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End-User Services Agreement

Effective June 29, 2026 · Version 2026-06-29

The Construction App Inc. has developed The Construction App, a suite of mobile and web applications offered as software-as-a-service for managing construction projects, sites, and crews (the "Solution").

By using or installing the Solution, you ("you" or the "User") accept this End-User Services Agreement ("EUSA") and agree that it is incorporated by reference into your access to the Solution. This EUSA includes the choice-of-law provisions set out below and is supplemented by the Privacy Policy and the Acceptable Use Policy.

2.1 Scope

(a) You are an employee, agent, or permitted third-party contractor of an organization (a "Customer") that has agreed with us to use the Solution under our Terms & Conditions.

(b) You will access the Solution through one or more of: the App; the Site at theconstructionapp.app; and any associated portal or integration we make available.

2.2 How you may use the Solution

(a) Subject to this EUSA, you are granted a personal, limited, non-exclusive, non-transferable, revocable right to use the Solution for the purposes for which your Customer has provisioned access to you.

(b) The Solution is structured for access by Customer organization and on a project-by-project basis. Your Customer determines what projects, sites, and data you can access.

(c) You are responsible for the content and messages you submit through the Solution. You agree that you will only submit content that is lawful, accurate to the best of your knowledge, and appropriate for a professional construction-management context.

(d) We may need to collect certain personal information from you in order to provide the Solution. If you do not provide that information, we (or your Customer) may be unable to provide the Solution to you. Your information is handled in accordance with the Privacy Policy.

2.3 Things you may do

Examples of permitted activities (subject to your Customer's policies) include:

  • logging daily site activities, time entries, and task progress;
  • posting photos, documents, and messages relevant to your work, with respect and good intention;
  • contributing to project tracking, inspections, safety reports, and similar workflows;
  • commenting respectfully and constructively on shared content;
  • keeping your account information and contact details current; and
  • inviting or involving other authorized individuals where your Customer's permissions allow.

2.4 Things you must not do

You agree that you will not:

  • post content that defames, harasses, or discriminates against any person or group;
  • use the Solution to generate revenue from third parties (for example, charging others to use features on your behalf);
  • create fictitious or knowingly false records, time entries, inspections, or safety reports;
  • misrepresent the actions, statements, work, or projects of any other person or company;
  • post coarse, profane, or sexually explicit content;
  • disclose confidential or proprietary information of your Customer, its clients, or any third party in violation of an obligation of confidentiality;
  • log in from a device you are not authorized to use, or share or use account credentials that are not yours; or
  • attempt to access, scrape, copy, or interfere with parts of the Solution you are not authorized to access.

2.5 Ownership

You are granted a limited license to access and personally use the Solution. This license does not include any right to resell or commercially exploit the Solution; to make derivative works from the Solution; or to use data-mining, scraping, robots, or similar tools against the Solution. The Solution is licensed, not sold, and all elements of the Solution are owned by the Company. You may use the Solution only while authorized by an active Customer account; once that authorization ends, you may no longer use the Solution.

2.6 Limitation of Liability

You acknowledge that the Solution is provided on an "as is" and "as available" basis. Content or messages you submit may fail to post, may be edited or deleted by your Customer's administrators, or may be lost due to technical issues.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE TO YOU (OR ANYONE CLAIMING THROUGH YOU) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SOLUTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR RELATED TO (A) ERRORS OR OMISSIONS IN THE SOLUTION OR ITS CONTENT, (B) THIRD-PARTY COMMUNICATIONS, (C) THIRD-PARTY PLATFORMS, WEBSITES, OR CONTENT ACCESSED THROUGH LINKS IN THE SOLUTION, (D) UNAVAILABILITY OF THE SOLUTION, (E) YOUR USE OF THE SOLUTION, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SOLUTION.

2.7 Choice of Law

This EUSA, and any dispute arising out of or in connection with it or your use of the Solution, is governed by the laws of the Yukon Territory and the federal laws of Canada applicable therein. The parties submit to the exclusive jurisdiction of the courts of the Yukon Territory.

2.8 Changes

We may update this EUSA from time to time — for example, when laws or features change, or to maintain security. If a change materially affects your rights or obligations, we will notify you through the Solution or by email. Continued use of the Solution after the change takes effect constitutes acceptance of the updated EUSA.