Zenbild Terms of Use

Effective Date: July 14, 2026
Last Updated: July 14, 2026

These Terms of Use (the "Terms") are a binding agreement between Zenbild, Inc., a Delaware corporation ("Zenbild," "we," "us," or "our") and the entity or organization that subscribes to or accesses the Zenbild services ("Customer," "you," or "your"), together with each individual the Customer authorizes to use the services ("Authorized Users").

Who is bound. These Terms bind (a) the Customer entity and (b) each Authorized User who accesses the Service. If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" and "Customer" refer to that entity. Each Authorized User separately agrees to these Terms (or to an Authorized User-facing subset presented at first login) by accessing or using the Service.

Order of precedence. If the Customer and Zenbild have entered into a signed master subscription agreement or online order form (an "Order"), the documents govern in this order of precedence, with the earlier controlling to the extent of a conflict: (1) the signed Order; (2) any Data Processing Addendum ("DPA"); (3) these Terms; and (4) the Zenbild Privacy Policy, except where a provision of a lower-ranked document expressly states that it controls.

By creating an account, clicking "I agree," or accessing or using the Zenbild mobile application, website, or related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Overview of the Service

Zenbild provides a construction jobsite communication and task platform with an AI agent, designed to help construction and jobsite teams communicate, record, organize, and track tasks and related activity at a construction site (the "Service"). The Service may allow Authorized Users to capture and submit voice recordings, photographs and other images, text messages exchanged with other users, task records, and related jobsite information, and, where you enable it, to use device location to associate activity with the correct jobsite and to receive notifications.

The Service includes artificial intelligence ("AI") features that may search for information, transcribe voice, interpret images, translate content, provide an AI assistant, generate summaries, suggest entries, and perform actions within the Service's records and tracking system on your behalf, as further described in Section 6.

The Service is a productivity and record-keeping tool. It is not a system of record for safety compliance, engineering certification, structural or code compliance, payroll determination, or any legally required jobsite documentation, unless you independently verify and adopt the information for those purposes.

2. Eligibility

The Service is intended solely for business use by organizations and their Authorized Users. You must be at least 18 years old to use the Service. By using the Service, each Authorized User represents that they are at least 18 years of age and are using the Service in connection with their trade, business, or profession. The Service is not directed to, and may not be used by, children.

3. Accounts and Authorized Users

The Customer is responsible for: (a) configuring and managing accounts for its Authorized Users; (b) ensuring that each Authorized User complies with these Terms; (c) maintaining the confidentiality of account credentials; and (d) all activity that occurs under its accounts. You must promptly notify us of any unauthorized use of an account or any other breach of security. The Customer is responsible for obtaining all consents and providing all notices necessary for its Authorized Users (and any third parties whose voice, image, likeness, or messages may be captured) to use the Service as contemplated by these Terms, as further described in Section 9.

4. Customer Content

"Customer Content" means all data and materials that you or your Authorized Users submit to or capture through the Service, including voice recordings, images and photographs, messages, task records, and jobsite information.

As between the parties, you retain all ownership rights in Customer Content. You grant Zenbild a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, reproduce, and display Customer Content, and to create derived data, solely as necessary to (a) provide, maintain, secure, and improve the Service, (b) operate the AI features, and (c) comply with law. We handle personal information within Customer Content as described in the Zenbild Privacy Policy and any applicable DPA.

You represent and warrant that you have all rights, consents, and authority necessary to submit Customer Content and to grant the license above, including the consent of any individual whose voice, image, likeness, or messages are captured through the Service.

5. Your Responsibility to Verify All Information

This Section is a material term of these Terms.

The Service, including any output generated, retrieved, summarized, transcribed, or suggested by its AI features, is provided to assist you and may contain errors, omissions, or inaccuracies. Voice transcriptions, image interpretations, task entries, and AI-generated results may be incomplete or incorrect.

You are solely responsible for independently reviewing, verifying, and confirming the accuracy, completeness, and appropriateness of all information in the Service before relying on it or acting on it. This includes, without limitation, any task record, status, measurement, instruction, transcription, translation, summary, or action created or modified through the Service or its AI features.

You agree that:

You will not rely on the Service as the sole basis for any decision affecting safety, compliance, engineering, scheduling, payment, or legal obligations;
You will verify all jobsite-critical information through appropriate independent means;
You assume full responsibility and risk for any use of, or reliance on, the Service and its output; and
Zenbild is not responsible or liable for any error, omission, decision, action, or consequence resulting from information in the Service that you did not independently verify.

