Terms of Service
Updated:
These Terms of Service ("Terms") govern your access to and use of the CheckIT Platform™ and the CheckIT Engine™, including CheckIT Invoice™, CheckIT RFQ™, and any other CheckIT-branded applications or services (collectively, the "Service") provided by CheckIT Technologies Inc., a Delaware corporation, 144 Via Bandolero, Arroyo Grande, CA 93420.
Please read these Terms carefully. By clicking "I Agree," creating an account, or otherwise accessing the Service, you confirm that you have read, understood, and agreed to be bound by these Terms. If you are entering into these Terms on behalf of an organization, "you" or "Customer" refers to that organization.
1. Definitions
"Applications" — CheckIT Invoice™, CheckIT RFQ™, and any additional CheckIT applications.
"Authorized User" — an individual you authorize to access and use the Service.
"Customer Data" — all data, invoices, purchase orders, quotes, RFQs, and documents you submit to the Service, and outputs generated from that data.
"DPA" — the CheckIT Data Processing Agreement at checkitapps.com/dpa, incorporated by reference.
"Documentation" — user-facing documentation CheckIT makes available for the Service.
"Order" — the online sign-up, ordering document, or written agreement under which you subscribe.
"Platform" — the CheckIT Platform™, including the CheckIT Engine™ and supporting infrastructure.
"Privacy Policy" — the CheckIT Privacy Policy at checkitapps.com/privacy.
2. The Service
2.1 Service Description
The Platform uses OCR, machine learning, generative AI, and proprietary matching logic to ingest construction-industry financial documents, detect discrepancies, draft disputes, and provide related profit-optimization workflows.
2.2 Access and Authorized Users
Subject to these Terms and payment of applicable fees, CheckIT grants you a limited, non-exclusive, non-transferable right to access and use the Service for your internal business purposes. You are responsible for all activity under your account or by your Authorized Users.
2.3 Beta Features
Features identified as "beta," "preview," "early access," or similar ([B: "Beta Features"]) are provided "as is," may be modified or discontinued at any time, and are subject to additional terms. Service-level commitments in Section 6 do not apply to Beta Features.
2.4 Service Changes
We may update or improve the Service at any time. We will not materially decrease core functionality of a generally available paid Service during a paid term without notice and a commercially reasonable alternative.
3. Eligibility and Accounts
3.1 Eligibility
You must be at least 18 years old, located outside any country subject to U.S. embargo, and not on any U.S. government restricted-party list.
3.2 Registration and Credentials
You agree to provide accurate registration information, maintain the confidentiality of your credentials, and promptly notify us at help@checkitapps.com of any unauthorized account use.
3.3 Multi-Factor Authentication
We may require MFA for some or all accounts. Failure to comply may result in restricted access.
4. Acceptable Use
4.1 Restrictions
You will not, and will not permit any Authorized User to:
reverse-engineer, decompile, or attempt to derive source code, models, or weights from the Service;
copy, modify, translate, or create derivative works of the Service or Documentation;
use the Service to develop or improve any competing product or AI/ML system;
rent, lease, sublicense, sell, or commercially exploit the Service;
interfere with or impose an unreasonable load on the Service or infrastructure;
circumvent any access controls, rate limits, or security measures;
submit Sensitive Personal Information (SSNs, payment card numbers, government IDs, health data, biometric identifiers) unless expressly authorized by CheckIT in writing;
use the Service in violation of any applicable law, including U.S. export controls and data protection laws; or
remove or alter any proprietary notices in the Service.
4.2 Suspension
We may suspend your access to prevent harm to the Service or third parties, comply with law, address violations of these Terms, or address overdue amounts. We will use reasonable efforts to notify you in advance unless doing so would compromise security or compliance.
5. Fees, Billing, Cancellation, and Taxes
5.1 Billing Cycles
Fees are payable in U.S. dollars under [B: Monthly Prepaid] (charged at the start of each monthly cycle) or [B: Annual Prepaid] (charged at the start of each 12-month term). Your plan and billing cycle are specified at purchase.
5.2 Trial Periods
Trial subscriptions automatically convert to paid subscriptions on the stated conversion date unless cancelled before that date per Section 5.4.
5.3 Auto-Renewal
Subscriptions automatically renew for successive cycles at the then-current renewal rate. CheckIT will provide at least 30 days' advance notice of any rate change before annual renewals.
5.4 Cancellation
Cancel at any time via in-product tools or by emailing help@checkitapps.com with subject "Cancel Subscription" before the next renewal date. [B: Cancellation stops future renewals; it does not refund fees paid for the current billing period.] Access continues through the end of the current paid period.
5.5 No Refunds
Except as required by applicable law or stated in Section 13.2, all fees are non-refundable, including fees for partial periods or unused portions of the Service.
5.6 Payment Method
[You authorize CheckIT (via Stripe) to charge your designated payment method on the applicable schedule. Failed payments may result in suspension after reasonable notice.
