Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between NORDIX LLC, a New York limited liability company (“Nordix,” “we,” “us”), and the company or organization that registers for or uses the Nordix platform (“Customer,” “you”). By creating an account, accepting an invitation to a Customer workspace, signing an order form or invoice that references these Terms, or using the Service, you agree to these Terms.

If you accept these Terms on behalf of a company, you represent that you have authority to bind that company. The Service is offered to businesses only and each user must be at least 18 years old.

• “Service” means the Nordix software-as-a-service platform for construction estimating and project management, available at nordixhq.com, including its web and mobile interfaces and related services we provide.
• “Authorized Users” means Customer’s employees and contractors whom Customer invites to access its workspace.
• “Customer Data” means all data, documents, and content that Customer or its Authorized Users submit to the Service, including estimates, job costs, contacts, and uploaded files.
• “External Collaborators” means third parties (such as general contractors, architects, engineers, and vendors) who receive emails or review links from the Service at Customer’s direction, without holding a Nordix account.
• “Free Tools” means the publicly available calculators, trackers, and reference tools at nordixhq.com/tools.

Subject to these Terms and payment of applicable fees, Nordix grants Customer a non-exclusive, non-transferable right to access and use the Service during the subscription term for Customer’s internal business purposes. Customer may permit Authorized Users to use the Service and is responsible for their compliance with these Terms and for all activity under its accounts.

You will not, and will not permit anyone to:

• resell, sublicense, or provide the Service to third parties as a service bureau or on behalf of any business other than Customer;
• reverse engineer, decompile, or attempt to extract the source code of the Service, except where such restriction is prohibited by law;
• circumvent access controls, usage limits, or security measures, or access another customer’s data;
• use automated means to scrape or bulk-extract content from the Service beyond exports the Service provides;
• upload malicious code or use the Service to store or transmit unlawful, infringing, or harmful material;
• use the Service to build a competing product.

Customer is responsible for maintaining the confidentiality of login credentials and for promptly notifying us at info@nordixhq.com of any suspected unauthorized access. The Service supports multi-factor authentication and role-based permissions; configuring these appropriately for Customer’s organization is Customer’s responsibility. Customer designates its own administrators, who control Authorized User access, roles, and permission groups within the workspace.

Fees, subscription tiers, and billing periods are set out in the applicable order form, quote, or invoice agreed between Customer and Nordix. Unless otherwise stated in writing: fees are invoiced directly by Nordix, are due within thirty (30) days of the invoice date, and are non-refundable except as expressly provided in these Terms. Fees are exclusive of taxes; Customer is responsible for all applicable sales, use, and similar taxes, excluding taxes on Nordix’s income.

If undisputed fees remain unpaid past their due date, Nordix may, after reasonable notice, suspend access to the Service until payment is received. Suspension does not relieve Customer of its payment obligations, and Customer Data is retained during suspension in accordance with Section 12.

Customer owns Customer Data. Customer grants Nordix a limited license to host, process, transmit, and display Customer Data solely as necessary to provide and support the Service, to comply with law, and as otherwise instructed by Customer.

Customer is responsible for the accuracy and legality of Customer Data and represents that it has all rights necessary to submit it to the Service, including any personal information about its employees, contacts, and business counterparties.

Aggregated data. Nordix may create and use data that has been aggregated and de-identified so that it does not identify Customer, any Authorized User, or any person — for example, anonymized industry cost benchmarks — to improve the Service and develop analytics offerings. Nordix will not publish or share aggregated data in any form that could reasonably be used to identify Customer or re-derive Customer’s confidential pricing.

Audit records. The Service maintains tamper-resistant activity and audit logs (including records of external review activity) as a core feature. Customer acknowledges that these records are retained as part of the Service’s integrity guarantees and may not be selectively edited or deleted during the subscription term.

The Service can send emails (for example, RFIs and quote requests) and secure review links (for example, submittal review pages) to External Collaborators at Customer’s direction. Customer is responsible for its instructions to send such communications and represents that it may lawfully share the associated content with the recipients. External Collaborators are not required to create accounts; their interactions (including replies, submitted responses, timestamps, and technical metadata such as IP address) are recorded in Customer’s workspace as part of the project record.