6. AI Features and Consent

The Service uses AI to search for information, transcribe voice, interpret images, translate content, provide an AI assistant, generate suggestions, and perform actions (such as creating, updating, or organizing records) within the Service's tracking system.

By using the Service, you expressly consent to the use of these AI features, including the processing of Customer Content (such as voice, images, and messages) by AI systems and by third-party AI providers engaged by Zenbild to deliver these features (identified in the Zenbild Privacy Policy).

You acknowledge and agree that:

AI output is generated automatically and may be inaccurate, incomplete, or unsuitable for your purpose;
AI features are tools that assist you and do not exercise independent professional judgment;
You are responsible for reviewing and approving all AI-generated or AI-performed results before relying on them, and you remain the decision-maker for any action taken through the Service. Any action the AI performs within the records system is subject to your review and control (human-in-the-loop);
AI systems may generate the same or similar output for other customers, and you receive no exclusive rights in any AI output; and
To the maximum extent permitted by law, Zenbild and its AI features bear no liability for any error, inaccuracy, or omission in AI output, or for any action you take or fail to take based on it.

You may not use the AI features to develop a competing product, to reverse engineer the underlying models, or in any manner that violates these Terms or applicable law.

7. Acceptable Use

You agree not to, and not to permit any Authorized User or third party to:

Use the Service in violation of any applicable law or regulation, or to infringe the rights of others;
Capture, upload, or transmit any voice, image, message, or other content without the rights and consents required to do so;
Upload unlawful, harassing, defamatory, infringing, or malicious content, or any malware;
Record or capture any individual where prohibited by law or without legally required consent;
Interfere with, disrupt, probe, or attempt to gain unauthorized access to the Service or its systems;
Reverse engineer, decompile, or attempt to derive the source code or underlying models of the Service, except to the extent such restriction is prohibited by law;
Resell, sublicense, or provide the Service to third parties except as expressly permitted; or
Use the Service to build a competing product or service.

8. User-to-User Communications

The Service may allow Authorized Users to exchange messages with one another. You are responsible for the content of all messages sent through the Service. Zenbild does not monitor messages in the ordinary course but may access, review, or remove content as necessary to operate the Service, enforce these Terms, respond to legal requests, or protect the safety of users. Messages and other communications may be retained and processed as described in the Privacy Policy.

9. Consents; Recording and Biometric Compliance

This Section is a material term of these Terms.

The Service enables the capture of voice recordings, images, and messages. Zenbild does not derive biometric identifiers (such as voiceprints or facial-geometry templates) from Customer Content: voice recordings are transcribed to text, and images are not used to generate facial-recognition templates. Even so, laws in many jurisdictions regulate the capture of voice, images, and communications, including two-party (all-party) consent recording statutes, wiretap and electronic-communications laws, and, depending on how the Customer uses the Service, biometric privacy statutes (for example, the Illinois Biometric Information Privacy Act ("BIPA") and comparable Texas and Washington laws).

The Customer covenants that, before any capture through the Service, it will:

Provide all notices and obtain all consents required by applicable law from every individual whose voice, image, likeness, or messages are or may be captured, including, to the extent the Customer's use implicates them, any consents required under biometric privacy laws;
Maintain records sufficient to demonstrate that such notices were provided and consents obtained; and
Not deploy, configure, or use the Service in any jurisdiction or in any manner that violates applicable recording-consent, wiretap, or biometric laws.

This covenant is independent of, and in addition to, the representations in Section 4. The Customer's indemnification obligation for breach of this Section is set out in Section 20 and is not subject to the limitation of liability in Section 19.

10. Intellectual Property; Feedback

The Service, including all software, designs, text, graphics, and the AI features (excluding Customer Content), and all intellectual property rights therein, are and remain the exclusive property of Zenbild and its licensors. Subject to your compliance with these Terms, Zenbild grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term. We may collect and use aggregated and de-identified data derived from use of the Service to operate, analyze, and improve our products, provided such data does not identify you or any individual.

Feedback. If you provide suggestions, ideas, or other feedback about the Service, you grant Zenbild a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate it into the Service and our products without restriction or obligation to you.

11. Third-Party Services

The Service may interoperate with or rely on third-party services, including cloud hosting, communications, and third-party AI providers. The subprocessors and AI providers Zenbild engages are identified in the Zenbild Privacy Policy. We are not responsible for third-party services, and your use of them may be subject to their own terms. We are not liable for any act or omission of a third-party provider.

