Terms of Service

1. Description of Services

PCS provides construction support services, including project coordination, bidding and estimating assistance, subcontractor and crew management (via PCSCrew), and project and systems integration support (via PCSIntegra), along with related consulting services. Specific scope, deliverables, fees, and timelines for any engagement will be set out in a separate proposal, statement of work, or service agreement (each, an “Order” or “SOW”), which is incorporated into these Terms by reference. In the event of a conflict between these Terms and an Order, the Order controls solely with respect to the matters it addresses.

2. Eligibility and Accounts

To use certain features of the Services, you may need to create an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it up to date.
• Maintain the confidentiality of your login credentials and be responsible for all activity under your account.
• Notify us promptly of any unauthorized use of your account or other security breach.
• Be at least 18 years old and have the authority to bind the business or entity you represent, if applicable.

3. Client Responsibilities

When engaging PCS for construction support services, you agree to:

• Provide accurate project information, site access, documentation, and timely decisions necessary for us to perform the Services.
• Obtain and maintain all permits, licenses, insurance, and approvals required for your project, unless expressly assumed by PCS in an Order.
• Comply with applicable building codes, safety regulations, and site-specific requirements.
• Pay all fees in accordance with the applicable Order and Section 4 below.

4. Fees and Payment

Fees for Services will be specified in the applicable Order. Unless otherwise stated, invoices are due within thirty (30) days of the invoice date. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. PCS may suspend Services for accounts with overdue balances after written notice. All fees are exclusive of applicable taxes, which are your responsibility unless otherwise noted.

5. Intellectual Property

PCS retains ownership of all pre-existing tools, templates, software, methodologies, and materials used to deliver the Services. Upon full payment, you will own project-specific deliverables identified as such in an Order, excluding any PCS proprietary tools or third-party materials embedded within them, for which PCS grants you a non-exclusive, non-transferable license to use for your internal project purposes. You retain ownership of materials, drawings, and data you provide to us (“Client Materials”) and grant PCS a license to use Client Materials solely to perform the Services.

6. Confidentiality

Each party agrees to protect the other party's non-public business, technical, and project information (“Confidential Information”) with the same degree of care it uses to protect its own confidential information, and not less than reasonable care. This obligation does not apply to information that is or becomes public through no fault of the receiving party, is independently developed, or is required to be disclosed by law, provided reasonable notice is given where legally permitted.

7. Disclaimers

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, PCS disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. PCS does not guarantee that project estimates, bids, or schedules will be free of error or that any particular project outcome will be achieved. You remain responsible for independent verification of critical project, safety, and regulatory requirements.

8. Limitation of Liability

To the fullest extent permitted by law, PCS and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, or data, arising out of or related to the Services or these Terms. PCS's total aggregate liability for any claim arising out of or related to the Services will not exceed the fees paid by you to PCS for the Services giving rise to the claim in the twelve (12) months preceding the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

9. Indemnification

You agree to indemnify, defend, and hold harmless PCS and its officers, employees, and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your violation of applicable law, or the inaccuracy of information you provide, except to the extent caused by PCS's negligence or willful misconduct.

10. Termination

Either party may terminate an Order in accordance with its terms. We may suspend or terminate your access to the Services if you materially breach these Terms and fail to cure such breach within fifteen (15) days of written notice, or immediately for non-payment, suspected fraud, or conduct that poses a security or safety risk. Sections that by their nature should survive termination (including Sections 5, 6, 7, 8, 9, and 11) will survive.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the state and federal courts located in Denver, Colorado, and each party consents to personal jurisdiction and venue there. The parties will first attempt to resolve any dispute through good-faith negotiation before initiating formal proceedings.

12. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices, Services, or legal requirements. We will post the revised Terms on the Site with an updated “Last Updated” date. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms. Material changes affecting an active Order will not apply retroactively without mutual agreement.

13. General Provisions

• Entire Agreement: These Terms, together with any applicable Order, constitute the entire agreement between you and PCS regarding the Services.
• Severability: If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Failure to enforce any provision is not a waiver of our right to enforce it later.
• Assignment: You may not assign these Terms without our prior written consent; PCS may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force Majeure: Neither party is liable for delays or failures due to causes beyond its reasonable control.

14. Contact Us

Questions about these Terms can be directed to: