Terms of Service

These Terms of Service ("Terms") are an agreement between you and the organisation operating BuildTrack (the "Company", "we", "us", "our") — the entity named on your subscription receipt or tax invoice. They govern access to and use of BuildTrack'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 (the "Customer").

Our Privacy Policy and Data Processing Addendum ("DPA") form part of these Terms. The DPA applies to our processing of Customer Data.

1. Definitions

Authorised User means a named individual the Customer enables to access the Service with unique login credentials.

Customer Data means data the Customer and its Authorised Users submit to the Service, including jobs, project values, quotations, invoices, progress claims, variation orders, customers, suppliers, crew and team records, files, photos, notes, time and location captured through the Service, and messages processed through connected integrations.

Confidential Information means non-public information a party discloses in connection with the Service, including Customer Data, pricing, and account credentials, excluding information that is public, independently developed, or received from a third party without duty of confidence.

Order means an online checkout, order form or signed agreement that specifies plan, seats, fees and term.

2. The Service

BuildTrack 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. We may offer pre-release or beta features; those are provided as-is and may change or end without notice.

The Service is software. It is not professional construction, engineering, quantity-surveying, legal, tax or safety advice. You remain responsible for decisions made using the Service, including quotations, contracts, claims and site safety.

3. Accounts, users and access

You must provide accurate registration information and keep credentials confidential. You are responsible for all activity under your account and under the accounts of users you invite, and you must notify us promptly of any unauthorised use or suspected sharing of credentials.

Each user account (an "Authorised User") is for a single named individual identified by unique login credentials. Credentials must not be shared with, transferred to, sold to or used by anyone else, and a single account must not be used by more than one person. Every individual who accesses the Service must have their own Authorised User account. This keeps records, approvals and audit trails accurately attributed to the person who performed each action.

Where paid plans are licensed on a per-user (seat) basis, fees are calculated by the number of Authorised Users enabled on your account. You may add or remove Authorised Users through your account settings. We may monitor account usage — including concurrent sessions and device activity — to verify compliance with these Terms. If we reasonably determine that a single account is being used by more than one individual, we may require you to purchase additional seats for the affected period, suspend the account, or both.

We may suspend access without liability where reasonably needed to protect the Service, other customers, or to address non-payment, security risk, or legal requirement.

4. Customer Data

You retain ownership of Customer Data. You grant us a licence to host, process, back up and display Customer Data only as needed to provide the Service, prevent abuse, meet law, and as described in our Privacy Policy and DPA. We do not use Customer Data to improve the Service by mining your project values, invoices, customer lists or similar commercial records. We may use aggregate or de-identified usage information (for example which screens are used) to operate and improve the product.

For personal data in Customer Data about your workers, customers, suppliers or others, you are the data user / controller. You are responsible for the legality of Customer Data and for obtaining any consents or notices those people need — including for timekeeping, GPS or WhatsApp messaging you enable. You instruct us to process that personal data as your processor on the terms of the DPA.

5. Robin features

Optional Robin features may send content you choose (for example a quotation PDF, receipt image, delivery invoice, or WhatsApp enquiry text) to an AI provider so the Service can suggest fields or wording. Those suggestions are advisory; an Authorised User should review them before saving. We do not use Customer Data to train third-party, public or foundation AI models. You can choose not to use those features. When you do use them, the AI provider processes the submitted content as a subprocessor solely to generate the suggestion, as described on our subprocessors page.

6. Third-party integrations

The Service may connect to third parties you enable, including Stripe (our billing), CHIP (your customer collections), Google (sign-in, Calendar, Maps), Meta WhatsApp Business, and email delivery. Those providers’ terms and availability apply to their services. We are not responsible for outages, data handling or charges outside our control once you instruct a connection, except to the extent we fail to follow these Terms or the DPA.

7. Acceptable use

You agree not to:

• Violate law or third-party rights;
• Upload malware, attempt to breach security or probe systems without authorisation;
• Share, sell or transfer login credentials, or allow more than one individual to use a single user account (see section 3);
• 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.

8. Subscription, fees and taxes

Paid plans, fees, billing cycles and renewal terms are set out in your Order. Fees are stated exclusive or inclusive of SST or other taxes as specified. Free trials or promotional access may end or change as communicated.

Where a plan is licensed per user, fees are based on the number of Authorised Users enabled on your account (including office and crew seat classes as offered). Seat fees assume one person per Authorised User account as described in section 3. Adding Authorised Users mid-cycle is charged on a pro-rata basis for the remaining days in the current billing period, and that pro-rata amount is billed when the user is added. Removing Authorised Users mid-cycle takes effect at your next renewal; it does not create a credit or cash refund of amounts already paid for the current period. Open seats may be reassigned to other Authorised Users until that renewal.