12. Fees

Paid subscriptions are purchased on the Zenbild website and apply per organization; the mobile app provides jobsite access at no charge and does not process payments. If your access to the Service is subject to an Order between you and Zenbild, the fees, payment terms, and subscription term in that Order govern. In the event of a conflict between an Order and these Terms regarding fees or term, the Order controls. Billing and payment card details are handled by our subscription management and payment providers, Chargebee and Stripe, and are not stored by Zenbild.

13. Suspension

We may suspend or limit your or any Authorized User's access to the Service, in whole or in part, if we reasonably believe that (a) your use poses a security risk to the Service or any third party, (b) you are in breach of these Terms, (c) your use may subject Zenbild to liability, or (d) you have failed to pay fees when due. Except where impractical or prohibited (for example, an active security threat), we will provide notice before suspending and will restore access promptly once the cause is resolved. Suspension does not relieve you of your payment obligations.

14. Term and Termination

These Terms apply for as long as you use the Service or have an active account. You may stop using the Service at any time, and you or your Authorized Users may delete an account and associated personal data through the Service or the web, as described in the Zenbild Privacy Policy. We may suspend or terminate your access if you materially breach these Terms, fail to pay applicable fees, or as otherwise permitted in an Order. Upon termination, your right to use the Service ceases. Provisions that by their nature should survive termination will survive, including Sections 4, 5, 6, 9, 10, 18, 19, 20, 21, 22, and 24. Following termination, we will handle Customer Content as described in the Privacy Policy, any applicable DPA, and any applicable Order.

15. Copyright and DMCA Policy

Zenbild respects intellectual property rights and responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA"). If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. § 512(c)(3) to our designated agent at dmca@zenbild.com / Zenbild, Inc., Attn: DMCA Agent, 2261 Market Street, STE 70169, San Francisco, CA 94114. We may remove or disable access to allegedly infringing content and may terminate the accounts of repeat infringers in appropriate circumstances.

16. Export Controls and Sanctions

You represent and warrant that you and your Authorized Users are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and are not on any U.S. government list of prohibited or restricted parties. You will comply with all applicable export control and sanctions laws and will not export, re-export, or make the Service available in violation of those laws.

17. Data Processing

To the extent Zenbild processes personal information on the Customer's behalf, the DPA (incorporated by reference where the parties have executed one) governs that processing, including the service-provider terms required under applicable privacy laws. In the event of a conflict between the DPA and these Terms regarding the processing of personal information, the DPA controls. Zenbild's standard DPA is the Zenbild Data Processing Addendum, available on request.

18. Disclaimers

THE SERVICE, INCLUDING ALL AI FEATURES AND OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENBILD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

ZENBILD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION, TRANSCRIPTION, OR AI OUTPUT WILL BE ACCURATE, COMPLETE, OR RELIABLE. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION AS DESCRIBED IN SECTIONS 5 AND 6.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS PROVIDED IN THE CARVE-OUTS BELOW, ZENBILD AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS PROVIDED IN THE CARVE-OUTS BELOW, IN NO EVENT WILL ZENBILD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO ZENBILD FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) WHERE NO FEES WERE PAID.

Carve-outs. The exclusions and cap above do not apply to: (a) your indemnification obligations under Section 20; (b) your breach of Section 9 (Consents; Recording and Biometric Compliance); (c) your infringement or misappropriation of Zenbild's intellectual property; (d) either party's breach of its confidentiality obligations; (e) your payment obligations; or (f) liability that cannot be limited under applicable law.

THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

20. Indemnification by Customer

You will defend, indemnify, and hold harmless Zenbild and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Content; (b) your or your Authorized Users' use of the Service; (c) your breach of these Terms; (d) your breach of Section 9, including any failure to provide notices or obtain consents required to capture or submit voice, images, likeness, or messages, or to comply with recording-consent, wiretap, or biometric laws; or (e) your reliance on unverified information or AI output in violation of Sections 5 and 6.

Procedure. The indemnified party will (i) promptly notify the indemnifying party of the claim (a delay excuses the indemnifying party only to the extent it is prejudiced), (ii) give the indemnifying party sole control of the defense and settlement (provided that any settlement that imposes a non-monetary obligation on, or admits fault by, the indemnified party requires its prior written consent, not to be unreasonably withheld), and (iii) provide reasonable cooperation at the indemnifying party's expense.