5.7 Late Payments
Overdue amounts accrue interest at the lower of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.
5.8 Taxes
Fees are exclusive of all applicable taxes (sales, use, VAT, GST). You are responsible for all such taxes other than taxes on CheckIT's net income.
5.9 Pricing Changes
CheckIT may modify renewal fees with at least 30 days' advance written notice. You may cancel before the renewal date if you do not accept the new fees.
6. Service Availability
6.1 Target Uptime
For generally available paid subscriptions, we target 99.8% monthly uptime, excluding scheduled maintenance, Beta Features, emergency maintenance, force majeure events, and issues caused by your systems or third parties outside our control.
6.2 Maintenance
Scheduled maintenance will be communicated via in-product banner or email and, when possible, scheduled outside U.S. business hours.
7. Customer Data and Data Processing
7.1 Ownership and License
You retain all ownership rights in Customer Data. You grant CheckIT a limited, non-exclusive, royalty-free license to host, process, and transmit Customer Data solely to provide and secure the Service, prevent fraud, and comply with applicable law.
7.2 AI and Service Improvement
Third-Party AI — No Training.] OpenAI and Anthropic are contractually configured so that Customer Data is not retained and is not used to train their general-purpose AI models. They only generate transient outputs for your account.
Current Internal Practices.] The CheckIT Engine™ is rules-based and is not trained on Customer Data. CheckIT does not currently aggregate Customer Data across customers for AI/ML model training.
Future Internal AI.] Before any cross-customer aggregation or AI/ML training on Customer Data, CheckIT will (i) provide at least 30 days' advance notice; (ii) implement reasonable de-identification safeguards; (iii) not attempt re-identification; and (iv) provide an opt-out mechanism.
[Aggregated & De-Identified Data.] CheckIT may create and use de-identified or aggregated data (e.g., benchmarks, summary statistics) for any lawful business purpose. CheckIT will not attempt to re-identify such data.
7.3 Processor Role; DPA
For Customer Data containing personal information, CheckIT acts as a "service provider" or "processor" under applicable U.S. state privacy laws. The DPA at checkitapps.com/dpa governs such processing and is incorporated by reference.
7.4 Customer Responsibilities
You represent that you have all rights, consents, and authority necessary to submit Customer Data and to authorize CheckIT's processing.
7.5 Data Export and Deletion
You may export Customer Data during your subscription and for 30 days after termination. After that period, CheckIT will delete Customer Data per the DPA.
8. Artificial Intelligence and Automated Outputs
8.1 AI Outputs Are Decision Support
The Service uses AI, OCR, and rule-based logic to generate discrepancy flags, summaries, drafts, and recommendations ("AI Outputs"). [B: You remain solely responsible for any business, financial, legal, or contractual decisions you make based on AI Outputs and for verifying their accuracy before relying on them.]
8.2 No Solely-Automated Significant Decisions
[P] The Service is not designed to make, and you agree not to use it to make, solely-automated decisions about consumers that produce legal or similarly significant effects. If your use triggers ADMT requirements under California or other state law, you are responsible for compliance.
8.3 Limitations
AI Outputs may be inaccurate, incomplete, or biased. CheckIT disclaims any warranty that AI Outputs will be error-free or fit for any particular purpose, except as expressly stated in these Terms.
9. Security
We implement administrative, physical, and technical safeguards to protect Customer Data, including TLS 1.2+ encryption in transit, AES-256 encryption at rest, role-based access control, MFA for administrative access, logging, and an incident-response program. No system is 100% secure.
10. Intellectual Property
10.1 CheckIT IP
The Service, Documentation, and all related software, models, algorithms, designs, and trademarks (including CheckIT™, CheckIT Platform™, CheckIT Engine™, CheckIT Invoice™, and CheckIT RFQ™) are and remain the exclusive property of CheckIT and its licensors. All rights not expressly granted are reserved.
10.2 Feedback
If you provide Feedback about the Service, you grant CheckIT a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate the Feedback into any product without obligation or compensation to you.
10.3 Third-Party Components
The Service may include third-party or open-source components governed by their own license terms, which control over these Terms with respect to those components.
11. Confidentiality
Each party will protect the other's non-public information with at least the same care it uses for its own confidential information of like importance, and no less than reasonable care. Confidentiality obligations do not apply to information that is publicly available, independently developed, lawfully received from a third party, or required to be disclosed by law (with reasonable prior notice where permitted).
12. Term and Termination
12.1 Term
These Terms begin when you first accept them and continue until your subscription ends or these Terms are terminated.
12.2 Termination for Convenience
For monthly subscriptions, either party may terminate effective at the end of the current billing month. For annual subscriptions, termination is governed by your Order.
12.3 Termination for Cause
Either party may terminate for the other party's material breach that remains uncured for 30 days after written notice. CheckIT may terminate immediately for breach of Section 4 (Acceptable Use) or Section 10 (IP).
