Terms of Service

Agreement to Terms

By accessing or using BomLog ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all visitors, users, administrators, and other parties who access or use the Service. Your continued use of the Service following any modifications to these Terms constitutes acceptance of those modifications.

Description of Service

BomLog is a cloud-based material management platform designed for construction contractors and their field teams. The Service enables users to create and track material requests, coordinate vendor ordering, manage delivery logistics, and maintain audit records across job sites. BomLog is a workflow coordination tool — it does not guarantee the actions, timeliness, or performance of any vendor, supplier, or third party whose information is entered into the Service.

User Accounts

When you create an account, you must provide accurate, complete, and current information. You agree to update your account information promptly if it changes. You are solely responsible for:

Maintaining the confidentiality of your account credentials
All activity that occurs under your account
Notifying us immediately of any unauthorized access to or use of your account at support@bomlog.com

BomLog will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. You may not share your account credentials with others or allow multiple individuals to access the Service under a single account.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Service in any way that violates applicable federal, state, or local laws or regulations
Transmit any content that is unlawful, harmful, defamatory, or otherwise objectionable
Attempt to gain unauthorized access to any portion of the Service or its related systems
Introduce any malicious code, viruses, or harmful data into the Service
Interfere with or disrupt the integrity or performance of the Service or its infrastructure
Reverse engineer, decompile, or disassemble any component of the Service
Use the Service to develop a competing product or service
Scrape, harvest, or collect data from the Service without our express written permission
Impersonate any person or entity or misrepresent your affiliation with any person or entity

Intellectual Property

The Service and all of its content, features, functionality, source code, design, trademarks, and trade names are and will remain the exclusive intellectual property of BomLog and are protected by applicable copyright, trademark, patent, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in or to the Service or BomLog's intellectual property other than the limited license to use the Service as expressly set forth herein.

User Content

You retain full ownership of all content you submit to the Service, including material requests, purchase orders, comments, and photos ("User Content"). By submitting User Content, you grant BomLog a limited, non-exclusive, worldwide, royalty-free license to store, process, and display such content solely as necessary to provide and operate the Service for you and your organization. This license terminates upon deletion of your account or the relevant content, subject to our data retention policy.

You represent and warrant that you own or have the necessary rights to submit all User Content and that your User Content does not violate the rights of any third party.

Payment Terms

Access to certain features of the Service requires a paid subscription. By subscribing, you authorize BomLog to charge the applicable fees to your designated payment method on a recurring basis. All fees are stated in U.S. dollars. Except as required by applicable law, all fees paid are non-refundable. We reserve the right to modify our pricing with at least 30 days written notice to subscribers. If you do not accept a pricing change, your sole remedy is to cancel your subscription before the change takes effect.

Any setup fees, implementation fees, or professional services fees are non-refundable upon commencement of service.

Service Availability and Support

BomLog will make reasonable commercial efforts to maintain Service availability. We do not guarantee uninterrupted, error-free access to the Service. The Service may be temporarily unavailable due to scheduled maintenance, emergency maintenance, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance that may affect Service availability. BomLog is not liable for any loss or damage resulting from downtime or unavailability of the Service.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. BOMLOG DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BOMLOG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE.

BomLog is a workflow coordination tool. We make no representations about the completeness, accuracy, or timeliness of material requests, vendor acknowledgments, delivery records, or any other data entered into or generated by the Service. You are solely responsible for verifying material quantities, vendor commitments, and delivery confirmations through your own processes.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BOMLOG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF BOMLOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

To the maximum extent permitted by applicable law, BomLog's total cumulative liability to you for all claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the total amount you paid to BomLog in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred dollars ($100.00). The foregoing limitations apply regardless of the form of action, whether based in contract, tort, negligence, strict liability, or otherwise.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless BomLog and its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) any claim that your User Content caused damage to a third party.

Force Majeure

BomLog shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, pandemic, shortage of transportation, fuel, energy, labor, or materials, or failure of third-party service providers including internet service providers, cloud infrastructure providers, and payment processors.

Termination

BomLog may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. You may terminate your account at any time by contacting us at support@bomlog.com. Upon termination, your right to use the Service will cease immediately. You may submit a data export request within 30 days of account termination, after which your data will be permanently deleted in accordance with our data retention policy. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and BomLog agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be resolved exclusively by binding individual arbitration, except that either party may bring an individual action in small claims court. The arbitration will be conducted under the rules of the American Arbitration Association ("AAA") then in effect, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in St. Louis County, Missouri, unless you and BomLog agree otherwise.

Class Action Waiver: You and BomLog agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative action. Unless both you and BomLog agree otherwise, no arbitrator may consolidate more than one person's claims or otherwise preside over any form of representative or class proceeding.

You and BomLog agree to first attempt to resolve any dispute informally by contacting us at support@bomlog.com. If the dispute is not resolved within 30 days of informal notice, either party may initiate arbitration as described above.

Governing Law

These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. To the extent any matter is not subject to arbitration under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in St. Louis County, Missouri.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it will be severed from these Terms. The remaining provisions will continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and BomLog with respect to the Service and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written, between you and BomLog relating to the Service. No failure to exercise, and no delay in exercising, any right or remedy under these Terms will constitute a waiver of that right or remedy.

Changes to Terms

We reserve the right to modify these Terms at any time. If a revision is material, we will provide at least 30 days written notice prior to the new terms taking effect, either by email or by posting a prominent notice on the Service. Material changes will be determined at our sole reasonable discretion. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.

Contact Us

If you have any questions about these Terms, please contact us:

BomLog

Email: support@bomlog.com