21. Zenbild IP Indemnity

Zenbild will defend the Customer against third-party claims alleging that the Service, as provided by Zenbild and used in accordance with these Terms, infringes or misappropriates such third party's U.S. patent, copyright, trademark, or trade secret, and will pay damages and reasonable attorneys' fees finally awarded (or amounts in a settlement Zenbild approves). If the Service becomes, or in Zenbild's opinion is likely to become, subject to such a claim, Zenbild may, at its option and expense: (a) procure the right for the Customer to continue using the Service; (b) modify or replace the Service to make it non-infringing while preserving materially equivalent functionality; or (c) if neither is commercially reasonable, terminate the affected Service and refund any prepaid, unused fees.

Exclusions. Zenbild has no obligation under this Section for claims arising from (i) Customer Content; (ii) combination of the Service with products, data, or services not provided by Zenbild where the claim would not have arisen but for the combination; (iii) modification of the Service by anyone other than Zenbild; or (iv) use of the Service other than as permitted by these Terms. This Section states Zenbild's entire liability, and the Customer's exclusive remedy, for third-party intellectual property claims. The procedure in Section 20 applies to this indemnity.

22. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules.

Informal resolution. Before initiating arbitration, the parties will attempt in good faith to resolve any dispute informally by written notice describing the dispute and the relief sought, followed by a period of at least sixty (60) days for the parties to negotiate.

Agreement to arbitrate; FAA. This agreement to arbitrate is governed by the Federal Arbitration Act. Except as provided below, any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its applicable rules then in effect, before a single arbitrator. The seat of arbitration will be Wilmington, Delaware, and the proceedings will be conducted in English. Judgment on the award may be entered in any court of competent jurisdiction.

Delegation. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that it is void or voidable.

Carve-outs. Either party may (a) bring an individual claim in small-claims court, or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or confidential information, without first proceeding under the informal-resolution or arbitration provisions.

Jury-trial waiver. To the extent any dispute proceeds in court, each party knowingly and voluntarily waives any right to a trial by jury.

Class action waiver. To the extent permitted by law, disputes will be resolved on an individual basis only, and you waive any right to participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.

Mass-arbitration / batching. If 25 or more similar arbitration demands are submitted by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in staged batches of no more than 50 at a time (with bellwether proceedings), and that filing and arbitrator fees will be assessed per batch rather than per individual demand until the batching process concludes. Batching under this section is an administrative mechanism for sequencing and fee assessment only; it does not consolidate claims on the merits, and each claimant retains an individual claim and an individual award. All applicable statutes of limitations and contractual deadlines will be tolled for any claimant whose demand is awaiting an active batch, from the date the demand is submitted until it enters an active batch. Following the bellwether proceedings, the parties will engage in a single global mediation applying the bellwether outcomes as a reference for resolving the remaining demands; any demands not resolved in mediation will proceed in subsequent batches under the same procedure.

Fees. Each party will bear its own attorneys' fees and costs except as the applicable rules, the arbitrator, or applicable law provide otherwise. Filing and arbitration fees will be allocated in accordance with the administrator's rules.

30-day opt-out. You may opt out of this arbitration agreement (including the class-action waiver) by sending written notice to legal@zenbild.com within 30 days after first accepting these Terms. Opting out does not affect any other provision of these Terms.

Severability of dispute-resolution terms. If the mass-arbitration / batching provision is found unenforceable in any proceeding, the parties will meet and confer in good faith to adopt a fee and sequencing structure achieving substantially the same result, and the class action waiver and individual-basis requirement will remain in full force and effect. If the class action waiver is found unenforceable as to any claim, that claim will be severed and adjudicated in court, while all other claims proceed in arbitration.

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by posting the updated Terms with a new "Last Updated" date or by notifying you through the Service). Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms.

24. General

These Terms, together with any applicable Order, DPA, and the Privacy Policy, constitute the entire agreement between you and Zenbild regarding the Service and supersede all prior agreements. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship, and there are no third-party beneficiaries. Neither party is liable for any failure or delay caused by events beyond its reasonable control (force majeure), except for payment obligations. Notices may be given electronically and are effective when sent to the email address on file or, for notices to Zenbild, to legal@zenbild.com and 2261 Market Street, STE 70169, San Francisco, CA 94114. If the Service is provided to the U.S. Government, it is provided as "commercial computer software" with only the rights granted to all other users under these Terms. Headings are for convenience only and do not affect interpretation.

25. Contact

Zenbild, Inc.
2261 Market Street STE 70169
San Francisco, CA 94114
Email: legal@zenbild.com