Buildertrend Website Services Agreement

Last updated: February 17, 2026

The following Buildertrend Website Services Agreement (this “Website Agreement”) governs your use and relationship with Buildertrend Solutions, Inc., a Nebraska corporation (“we,” “us,” or “Buildertrend”), in the development, operation, and hosting of your website. This is a legal agreement between you and Buildertrend and incorporates the Buildertrend Terms and Conditions Agreement, Order Form, and Privacy Notice. By registering to have a website developed and hosted by Buildertrend, you are accepting to be bound to the terms of this Website Agreement and all incorporated agreements and such date of your registration and acceptance of this Website Agreement shall be the “Registration Date”.

1. Background.

We are engaged in the business of developing, improving, and maintaining websites, among other services.

2. Services and Pricing.

2.1 Services. Subject to any additional services that we agree to provide in writing, we agree to provide: (a) website hosting; (b) mobile-first design; (c) editable content; (d) an integration with the Buildertrend software by allowing support for the Buildertrend contact form, and login box; (e) social media integration; and (f) on-going service and support (“Services”). The Services and deliverables to be provided to you specifically for your website under this Website Agreement are sometimes referred to collectively as a “Project.” Buildertrend may update, modify, enhance, substitute, or discontinue any website template, component, feature, integration, or design element used in the Services at any time. Buildertrend will use commercially reasonable efforts to avoid material degradation of the overall functionality of your website, but you acknowledge that templates and features are updated periodically and may change without notice.

2.2 Fees. Unless otherwise provided in writing, we will charge you a monthly or annual fee for the Services beginning from the Registration Date and continuing until the date of Cancellation and Termination, as described below. You shall pay all fees when due and are responsible for providing complete and accurate billing information to Buildertrend. All payment obligations are non-cancelable and all fees paid are non-refundable unless otherwise expressly provided for herein.

2.3 Maintenance. Buildertrend will provide one free hour per month of routine edits and content updates (“Maintenance”) as requested by you. All unused Maintenance hours do not rollover and will expire at the end of each applicable month. Any request that materially changes the layout, structure, navigation, functionality, or template of your website will be treated as a “Redesign.” A Redesign requires a new project scope and may require additional fees at Buildertrend’s then‑current rates. Buildertrend may determine, in its sole discretion, whether a requested change constitutes Maintenance or a Redesign. Notwithstanding the foregoing, after the second anniversary of the Registration Date, if your website has been maintained without any material changes or a Redesign, and if you are continuing with your current Services, you may be eligible for a Redesign at no additional cost, subject to Buildertrend’s then current policies.

2.4 Buildertrend offers two types of website services: (a) Custom Website Services, which are Services initially purchased on or after January 1, 2026; and (b) Pro Website Services, which are legacy website design and hosting services purchased prior to January 1, 2026.

2.5 You acknowledge that the Services are delivered using custom-configured Buildertrend templates. Buildertrend does not provide custom software development, unique code implementation, or non‑template design work. All design, layout, and functional elements must conform to the features and limitations of the selected template and Buildertrend’s design system.

3. Customer Content.

3.1 You agree to provide content (the “Customer Content”) as may be requested by Buildertrend for the development, hosting, and optimization of your Project and website which includes, but is not limited to, written content, logos, photographs, graphics, audio and/or video for the website.

3.2 You represent and warrant that (a) you own or have obtained all rights, licenses, consents, and permissions necessary for Buildertrend to use the Customer Content as contemplated under this Agreement; (b) the Customer Content does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights of any third party; (c) the Customer Content is not fraudulent, defamatory, obscene, misleading, illegal, or otherwise harmful; and (d) you have obtained all consents required under applicable law to upload, provide, or publish Customer Content, including images or personal information of individuals.

3.3 You are solely responsible for ensuring that Customer Content and your website comply with all applicable laws, including privacy, consumer‑protection, accessibility (such as ADA/WCAG), marketing, and advertising laws. Buildertrend does not provide legal or regulatory compliance services.

3.4 You are responsible for maintaining backup copies of all Customer Content provided to Buildertrend, including original images, videos, and written materials. Buildertrend does not guarantee the retention of any Customer Content prior to launch or after cancellation.

3.5 You acknowledge and agree that Buildertrend may use generative artificial intelligence and machine learning tools (“GenAI”) in connection with the development, hosting, optimization, and support of your Project and website, including to process, generate, modify, or enhance Customer Content. You understand that GenAI generated output may be inaccurate or incomplete, and Buildertrend makes no representations or warranties regarding the accuracy, legality, or fitness for a particular purpose of any content or materials generated using GenAI (“AI Output”).

