Terms of Service

These “Terms” are a legal contract between you and Offset, and include our Privacy Policy. We may change these Terms on occasion, and your continued use of the Platform means you accept the revised Terms.

a. These Terms and Conditions (the “Terms”) are a legal agreement between you (“Licensee” or “you” and its derivatives) and Offset Technologies Pte. Ltd. (“Offset” or “we” and its derivatives). These Terms govern your use of Offset’s website at https://offsetapp.build, (the “Site”) and your access to and use of our renovation and construction management platform (the “Platform”). All references to the Platform include the Site as well. Offset’s Privacy Policy is incorporated by reference into these Terms and details how we collect, use, and protect information about individuals.

b. These Terms do not apply to any third party websites, services and applications (“Third Party Services”) that you may access through the Platform, such as payment processors or messaging applications. We are not responsible for the content or practices of Third Party Services and provide links to Third Party Services only for the convenience of our users. We encourage you to carefully review the terms of service of any Third Party Service you access through the Platform.

c. We may change these Terms at any time. When we do so, we will make a new copy of the Terms available on this page and will also inform you either through email or the administration panel of the Platform, as applicable. Any changes to the Terms will be effective immediately for new users and five (5) days after notice of such changes is posted on the Site for existing users.

You can use the Platform to manage your business. Any other use of the Platform, or attempt to copy or damage the Platform, is prohibited, and we may suspend or terminate your account in such event. You may have to pay an additional fee to access additional features that expand the functionality of the Platform.

a. License. Subject to these Terms, Offset grants you a non-exclusive, non-transferable, non-sublicensable, limited and revocable license to: (i) access and use the functionality of the Platform. The license granted in this Section 2(a) includes the right to access, use, and make a reasonable number of copies of any written descriptions of the functionality, technical requirements, or use of the Platform (collectively, “Documentation”), and (b) use any changes to the Platform made available to all Offset clients at no additional cost (each, an “Update”) when each Update is made available. Updates are applied automatically to the Platform.

b. Restrictions. Except as explicitly permitted in these Terms, you may not, directly or indirectly: (i) modify or create derivative works of the Platform; (ii) decompile, reverse engineer, or translate any portion of the Platform into human-readable form (except to the extent expressly allowed by applicable law); (iii) rent, lease, share, distribute, or sell the Platform to any third party; (iv) remove, alter or deface proprietary notices or marks in the Platform or Documentation; (v) circumvent or disable the Platform’s security, copyright protection, or license management mechanisms, (vi) interfere with the Platform’s operation; (vii) use the Platform to violate the law or the rights of any third party; or (viii) attempt to do any of the foregoing. Offset may take any actions it deems reasonable, including denying access to Users or terminating your Subscription (as defined in Section 7(a)) for any breach of this Section 2(b).

c. Additional Features. An “Add-On” is an optional Platform feature available for an additional fee. Add-Ons are not required for the proper functioning of the Platform, may be subject to additional terms, and may be added to an existing subscription to the Platform. Where Add-Ons have additional terms, you must accept such additional terms prior to accessing the Add-On.

You must create an account to access the Platform’s features. You are responsible for keeping your account credentials secure, for all acts that occur under your account, and for the acts of anyone who accesses the Platform on your behalf.

a. Accounts. To access the Platform’s app creation and management tools you must create an account (an “Account”). Every individual with such access is a “Direct User” (as opposed to End Users, who is an individual who does not have an account with Offset and engages with a Direct User through the Platform) and, unless the circumstance clearly indicates otherwise, all references to “you” in this Agreement apply to Direct Users. When you create or update an Account, you must provide information that lets us contact you and process payments through our third party payment processor. All personal information that we collect in relation to your Account is subject to our Privacy Policy; information collected by the payment processor is subject to their equivalent policy. You agree to keep all Account information accurate, current and complete for so long as you are using the Platform.

b. Security. Each Direct User must establish login credentials to access the Platform and is responsible for maintaining the confidentiality of such credentials. You must immediately inform Offset of any suspected unauthorized use of the Platform. Offset cannot and will not be liable for any loss or damage arising from a failure to safeguard Account credentials or unauthorized use of such credentials.

c. Offset is not responsible for any financial, reputational or operational losses that might result from the usage of the Platform.

We strive to keep the Platform available 24/7/365 but may suspend access for maintenance or to protect it from attacks or other threats. Online support for the Platform is available at https://app.offsetapp.build/help_center.

a. Availability. Offset will use commercially reasonable efforts to make the Platform available at all times, except for scheduled downtime and any unavailability caused by events beyond our reasonable control, such as fires, natural disasters, government actions, civil unrest, Internet service provider failures or delays, or denial of service attacks.

b. Offset will provide all Updates to the Platform and any Add-Ons applicable to your Account as and when they become available. Online documentation is available at all times at https://app.offsetapp.build/help_center.

