Terms of Use
1. Acceptance of Terms
By creating an account, accessing, or using Construction AI Billing (the "Service"), you agree to these Terms of Use and our Privacy Policy. These Terms apply to all users, including general contractors, subcontractors, project owners, and any other individuals or organizations using the Service.
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting an updated version or by email. Your continued use of the Service after any change constitutes acceptance of the updated Terms. If you do not agree with new terms, you may terminate your account.
2. Description of Service
Construction AI Billing is a web-based platform that helps general contractors and construction professionals create AIA G702/G703 pay applications, manage Schedules of Values, track retainage, and generate billing documents. The Service is provided by Varshyl Inc., a California-based company.
We may modify, suspend, or discontinue any part of the Service at any time. We may also introduce new features, impose usage limits, or restrict access to parts of the Service, at our sole discretion.
3. Account Registration and Security
To use the Service, you must register for an account by providing your name, a valid email address, and a password. You represent and warrant that all information you provide is accurate and truthful, and you agree to keep it current.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer your account to any other person or entity. Varshyl reserves the right to terminate accounts, refuse registration, or revoke access at its sole discretion, including for suspected unauthorized use or violation of these Terms.
4. Eligibility
You must be at least 18 years old to use the Service. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity throughout.
This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
5. Fees and Payment
Access to certain features of Construction AI Billing may be free during promotional periods or beta phases. Varshyl reserves the right to introduce paid tiers or subscription fees for any part of the Service. You will receive advance notice before any fees apply to your account.
If paid plans are introduced and you subscribe, you agree to pay all applicable fees. Cancellation of a paid subscription can be effected by written notice to support@varshyl.com. Any transaction reversal within 24 hours of payment may be subject to a banking and processing charge of up to 3%. Credit will be issued through the same payment method within 7 business days.
6. Your Content and Data
You retain ownership of all project data, Schedules of Values, pay applications, and other content you upload or create using the Service ("User Content"). By using the Service, you grant Varshyl a limited, non-exclusive, royalty-free license to store, process, and display your User Content solely to provide the Service to you.
Varshyl will not use your project data or financial information to train AI models, sell to third parties, or share with competitors. See our Privacy Policy for full details.
You are solely responsible for the accuracy of all data you enter, including Schedule of Values line items, percentages complete, change orders, and retainage figures. Varshyl is not responsible for errors, omissions, or incorrect outputs resulting from inaccurate input data.
7. Important Disclaimer — Lien Documents and Legal Forms
Construction AI Billing is a software tool designed to help you format and generate AIA-style billing documents. The Service does not provide legal advice, and no output from the Service constitutes legal advice. Lien waivers, preliminary notices, pay applications, and any other legally significant documents generated by or stored in the Service are provided as administrative templates only.
You are solely responsible for ensuring that any lien documents, pay applications, or other construction documents generated using the Service comply with applicable federal, state, and local law, and with the specific requirements of your contracts. You should consult a licensed attorney before relying on any document for legal purposes.
Varshyl Inc. expressly disclaims all liability for any legal consequences arising from your use of documents generated by the Service.
8. Your Responsibilities and Restrictions
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party rights
- Upload false, misleading, or fraudulent project data
- Attempt to gain unauthorized access to other users' accounts or data
- Scrape, crawl, or extract data from the Service using automated means
- Reverse-engineer, decompile, or attempt to obtain source code of the Service
- Upload malware, viruses, or any harmful code
- Interfere with the proper functioning or security of the Service
- Impersonate another person or use a name or email that belongs to someone else without authorization
- Use the Service for any unlawful purpose or in any way that violates these Terms
Varshyl reserves the right to suspend or terminate your access immediately if you violate any of these restrictions, without warning or prior notice.
9. Intellectual Property
All elements of the Service — including software, design, trademarks, logos, and content created by Varshyl — are owned by or licensed to Varshyl Inc. and are protected by intellectual property laws. Nothing in these Terms grants you any right to use Varshyl's trademarks, logos, or proprietary content without express written permission.
You may use outputs generated by the Service (such as pay application PDFs) for your own internal business purposes in accordance with these Terms.
10. Copyright Dispute Policy
Varshyl respects the intellectual property rights of others. Under the Digital Millennium Copyright Act (DMCA), we have the right, but not the obligation, to remove content that allegedly infringes on someone's copyright. We reserve the right to terminate the accounts of repeat infringers. To report alleged copyright infringement, contact us at support@varshyl.com.
11. Warranty Disclaimer
The Service is provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Varshyl expressly disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
Varshyl does not warrant that the Service will meet your specific requirements, that outputs will be free from errors, or that the Service will be continuously available. Your use of the Service is at your sole risk.
12. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Varshyl Inc., its officers, directors, employees, or agents be liable for:
- Any amount in the aggregate in excess of the greater of $100 or the fees paid by you to Varshyl in the 12 months preceding the applicable claim
- Any indirect, incidental, punitive, or consequential damages of any kind
- Loss of data, revenue, profits, or business opportunities
- Any matter beyond Varshyl's reasonable control, including mechanical, electronic, or communications failure
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
13. Indemnification
You agree to indemnify, defend, and hold harmless Varshyl Inc. and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way related to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.
14. Termination
These Terms remain in effect while you use the Service. You may terminate your account at any time by contacting us at support@varshyl.com. Varshyl may suspend or terminate your access at any time, for any reason (including without cause), without prior notice. Upon termination, your right to access and use the Service will immediately cease.
All provisions that by their nature should survive termination will survive, including intellectual property, warranty disclaimers, indemnification, and limitation of liability.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising from or relating to these Terms or the Service will be finally settled by binding arbitration in San Jose, California, under the Arbitration Rules and Procedures of JAMS, in the English language, by one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Class Action Waiver: By agreeing to these Terms, you acknowledge that you may not participate in a class action lawsuit or class-wide arbitration, either as a class representative, class member, or class opponent.
Nothing in this section limits your right to bring an individual action in small claims court for disputes within the court's jurisdiction.
16. Miscellaneous
If any provision of these Terms is found unenforceable or invalid, it will be limited to the minimum extent necessary, and the remaining provisions will continue in full force. Varshyl's failure to enforce any provision is not a waiver of its rights. These Terms constitute the entire agreement between you and Varshyl regarding the Service and supersede all prior written and oral agreements.
These Terms are not assignable or transferable by you without Varshyl's prior written consent. Varshyl may assign or transfer these Terms without restriction. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms.
17. Contact Us
If you have questions about these Terms, please contact us:
- Email: support@varshyl.com
- Website: constructinv.varshyl.com
- Company: Varshyl Inc., California, USA