4. Schedule.

All Services will be provided in accordance with the schedule mutually agreed to between you and Buildertrend; provided, however, the timing and completion of deadlines in such schedule is subject to your cooperation in timely providing Customer Content, making the domains readily available to us, responding to our calls promptly, and otherwise cooperating fully.

5. Modifications.

If you wish to change the requirements for a Project, there may be additional costs, charges, or fees associated with Services beyond those initially agreed to.

6. Payments, Refunds, and Subscription Charges.

6.1 Buildertrend may charge payment to your selected credit card or other payment mechanism on file (“Your Account”) for all amounts due and owing for the Services or any other fee or charge associated with your Project or website. You agree that in the event Buildertrend is unable to collect the fees owed to Buildertrend for the Services through Your Account, Buildertrend may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by Buildertrend in connection with such collection activity, including collection fees, court costs, and attorneys’ fees.

6.2 No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving your removal from our website Services.

6.3 All prices are subject to change upon notice. Such notice may be provided to you on your Order Form, receipt, by an e-mail message, or by other reasonable means of communication to you.

6.4 You agree to pay any and all sales and/or use taxes and any and all tariffs and/or duties applicable or related to our providing all Services for your Project.

7. Cancellation and Termination.

7.1 You are solely responsible for canceling your website subscription. You may cancel your subscription immediately by providing a written request to your assigned Buildertrend Customer Success Manager or Website Services Agent, to include sending an email to websitesupport@buildertrend.com. Cancellations shall not be accepted by any other means. Except as otherwise provided herein, upon termination, you will no longer have the right to use or access the website we created for you, or any other Buildertrend created or licensed content.

7.2 Buildertrend in its sole discretion has the right to suspend or discontinue providing Services to you without notice for your actions that (a) are in material violation of this Website Agreement, (b) create a security emergency, (c) violate the law, or lead to our belief that you are violating the law, or lead to investigation of you by a federal or state law enforcement agency

7.3 Buildertrend in its sole discretion has the right to suspend or discontinue providing Services to you for any reason or no reason.

7.4 Upon cancellation or termination of the Services, Buildertrend may permanently delete any or all Customer Content, project files, media, or other data associated with your website. Buildertrend is under no obligation to retain, export, or return such data to you. You are solely responsible for maintaining backup copies of all Customer Content.

8. Cooperation.

8.1 Each party will exert commercially reasonable efforts to make the Project successful. For a Project to be successful, you must (a) respond promptly to email communications, (b) provide feedback and/or Customer Content as outlined in the schedule mutually agreed to between you and Buildertrend, and (c) attend scheduled meetings.

8.2 You understand that any lack of communication or delay by you in meeting the above obligations may delay completion of the Project. If we are unable to reach you for information or scheduled meetings after three (3) attempts, Buildertrend may cease efforts to communicate with you until a response is received or require future communications or meetings to be conducted asynchronously. You are responsible for all relevant charges during that time.

8.3 If your delay, unresponsiveness, or failure to attend scheduled meetings prevents Buildertrend from progressing the Project, Buildertrend may, in its discretion: (a) extend the Project timeline; (b) place the Project on hold; or (c) require rescoping or additional fees if Project work must be repeated due to such delay.

9. Administration, Access, and Repairs.

9.1 Coordinator Contact. Each party will identify one (1) person who will be the primary contact person and project coordinator the Project.

9.2 Administrative Representative. Upon request, Buildertrend may provide administrative access to one (1) representative, or, at Buildertrend’s discretion, multiple representatives. Only users who have been granted administrative access by Buildertrend can access the proprietary details of the website development. The users with administrative access have full control of the development details. As such, users with administrative access must have reliable measures in place to prevent security issues and breakage, such as protected passwords and approved plug-ins. Buildertrend is not liable for any damage or issues caused by a user with administrative access.

9.3 No Alterations. If granted administrative access, users may not alter that access or share that access login with anyone else, including third parties. Users with administrative access also may not add or delete accounts.

9.4 Repairs. If one of your users (with or without administrative access) causes a bug or breaks the website by any means, including, for example, by attempting to implement a custom code or uploading a plug-in, Buildertrend shall not be liable or responsible for fixing the website. You may request that Buildertrend repair and return the website to a working condition and such repairs shall be billed at then applicable hourly maintenance rate to your Account.

9.5 Any individual to whom you grant administrative, editing, or contributor‑level access (“Authorized User”) is deemed to have full authority to act on your behalf. You are solely responsible for all actions taken by Authorized Users, whether or not expressly authorized by you. Buildertrend shall have no responsibility for any changes made, obligations incurred, or damage caused by an Authorized User.

