Terms of Service
These terms govern access to and use of BirdDog websites, applications, and hosted construction operations services.
By accessing BirdDog, you agree to these Terms and the Privacy Policy. If you use BirdDog for an organization, you represent that you are authorized to accept these Terms for that organization.
1. Accounts and authorized use
BirdDog is intended for business users who are authorized by a customer organization. You must provide accurate information, protect account credentials, use only your assigned account, and promptly report suspected unauthorized access. The customer organization controls user access, roles, and business records within its workspace.
2. The service
BirdDog provides tools for construction operations, including preconstruction, projects, workforce planning, timekeeping, documents, prefab, assets, reporting, and communications. Features may change as the service develops. Customer-specific order forms, proposals, or written agreements may include additional commercial terms and control if they conflict with these Terms.
3. Customer data
As between BirdDog and the customer, the customer retains its rights in data submitted to the service. The customer grants BirdDog the limited rights needed to host, process, transmit, back up, and display that data to provide and secure the service. The customer is responsible for having authority to submit employee, project, client, and partner information.
4. Communications
BirdDog may send service-related email, push, or SMS communications, such as account notices, assignments, schedules, approvals, safety messages, and project updates. SMS is governed by the SMS Terms. Where consent is required, BirdDog or the customer must obtain it before messaging.
5. Acceptable use
You must follow the Acceptable Use Policy. You may not use BirdDog unlawfully, interfere with the service, access another organization's data without authorization, introduce malicious code, abuse messaging features, or attempt to bypass security or permission controls.
6. Third-party services
BirdDog may connect to services selected by a customer, including accounting, payroll, storage, email, SMS, and other project systems. Third-party services are governed by their own terms and may change independently. BirdDog is not responsible for a third party's service outside BirdDog's control.
7. Construction and safety decisions
BirdDog supports operational work but does not replace professional judgment, supervision, contract review, engineering, safety programs, payroll review, or compliance with law. Users and customer organizations remain responsible for verifying schedules, field conditions, calculations, communications, and safety-critical decisions.
8. Intellectual property and feedback
BirdDog and its licensors own the service, software, designs, documentation, and related intellectual property, excluding customer data. You may not copy, reverse engineer, resell, or create derivative services except as permitted by law or a written agreement. Feedback may be used to improve BirdDog without restriction or compensation.
9. Suspension and termination
Access may be suspended or terminated for nonpayment, security risk, unlawful activity, material breach, or when required by law. Customers may stop using the service subject to any separate agreement. Data export and deletion are handled according to the customer agreement, the Privacy Policy, and applicable law.
10. Disclaimers
To the maximum extent permitted by law, BirdDog is provided on an “as available” basis. BirdDog disclaims implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement. We do not guarantee uninterrupted operation or that every error will be corrected.
11. Limitation of liability
To the maximum extent permitted by law, BirdDog will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or business opportunity. BirdDog's aggregate liability arising from the service will not exceed the amount paid for the service during the 12 months before the event giving rise to the claim, unless a separate written agreement states otherwise.
12. Governing law and changes
These Terms are governed by the laws of Colorado, without regard to conflict-of-law principles. We may update these Terms as the service changes. Continued use after an updated effective date means acceptance of the revised Terms where permitted by law.
13. Contact
BirdDog is operated by Jeremiah Minogue. Questions about these Terms can be sent to sales@birddog.works, by telephone at (719) 565-9274, or by mail at 283 W. Ben Hogan Dr., Pueblo West, CO 81007.