We own the Platform and all information about its use that does not allow for the identification of individuals. You own your content. We may use any feedback you provide about the Platform or Offset without compensating you.

a. Platform. Aside from the limited license granted to you in Section 2(a), Offset retains all right, title and interest in and to the Platform, Documentation, and all Updates.

b. Direct User Content. Direct User Content refers to text, images, documents, or other materials uploaded to, or entered into, the Platform. You retain all right, title, and interest in and to your Direct User Content.

c. Usage Information. Offset owns all data regarding installation, registration, and use of the Platform, and related to Platform performance, including response times, load averages, usage statistics, and activity logs, (collectively, “Usage Information”). Usage Information does not include any personally identifiable information or End User Information, but may include aggregated information derived from Direct User Content. Usage Information is used to contribute to analytical models used by Offset, to monitor and improve the Platform, and to perform Offset’s obligations under this Agreement.

d. Marks. You and Offset each retain all right, title and interest in and to their respective trademarks, service marks, logos, name, branding, and equivalent identifiers (“Marks”). You grant Offset a limited, non-exclusive, non-transferable, sublicensable right to use your Marks on the Platform and as otherwise required to fulfill its obligations hereunder, and for attribution as set forth in Section 11(c), consistent with your standard guidelines regarding the use of the Marks. You may not use Offset Marks for any purposes, including in a way that suggests you are or endorsed by or associated with Offset in anything other than a customer relationship, or in connection with the marketing of, your Offset Sites or other services related to Offset. All permitted use of a party’s Marks hereunder will inure to the benefit of the owning party.

e. Feedback. Any feedback, comments, or suggestions you may provide regarding us, the Platform, or other services we offer (“Feedback”) is entirely voluntary and you hereby grant Offset a perpetual, irrevocable, and royalty-free right and license to use all Feedback in any lawful manner whatsoever, without any obligation to you.

We may make content or services provided by third parties available through the Platform as a convenience to our users. We are not responsible for their content or services, and recommend that you review their terms before using it.

a. Third Party Services. You are responsible for complying with the terms of use of all Third Party Services applicable to your use of the Platform. Offset is not responsible for the performance of Third Party Services. Offset will maintain compatibility of the Platform with Third Party Services accessed via the standard features of the Platform or Add-Ons as part of the support services set forth in Section 4(c).

b. Third Party Content. Offset may make content from third parties, including data provided by Third Party Services (“Third Party Content”), available via the Platform. Offset is not responsible for the accuracy or completeness of Third Party Content. If Offset is required to remove Third Party Content, or is notified that certain Third Party Content may violate applicable law or third party rights, Offset may remove such Third Party Content without notice.

Any fees for Platform Subscriptions are due in advance, are automatically charged to your credit card, and will continue until cancelled. We will charge sales tax where applicable.

a. Subscription. You need to have a paid access plan (a “Subscription”) to access the Platform. Subscription levels, features, and pricing are available at https://offsetapp.build. Fees for Subscriptions (“Subscription Fees”) are due in advance for each billing period, with the initial payment due when you add a Subscription to your Account (the “Subscription Start Date”). All Subscription Fees and other payments or credits related to your Account will be made in accordance with the charges and billing terms in effect when such payment is due or funds are received. You must provide us with a valid credit card or other payment method that we accept (“Payment Provider”), prior to starting a Subscription. You will promptly update your Account if there is any change to your payment information. Your Payment Provider agreement, and not these Terms, governs your use of the designated credit card or online transaction account. By providing your payment information, you agree that we may invoice you for all fees and charges when they become due to us (and process all payments due to you as a Seller) without additional notice or consent. We may change our fees and billing practices at any time, either by posting notice of such change on the Site or notifying you within the Platform, provided that any pre-paid fees for Services not yet completed will not be affected by such change.

b. Automatic Renewal. Subscriptions will automatically renew at the rates then in effect until cancelled as set forth in Section 9(c). By subscribing, you authorise us to charge your Payment Provider at the beginning of any subscription period. Upon renewal of your Subscription, if we do not receive payment from your Payment Provider, you will either pay all amounts due on your Account within fifteen (15) days of the date such payment was due or we may terminate your Subscription.

c. Cancellation. Subscriptions may be cancelled at any time by contacting us via email at support@offsetapp.build. Monthly Subscriptions may be terminated at any time. Annual Subscriptions will automatically renew for an additional year at the then-current price for the selected Services unless cancelled prior to the anniversary of the applicable Subscription Start Date. Cancelled Accounts will immediately lose access to paid features on the Platform and other paid Offset services upon cancellation.

