-CURRENT FEE(S) OR AS QUOTED BY BUILDERTREND. MONTHLY SUBSCRIPTIONS WILL CONTINUE TO RENEW FOR THE SAME SUBSCRIPTION TERM UNTIL CANCELLED. IF CUSTOMER HAS AN ANNUAL SUBSCRIPTION TERM, THE SUBSCRIPTION WILL RENEW FOR THE SAME SUBSCRIPTION TERM UNTIL CANCELLED AND BUILDERTREND WILL NOTIFY CUSTOMER BY EMAIL OR PHONE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE THEN CURRENT SUBSCRIPTION TERM WITH THE APPLICABLE RENEWAL INFORMATION. IF CUSTOMER HAS A MULTI-YEAR SUBSCRIPTION TERM, THE SUBSCRIPTION WILL RENEW FOR A ONE (1) YEAR PERIOD AND BUILDERTREND WILL NOTIFY CUSTOMER BY EMAIL OR PHONE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE THEN CURRENT SUBSCRIPTION TERM WITH THE APPLICABLE RENEWAL INFORMATION. SUBSCRIPTIONS WILL AUTOMATICALLY RENEW ON THE SAME INSTALLMENT PLAN AS APPLICABLE. CUSTOMER AUTHORIZES BUILDERTREND TO AUTOMATICALLY CHARGE CUSTOMER FOR THE APPLICABLE FEES, INCLUDING SUBSCRIPTION FEES, ON OR AFTER THE RENEWAL DATE AND ACCORDING TO THE APPLICABLE INSTALLMENT PLAN UNLESS THE SUBSCRIPTION HAS BEEN TERMINATED OR CANCELLED IN ACCORDANCE WITH THIS AGREEMENT. CUSTOMER MUST CANCEL ITS SUBSCRIPTION PRIOR TO THE RENEWAL DATE IN ORDER TO AVOID BEING CHARGED THE APPLICABLE SUBSCRIPTION FEE FOR THE RELEVANT SUBSCRIPTION TERM ON OR AFTER THE RENEWAL DATE.
1.5 CANCELLATION. CUSTOMER MUST CANCEL THE BUSINESS INSIGHTS OFFERING PRIOR TO THE RENEWAL DATE IN ORDER TO AVOID BEING CHARGED THE APPLICABLE FEES FOR THE RELEVANT SUBSCRIPTION TERM ON THE RENEWAL DATE. IF CUSTOMER ATTEMPTS TO CANCEL ITS BUSINESS INSIGHTS OFFERING DURING THE SUBSCRIPTION TERM, CUSTOMER WILL NOT BE ISSUED A REFUND FOR THE MOST RECENT FEES OR ANY PREVIOUSLY CHARGED FEES, ANY REMAINING FEES OWED INCLUDING THOSE FEES OWED AS PART OF AN INSTALLMENT PLAN WILL STILL BE OWED, AND THE SUBSCRIPTION WILL TERMINATE ON THE NEXT APPLICABLE RENEWAL DATE. CUSTOMER IS SOLELY RESPONSIBLE FOR CANCELING THE BUSINESS INSIGHTS OFFERING. TO INITIATE A CANCELLATION, CUSTOMER OR AN ADMINISTRATOR ON CUSTOMER’S ACCOUNT MUST 1) NAVIGATE TO THE ‘MANAGE SUBSCRIPTION’ BUTTON ON CUSTOMER’S ACCOUNT, AND SELECT ‘CANCEL SUBSCRIPTION’ ON THE TOP OF THE PAGE, OR 2) PROVIDE AN EXPRESS WRITTEN REQUEST TO CUSTOMER’S BUILDERTREND CUSTOMER SUCCESS REPRESENTATIVE, INCLUDING BY SENDING AN EMAIL TO BUILDERTRENDANALYTICS@BUILDERTREND.COM.
1.6 Fee Calculation for Aligned Subscriptions. In certain circumstances as determined by Buildertrend and noted on the Registration Form, Customer may align the Renewal Date and Installment Plan of the Business Insights Offering to match Customer’s Buildertrend Service Subscription, as outlined on the relevant Order Form. In that case, the Business Insights Offering, including Add-Ons, will be coterminous with Customer’s Buildertrend Service Subscription and will be pro-rated to match the remainder of the Subscription Term. If Customer is utilizing an Installment Plan, the Business Insights Offering will be pro-rated for the first installment payment due on the Registration Date.
2. Customer Obligations.
2.1 Schedule, Cooperation, Modifications. Each party will exert commercially reasonable efforts to make the Business Insights Offering successful. The Business Insights Offering will be provided in accordance with the schedule mutually agreed to between Customer and Buildertrend. However, meeting the deadlines of this schedule is subject to Customer’s cooperation. Customer is responsible for all relevant charges while the offering is delayed due to Customer. If Customer wishes to change or amend the requirements, report criteria or type, or use case, there may be additional costs, charges, or fees associated with the Business Insights Offering beyond those initially agreed to.
2.2 Credentials. Customer is responsible for maintaining the security of accounts and passwords. Customer may not share the login information to the Business Insights Offering, nor allow any other individual to use such Customer’s account for any reason.
3. Termination.
Buildertrend may terminate this Business Insights Agreement immediately upon notice to Customer at any time and for any reason or no reason. Additionally, this Agreement will terminate upon the expiration of Customer’s Buildertrend Service Subscription as a Buildertrend Service Subscription is required for the purchase of the Business Insights Offering. Upon expiration or termination of this Business Insights Agreement for any reason, the Business Insights Offering, the login credentials, and any other rights granted to Customer under this Business Insights Agreement shall immediately terminate, and Buildertrend may immediately deactivate Customer’s account(s) associated with the Business Insights Agreement. In no event will any termination relieve Customer of the obligation to pay any Fees accrued or payable to Buildertrend.
4. Ownership of Work Product.
This is not a work-for-hire agreement. The copyright in all deliverables created under this Business Insights Agreement for Customer shall belong to Buildertrend. All intellectual property rights in all pre-existing works and derivative works of such pre-existing works and other deliverables and developments made, conceived, created, discovered, invented, or reduced to practice in the performance of the Business Insights Offering hereunder are and shall remain the sole and absolute property of Buildertrend, subject to a worldwide, non-exclusive license to Customer for its internal use as intended under this Business Insights Agreement. Customer shall retain the right, title, and interest to all pre-existing works that have been developed by Customer and shared with Buildertrend and derivative works of such pre-existing works.