Overview

These Terms & Conditions (“Terms”) govern your access to and use of the Rafter website and construction project management software (collectively, the “Services”) provided by Rafter (“Rafter,” “we,” “our,” or “us”).

By accessing or using the Services, creating an account, starting a free trial, or paying for a subscription, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

1. The Services

Rafter provides a cloud-based construction project management platform designed for contractors and related businesses. The Services may include project setup and tracking, daily logs, timesheets, scheduling, change order management, file storage, team and subcontractor access, client views, and related features.

We may update, improve, modify, add, or remove features from time to time at our discretion.

2. Eligibility and Accounts

You must be legally capable of entering into a binding agreement and complying with applicable laws to use the Services. The Services are intended for business use by contractors and related construction professionals.

You are responsible for:

• Providing accurate registration and account information.
• Keeping your account information current.
• Maintaining the confidentiality of your login credentials.
• All activity that occurs under your account or under accounts you authorize.

If you believe your account has been compromised, you must notify us promptly at [email protected].

3. Authorized Users

You may create or permit access for project managers, employees, subcontractors, clients, and other authorized users, subject to your subscription plan and any applicable user limits.

You are responsible for managing user access, assigning permissions appropriately, and ensuring that your authorized users comply with these Terms.

4. Acceptable Use

You agree to use the Services only for lawful business purposes and in compliance with these Terms.

You will not:

• Use the Services in violation of any law, regulation, or third-party right.
• Upload, store, or transmit unlawful, fraudulent, harmful, infringing, or defamatory content.
• Attempt to gain unauthorized access to the Services, accounts, or systems.
• Interfere with or disrupt the integrity, security, or performance of the Services.
• Reverse engineer, decompile, copy, or attempt to extract source code from the Services except where prohibited by law.
• Circumvent plan limits, access controls, or security features.
• Use the Services to distribute spam or other unsolicited communications.

5. Free Trial, Subscriptions, and Pricing

Rafter may offer a free trial period with limited or full access to the Services. Trial eligibility, length, and available features may vary and may be changed or discontinued at any time.

If you continue using Rafter after a trial period, you may be required to select a paid subscription plan. Subscription pricing, billing intervals, feature availability, and user limits are described on our website or at the time of purchase.

We may update pricing or plan details from time to time, and such changes will generally apply on a forward-looking basis.

6. Payments and Billing

We use Stripe and may use other third-party payment processors to process subscription fees and related payments.

By subscribing to a paid plan, you authorize us and our payment processor to charge your selected payment method for applicable subscription fees, taxes, and any other charges associated with your account.

If your subscription renews automatically, you authorize recurring charges unless you cancel before the next renewal date. You are responsible for keeping your billing information accurate and current.

Unless otherwise stated in writing or required by law, fees are non-refundable once charged.

7. Cancellation and Termination by You

You may cancel your subscription at any time through your account, if that functionality is available, or by contacting us.

If you cancel, you may continue to access paid features through the end of your current billing period unless otherwise stated. We are not required to provide prorated refunds for unused time except where required by law.

8. Suspension and Termination by Rafter

We may suspend or terminate your access to the Services, in whole or in part, with or without notice, if:

• You violate these Terms or any other applicable policy.
• We suspect fraud, abuse, unauthorized access, or other misuse.
• We are required to do so by law or legal process.
• We discontinue or materially change the Services.

Termination does not relieve you of any obligation to pay fees already incurred.

9. Customer Data

As between you and Rafter, you retain ownership of the project data, files, notes, schedules, records, and other information you upload or enter into the Services (“Customer Data”).

You grant Rafter a limited, non-exclusive license to host, store, process, transmit, and display Customer Data as reasonably necessary to provide, maintain, support, secure, and improve the Services.

You represent that you have all rights necessary to upload and use Customer Data in connection with the Services and that doing so does not violate any law or third-party right.

10. Rafter Intellectual Property

Rafter and its licensors retain all rights, title, and interest in and to the Services, including the software, design, branding, content, functionality, documentation, and related intellectual property.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes.

11. Availability and Changes

We work to keep the Services available and functioning properly, but we do not guarantee uninterrupted, secure, or error-free access at all times.

We may perform maintenance, updates, security work, bug fixes, or other changes that temporarily affect access or functionality.

12. No Warranties

To the fullest extent permitted by law, the Services are provided on an “as is” and “as available” basis. Rafter disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or suitable for every business use case.

13. Limitation of Liability

To the fullest extent permitted by law, Rafter will not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or business interruption, arising out of or related to the Services or these Terms.

To the fullest extent permitted by law, Rafter’s total cumulative liability arising out of or relating to the Services or these Terms will not exceed the total amount you paid to Rafter for the Services during the six (6) months immediately preceding the event giving rise to the claim.

14. Indemnification

You agree to defend, indemnify, and hold harmless Rafter and its affiliates, officers, employees, and agents from and against claims, damages, liabilities, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• Your use of the Services.
• Your Customer Data.
• Your violation of these Terms or applicable law.
• Any dispute between you and your clients, subcontractors, employees, or other third parties.

15. Governing Law and Venue

These Terms and any dispute arising out of or relating to the Services will be governed by the laws of the State of Montana, without regard to conflict of law principles.

Any legal action or proceeding arising from or relating to these Terms or the Services must be brought in the state or federal courts located in Montana, and you consent to the jurisdiction of those courts.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the effective date at the top of this page and may provide additional notice where appropriate or required by law.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the revised Terms.

17. Miscellaneous

• Entire agreement: These Terms, together with our Privacy Policy and any written order form or separate agreement, constitute the entire agreement between you and Rafter regarding the Services.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: Our failure to enforce any provision of these Terms is not a waiver of that provision.

18. Contact Us

If you have questions about these Terms or the Services, contact us at:

Rafter
Whitefish, Montana
[email protected]