12.4 Effect of Termination
On termination, your right to access the Service ends. You must pay outstanding fees through the termination date, and you may export Customer Data for 30 days. Sections 1, 4.1, 5, 7.1–7.2, 7.4–7.5, 8, 10–11, 13–24 survive termination.
13. Warranties and Disclaimers
13.1 Mutual
Each party warrants that it has the legal authority to enter into these Terms.
13.2 CheckIT Limited Warranty
CheckIT warrants that, for paid generally available subscriptions, the Service will materially conform to the Documentation. Your exclusive remedy for breach is, at CheckIT's option, (a) correction of the non-conformity or (b) termination and refund of prepaid, unused fees.
13.3 Disclaimer
[EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE AND ALL AI OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHECKIT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. CHECKIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
14. Indemnification
14.1 By CheckIT
CheckIT will defend you against any third-party claim alleging that the Service, as used in accordance with these Terms, infringes a U.S. patent, copyright, or trademark, and will pay damages and reasonable attorneys' fees finally awarded. This obligation does not apply to claims arising from Customer Data, your misuse of the Service, or modification or combination not performed by CheckIT. [B: This Section states CheckIT's sole liability and your exclusive remedy for any claim of infringement.]
14.2 By Customer
You will defend CheckIT and its affiliates against any third-party claim arising from (a) Customer Data; (b) your use of the Service in violation of these Terms or applicable law; or (c) your products or services that incorporate the Service.
14.3 Procedure
Indemnification requires the indemnified party to (a) give prompt written notice; (b) grant sole control of defense and settlement; and (c) provide reasonable cooperation at the indemnifying party's expense.
15. Limitation of Liability
15.1 — Exclusion of Indirect Damages.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF DATA, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 — Cap on Direct Damages.
EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO CHECKIT FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
15.3
These limitations do not apply to (a) your obligation to pay fees; (b) indemnification obligations; (c) breach of Sections 4 or 10; or (d) liability that cannot be limited under applicable law.
16. Force Majeure
Neither party will be liable for failure or delay caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, governmental actions, labor disputes, internet or telecom failures, cyberattacks, pandemics, and outages of upstream service providers.
17. Assignment
You may not assign these Terms without CheckIT's prior written consent, except to a non-competitor successor in a merger, acquisition, or sale of substantially all assets. CheckIT may assign in connection with any such transaction. Any prohibited assignment is void.
18. Governing Law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19. Dispute Resolution; Mandatory Arbitration; Class Waiver
19.1 Informal Resolution
Before initiating arbitration, the parties will attempt in good faith to resolve any dispute within 30 days of written notice.
19.2 Binding Arbitration
Any dispute not resolved informally will be finally resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules. The seat of arbitration is San Luis Obispo County, California.
19.3 Class Action Waiver
You and CheckIT each agree that disputes will be brought in an individual capacity only, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.
19.4 Injunctive Relief
Either party may seek injunctive or other equitable relief in court for actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidentiality obligations, or Section 4.
20. Export Controls and Sanctions
You will comply with all applicable U.S. and foreign export-control and sanctions laws. You represent that you and your Authorized Users are not on any U.S. government restricted-party list and are not in any U.S.-embargoed country or region.
21. U.S. Government Customers
The Service and Documentation are "commercial items" and "commercial computer software" under applicable Federal Acquisition Regulation provisions. Use by the U.S. Government is subject only to the rights granted in these Terms.
22. Modifications to These Terms
Material changes: will be communicated at least 30 days before they take effect via email or in-product notice, with an updated "Last Updated" date and version number. Non-material changes take effect when posted. Continued use of the Service after the effective date constitutes acceptance. Changes that materially expand your obligations require active re-acceptance.
23. Notices
Notices to you will be sent to the email on your account or posted in the Service. Notices to CheckIT must be sent to help@checkitapps.com with a copy mailed to: CheckIT Technologies Inc., 144 Via Bandolero, Arroyo Grande, CA 93420. Notices are effective on receipt.
24. Miscellaneous
24.1 Entire Agreement.
These Terms, together with the Privacy Policy, DPA, and any Order, are the entire agreement between you and CheckIT regarding the Service. Order of precedence: (1) Order; (2) DPA for data protection; (3) these Terms; (4) Documentation.
24.2 No Waiver.
Failure to enforce any provision is not a waiver of that or any other provision.
24.3 Severability.
If any provision is held invalid or unenforceable, the remainder of these Terms remains in effect.
24.4 Independent Contractors.
The parties are independent contractors. These Terms do not create any agency, partnership, or employment relationship.
24.5 No Third-Party Beneficiaries.
These Terms are for the sole benefit of the parties and their permitted successors and assigns.
Contact
help@checkitapps.com
CheckIT Technologies Inc. · 144 Via Bandolero, Arroyo Grande, CA 93420
© 2026 CheckIT Technologies Inc. All rights reserved. CheckIT™, CheckIT Platform™, CheckIT Engine™, CheckIT Invoice™, and CheckIT RFQ™ are trademarks of CheckIT Technologies Inc.