The Free Tools are provided for general informational and estimation purposes only, free of charge, and may be used without an account. They are based on published reference data and simplified methods. They are not engineering, design, or code-compliance advice, and outputs must not be relied upon for construction decisions without independent verification by a licensed professional against the applicable codes, standards, and project conditions. To the maximum extent permitted by law, Nordix disclaims all liability arising from use of, or reliance on, the Free Tools.

The Service depends on third-party infrastructure and service providers (such as cloud hosting, database, file storage, email delivery, and error monitoring providers, listed in our Privacy Policy). Nordix is not responsible for third-party services that Customer elects to use with the Service, and reasonable temporary unavailability caused by third-party providers does not constitute a breach of these Terms.

Nordix and its licensors own the Service, including all software, designs, and documentation, and all related intellectual property rights. No rights are granted except as expressly stated in these Terms. If Customer or its users provide suggestions or feedback about the Service, Nordix may use them without restriction or obligation.

Each party may receive non-public information of the other that is marked confidential or that reasonably should be understood as confidential (“Confidential Information”) — for Customer, this includes Customer Data; for Nordix, this includes non-public product information and pricing. The receiving party will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and not disclose it to third parties except to employees, advisors, and service providers bound by comparable obligations, or as required by law (with prompt notice to the other party where lawful). These obligations survive termination for three (3) years, and for Customer Data, for as long as Nordix retains it.

These Terms apply for as long as Customer has an active subscription or otherwise uses the Service. Either party may terminate for material breach if the breach is not cured within thirty (30) days of written notice. Customer may terminate at the end of its then-current billing period by written notice. Nordix may terminate or suspend immediately for violations of Section 3 (Access and Use) that threaten the security or integrity of the Service.

For thirty (30) days following termination or expiration, Nordix will, on request, make Customer Data available for export in a commercially reasonable format. After that period, Nordix will delete Customer Data from active systems within a commercially reasonable time, except for (a) minimal records of the deletion itself, (b) records we must retain by law, and (c) residual copies in backups that are deleted on the backup rotation schedule. Customers may also request full erasure as described in the Privacy Policy.

THE SERVICE AND FREE TOOLS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORDIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL NOT BE LOST. THE SERVICE IS A BUSINESS-MANAGEMENT TOOL; CUSTOMER REMAINS SOLELY RESPONSIBLE FOR ITS ESTIMATES, BIDS, CONTRACTS, AND BUSINESS DECISIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF THE FEES PAID OR PAYABLE BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITS DO NOT APPLY TO CUSTOMER’S PAYMENT OBLIGATIONS, A PARTY’S INDEMNIFICATION OBLIGATIONS, OR LIABILITY THAT CANNOT BE LIMITED BY LAW.

Customer will defend and indemnify Nordix against third-party claims arising from (a) Customer Data, (b) Customer’s instructions to contact External Collaborators, or (c) Customer’s use of the Service in violation of these Terms or applicable law. Nordix will defend and indemnify Customer against third-party claims alleging that the Service, as provided by Nordix and used as permitted, infringes a U.S. patent, copyright, or trademark, and will pay resulting damages finally awarded; if the Service is subject to such a claim, Nordix may modify it, procure rights, or terminate the affected subscription with a pro-rata refund of prepaid fees. Each indemnity is conditioned on prompt notice, control of the defense by the indemnifying party, and reasonable cooperation.

Nordix may improve or modify the Service, provided it does not materially reduce the core functionality of Customer’s subscription during a paid term. We may update these Terms from time to time; for material changes we will give notice (for example, by email or in-app notice) at least fifteen (15) days before they take effect. Continued use of the Service after the effective date constitutes acceptance. If Customer objects to a material change, it may terminate under Section 12 and receive a pro-rata refund of prepaid, unused fees.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. The state and federal courts located in the State of New York will have exclusive jurisdiction over any dispute arising out of these Terms, and each party consents to personal jurisdiction and venue there. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE.

• Notices. Legal notices to Nordix must be sent to info@nordixhq.com. Notices to Customer may be sent to the administrator email on the account.
• Assignment. Neither party may assign these Terms without the other’s consent, except to a successor in a merger, acquisition, or sale of substantially all assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
• Severability; waiver. If a provision is unenforceable, the remainder stays in effect; failure to enforce a provision is not a waiver.
• Entire agreement. These Terms, the Privacy Policy, and any mutually executed order form are the entire agreement regarding the Service and supersede prior discussions. If an executed order form conflicts with these Terms, the order form controls.