9.6 You are solely responsible for purchasing, renewing, and maintaining your domain name and DNS settings. Buildertrend may assist in pointing DNS records as a courtesy, but you remain solely responsible for any domain downtime, misconfiguration, expiration, or loss of access. Buildertrend shall not be liable for any issues related to domain registration, transfer, renewal, control or changes to DNS settings.

10. Proprietary Rights.

10.1 We develop content and libraries of code that we use for various projects. We own the proprietary rights in, and will continue to own the proprietary rights in, the content we developed, including graphics and the look and feel of the website (i.e. fonts, color schemes, layouts, etc.), as well as the code we have developed previously and used in any Project, and in any code we develop in connection with producing your Project.

10.2 We may also use graphics and stock images on your website that we have purchased and licensed for use on our customer’s websites. As such, we continue to own the proprietary rights in those graphics following your termination of the Services.

10.3 Migration Rights

(a) Custom Website Customer Restrictions.

If you purchased Custom Website Services, you acknowledge that Buildertrend retains ownership of all website templates, design systems, custom layouts, structures, and code created in connection with your project. You will not receive, and Buildertrend is not obligated to provide, any export, migration, or transfer of your website or any portion thereof, other than Customer Content you supplied.

(b) Pro Website Customer Migration Rights. If you purchased Pro Website Services, then upon cancellation or termination, and provided you have paid all amounts due, Buildertrend will provide you with a onetime export consisting of (i) a static HTML/CSS copy of your published website; and (ii) copies of Customer Content you supplied. This export does not include any Buildertrend templates, proprietary code, design systems, widgets, integrations, or any stock images, fonts, or media licensed by Buildertrend. Your license to such proprietary elements ends upon termination, and any included elements remain subject to Buildertrend’s intellectual property rights. Any migration must be requested and completed prior cancellation or termination of the Services.

The migration rights granted to Pro Website customers do not apply to Custom Website customers, and no rights granted under Custom Website Services shall be interpreted to grant any migration or export rights.

10.4 You will own the proprietary rights in all of the Customer Content that you provide to us.

10.5 You grant to us and our successors a license to use your Customer Content for promotional and demonstration purposes.

10.6 If you provide Buildertrend with suggestions, ideas, enhancement requests, or other feedback relating to the Services (“Feedback”), you grant Buildertrend a perpetual, irrevocable, worldwide, royalty‑free license to use, modify, incorporate, and exploit such Feedback without restriction or obligation to you.

11. Limited Warranties

11.1 We warrant that all Services will be provided in a professional manner by qualified personnel. For website development provided on a subscription basis, we warrant that the website, as developed, will conform to the applicable requirements agreed upon by you and Buildertrend. If this warranty applies, we will fix any defects or nonconformity reported to us in writing within sixty (60) days after we complete and deliver the new or modified website to you.

11.2 EXCEPT AS EXPRESSLY PROVIDED HEREIN AND IN ANY APPLICABLE STATEMENT OF WORK, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER, AND EXPRESSLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY CLAIMS RELATING TO THE SERVICES.

11.3 Your website may include links, embedded content, scripts, forms, analytics tools, or integrations provided by third parties (“Third‑Party Services”). Buildertrend does not control, endorse, support, or guarantee any Third‑Party Services and is not responsible for their availability, performance, legality, or security. Your use of Third‑Party Services is solely between you and the applicable provider and is subject to such provider’s terms. Buildertrend shall have no liability arising from Third‑Party Services, including any errors, outages, data loss, or incompatibilities.

11.4 You are solely responsible for creating, maintaining, and securing all third‑party accounts used in connection with your website, including but not limited to domain registrar accounts, DNS hosting, email providers, analytics accounts, and social media accounts. Buildertrend is not responsible for the availability, configuration, security, or performance of such third‑party accounts and cannot provide support for issues originating outside of Buildertrend’s systems.

11.5 Buildertrend does not guarantee increases in website traffic, search‑engine rankings, lead generation, or other business outcomes. Any SEO, analytics, marketing, or performance‑related tools included in the Services are provided “as‑is” and without warranty, express or implied.

11.6 Buildertrend does not provide troubleshooting, configuration, or technical support for third‑party plug‑ins, scripts, custom code, marketing pixels, or integrations added or requested by you. Buildertrend may, in its sole discretion, remove or disable any such integration if it poses a security risk or impairs website performance.

12. Acceptable Use

You agree not to use the Services or your website to host, publish, transmit, or link to any content that is illegal, infringing, harmful, deceptive, threatening, defamatory, obscene, or otherwise objectionable; to distribute spam or malware; to circumvent security measures; to interfere with or burden Buildertrend’s systems; or to engage in any conduct that damages Buildertrend’s reputation or business. Buildertrend may suspend or terminate the Services immediately upon any suspected violation of this Section, in Buildertrend’s sole discretion.