We will each keep the other’s sensitive information safe, and only use it as necessary.

a. General. “Confidential Information” means non-public or proprietary information in any form disclosed by or on behalf of either party that (i) is marked or identified as “confidential” or with a similar designation, or (ii) by its nature or the circumstances of its disclosure ought reasonably to be treated as confidential. The Platform, Documentation, and Usage Information is Offset Confidential Information. Each party may have access to the other party’s Confidential Information as a result of this Agreement. Confidential Information is the sole property of the disclosing party.

b. Use. Each party will: (i) only use Confidential Information to fulfill its obligations hereunder and/or as contemplated by these Terms and the Privacy Policy; (ii) only provide access to Confidential Information on an “as-needed” basis to its personnel, agents, and/or consultants who are bound by obligations materially similar to this Section 8(b), and (iii) maintain Confidential Information using methods at least as protective as it uses to protect its own information of a similar nature, but in no event with less than a reasonable degree of care. The obligations in this Section 10(b) will apply during and for three (3) years after the Term, except in the case of Confidential Information that is a trade secret, in which case the obligations will remain in effect as long as the trade secret is maintained.

c. Exceptions. Confidential Information does not include information that is: (i) publicly available when disclosed or becomes publicly available without fault of the recipient after disclosure; (ii) rightfully learned by recipient from entities not bound to keep such information confidential, (iii) independently developed by recipient; or (iv) approved for unrestricted disclosure by the disclosing party. In addition, a recipient may disclose the other party’s Confidential Information as required by court order or applicable law (provided that, to the extent legally permissible, the recipient promptly notifies the other party of such requirement and cooperates with the other party’s reasonable efforts to prevent or limit the scope of such disclosure, at the other party's expense).

You may terminate these Terms at any time by cancelling your subscription and stopping use of the Platform. We may terminate them for your breach, including failure to pay.

a. Term. These Terms will remain in effect for so long as you access the Platform (the “Term”).

b. Termination by Offset. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of these Terms, or if we are required to do so by law (e.g., where the provision of the Platform becomes unlawful), we may, immediately and without notice, suspend or terminate your Account. We will not be liable to you or any third party for any such termination, except that, if we stop offering the Platform where required to do so by law, we will refund any prepaid Subscription Fees for the remainder of the Term then in effect within thirty (30) days of the date of termination.

c. Termination by You. Subscriptions may be cancelled at any time by contacting us via email at support@offsetapp.build. Following the termination date of your Subscription, these Terms will no longer apply to you unless (and only to the extent that) you access the Site.

d. Effect of Termination. Upon expiration or termination of this Agreement for any reason, the rights and licenses granted under this Agreement will immediately terminate. Sections 5, 8, 9(d), and 10 through 11 will survive the termination or expiration of this Agreement for any reason.

The Platform is provided without any warranty, e.g. we do not claim or guarantee legally that we are bug-free. You are responsible for all costs and damages we suffer as a result of your content or breach of these Terms. 

a. WARRANTY. THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. OFFSET MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. OFFSET DOES NOT WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR WORK WITHOUT INTERRUPTIONS.

b. LIMITATION OF LIABILITY. OFFSET SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

c. INDEMNIFICATION. You will indemnify, defend and hold Offset harmless from any claim, action, suit or proceeding made or brought against Offset arising out of or related to (a) your breach of any term of this Agreement, or (b) Direct User Content.

a. Assignment. You may not assign these Terms or any rights or obligations without Offset’s prior written consent. Subject to the foregoing, these Terms will inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. Any attempted assignment in violation of this Section 11(a) will be null and void.

b. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the remaining provisions will remain in full force and effect.

c. Attribution. We may identify you as a client in standard marketing materials, including the customer page of the Site.

d. Waiver. The waiver of a breach of any term hereof will in no way be construed as a waiver of any other term or breach hereof.

e. Entire Agreement; Modification. These Terms are the entire understanding of the parties with respect to their subject matter and supersede any previous or contemporaneous communications, whether oral or written. These Terms may be modified as set forth in Section 1(f) or in a writing signed by both parties.

f. Headings and Interpretation. Headings and the summary explanations at the beginning of each Section of these Terms are for reference only and do not affect the parties’ rights and obligations hereunder. As used herein, “may” means “has the right, but not the obligation, to”; “includes” and its variations means “includes, but is not limited to”; and “days” means calendar days, provided that obligations that would be due on a weekend or holiday will be due on the next business day following such weekend or holiday.

By using the Offset Platform, you are indicating that you have read and consent to be bound by these terms.