Monthly plans renew each month. Annual plans are a prepaid 12-month term charged in advance. Cancelling turns off auto-renewal; it does not end the current term early. You keep access until the term ends, and no refund of prepaid fees for that term arises. Subscriptions renew automatically on the payment method on file unless you cancel auto-renewal before the renewal date. Late or failed payment may result in suspension of access.

9. Intellectual property and licence

The Service, branding, software and documentation are owned by us and our licensors. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription for your internal business, subject to these Terms. Except for that licence, no rights are granted. Feedback you provide may be used without obligation to you.

We will not use your name or logo in publicity without your prior consent, except to identify you as a customer with permission you later give in writing or in-product.

10. Confidentiality

Each party will use reasonable care to protect the other’s Confidential Information and use it only for the purpose of the relationship, subject to usual exceptions (public domain, independently developed, lawful receipt, or legal requirement). Customer Data is your Confidential Information. If we are legally compelled to disclose Customer Data, we will (where the law allows) challenge overbroad requests and notify you.

11. 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. Details of technical and organisational measures are on our security page. We do not warrant a particular uptime percentage unless an Order says otherwise.

12. Our intellectual property indemnity

We will defend you against a third-party claim that the BuildTrack software (excluding Customer Data, third-party integrations, and combinations you make) infringes that third party’s intellectual property rights, and we will pay damages and reasonable costs finally awarded, or agreed in a settlement we approve, subject to your prompt notice and reasonable cooperation. If such a claim arises, we may modify the Service, obtain a licence, or terminate the affected Service and refund prepaid unused fees for that portion. We have no obligation where the claim arises from your misuse, Customer Data, or use with software or data we did not supply.

13. Your 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.

14. 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.

Except for the carve-outs below, each party’s 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).

For a breach of confidentiality or a personal-data incident caused by our failure to meet the DPA or these Terms, that aggregate cap is increased to two times (2×) the fees you paid to us for the Service in that twelve-month period (or MYR 1,000 if none).

Nothing excludes or limits liability that cannot be excluded under law, including death or personal injury caused by negligence where applicable, fraud or fraudulent misrepresentation, or our obligation under section 12 (our intellectual property indemnity).

15. Term, suspension and termination

These Terms apply from first use until terminated. You may stop using the Service and cancel auto-renewal as described in section 8. We may suspend or terminate for breach, non-payment, security risk or legal requirement. Provisions that by nature should survive (including intellectual property, confidentiality, disclaimers, limitation of liability, indemnities, and the DPA’s survival clauses) will survive.

During the subscription and for 30 days after termination or expiry, you may export Customer Data that the Service makes available through ordinary in-product export of records (for example lists, PDFs and CSVs your role can download). After that 30-day window we will delete Customer Data from production systems, except backups and records we must keep for legal, tax or dispute purposes. Backup copies are overwritten in the ordinary backup cycle, typically within 90 days, unless a hold applies.

16. Changes to these Terms

We may change these Terms at any time. The updated Terms take effect when we post them on this page and update the version date. We may (but are not obliged to) also notify you by email or through the Service. Continued use of the Service after the updated Terms are posted constitutes acceptance. If you do not agree, you must stop using the Service and cancel auto-renewal; prepaid fees for the then-current term are not refunded except where required by law.

17. Force majeure, notices and export

Neither party is liable for delay or failure caused by events beyond reasonable control (including outages of underlying cloud providers, utility failure, war, epidemic or government action), provided the affected party uses reasonable efforts to resume performance.

Notices to you may be sent to the admin email on the account. Notices to us may be sent to hello@buildtrack.com.my or by phone at 011-2057-8260. Privacy requests may use hello@buildtrack.com.my.

You must not use the Service in violation of applicable export, sanctions or anti-bribery laws.

18. 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.

19. General

If any provision is invalid, the remainder remains in effect. Failure to enforce a provision is not a waiver. We may assign or transfer these Terms, and any of our rights or obligations under them, without your consent, including to an affiliate or in connection with a merger, acquisition, corporate reorganisation or sale of assets. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. Any attempted assignment by you without that consent is void. These Terms together with the Privacy Policy, the DPA and any Order constitute the entire agreement regarding the Service and supersede prior discussions on the same subject. If there is a conflict, an Order (for commercial terms) prevails over these Terms, these Terms prevail over the DPA except on processing of personal data in Customer Data (where the DPA prevails), and the Privacy Policy describes how we handle personal data but does not reduce commitments in the DPA.