Terms of Service — FieldPE
1. Agreement and parties
These Terms govern access to FieldPE (the "Service"), provided by Kashi LLC, a Florida limited liability company ("Kashi", "we", "us"). "Customer" means the company that subscribes to the Service. "Authorized User" means a person the Customer permits to use the Service under the Customer's subscription.
The Customer accepts these Terms when a person creating its workspace confirms acceptance, or when the Customer or any Authorized User uses the Service. The person accepting represents that they have authority to bind the Customer.
Where the Customer has signed a separate written agreement or order form with us, that document controls and these Terms fill any gaps.
2. What the Service is, and what it is not
FieldPE reads project correspondence and records from a connected Procore project and prepares draft RFIs, submittal reviews, change orders, and scopes of work, grounded in the project's own drawings and specifications. Where FieldPE is confident of the project and the sender, it creates the draft in the Customer's Procore project as a draft; otherwise it holds the draft for an Authorized User to place. A draft is not issued or sent to anyone. An Authorized User reviews and approves each draft before it is issued, and that approval is what sends anything to an architect, owner, subcontractor, or other third party.
FieldPE output is AI-generated draft content. It is not engineering, architectural, legal, financial, or other professional advice, and it does not replace the judgment of a licensed professional. Drafts may be incomplete, may misread a document, and may state something confidently that is wrong. The Customer is solely responsible for reviewing, correcting, and approving any content before it is issued, sent, or relied upon. Draft records the Service creates in the Customer's Procore project are part of that content.
Nothing the Service prepares is issued, submitted, or sent to a third party without a deliberate human action. The Customer must not configure, script, or otherwise operate the Service so as to remove that review step.
3. No construction or design responsibility
We are a software provider only. We are not a contractor, construction manager, architect, engineer, or design professional of record for any project, and we do not perform or supervise any construction, design, inspection, or safety function.
The Customer and its project participants remain solely responsible for:
- the design, means, methods, sequencing, and safety of the work;
- compliance with building codes, permits, specifications, and contract documents;
- pricing, schedule, change order values, and payment decisions;
- responses to RFIs and submittals, and any approval, rejection, or direction given to a subcontractor, supplier, owner, or design professional.
We are not a party to, and have no responsibility for, any contract or dispute between the Customer and any owner, subcontractor, supplier, design professional, or other project participant, including any claim for delay, defective work, cost overrun, or personal injury, whether or not the Service was used in connection with it.
4. Procore and other connected platforms
The Service requires an active Procore subscription held by the Customer. It is not a substitute for Procore and cannot access anything the connecting Authorized User's own Procore account cannot access.
Procore, Google, Microsoft, and other connected platforms are independent third parties. We do not control their availability, their APIs, their pricing, or their terms, and changes to any of those may reduce or interrupt the Service's functionality. We will make reasonable efforts to adapt, but a change by a third-party platform that removes capability we depend on is not a breach of these Terms. The Customer's use of those platforms is governed by its own agreements with them.
The Customer represents that it is entitled to connect the accounts it connects and to have the Service process the project data and correspondence involved, and that it has obtained any notices and consents required for that processing, including from any project owner, architect, engineer, or subcontractor whose material appears in it.
5. Subscriptions, plans, and Active Projects
The Service is sold as a subscription in tiers. Fees are charged per Active Project, per month. The tier the Customer buys determines which tools are available and the per-project rate. Current tiers and rates are published on our pricing page and are enforced by the Service itself.
An "Active Project" means a Procore project the Customer has switched on in the Service. Switching a project on is a deliberate action taken by the Customer; a project the Customer has not switched on is not billable.
- Authorized Users are unlimited on every tier. We do not charge per person, per device, or per concurrent session. Authorized Users must not share sign-in credentials.
- The Customer's subscription carries an agreed number of Active Projects. Switching on more than that number requires increasing the subscription.
- Switching a project off stops it being billable from the next billing period; it does not refund the current one, and it does not delete anything (see Section 13).
- Tools outside the Customer's tier are visible but do not open. This is not a defect.
- We may change published rates on thirty (30) days' notice, effective at the start of the next billing period. Existing paid periods are not repriced.
6. Free trial
A new workspace may receive a free trial for the period shown at signup (currently fourteen (14) days). No payment method is required to start a trial.
- When the trial ends without a paid subscription, the workspace becomes read-only: existing records remain readable and nothing new files. Data is kept and handled as described in the Privacy Policy.
- We may change, shorten, or end trials, and may decline to offer one, at our discretion.
- During a trial the Service is provided "as is", without any warranty, indemnity, or support commitment from us, and our total liability relating to a trial is limited to one hundred US dollars (US$100).
7. Billing, renewal, and cancellation
Subscriptions are billed in advance through our payment processor. We do not receive or store payment card details; the processor collects them on its own systems. The Customer authorizes us and our payment processor to charge the payment method on file for all fees when due.
- Subscriptions renew automatically for successive periods unless cancelled before the end of the current period.
- Cancellation takes effect at the end of the paid period. The Customer keeps access until then.
- Fees already paid are non-refundable except where required by law, or where we terminate for our own convenience under Section 17, in which case unused prepaid fees are refunded pro rata.
- Fees are exclusive of taxes. The Customer is responsible for applicable taxes other than taxes on our income.
- The Customer must raise any billing dispute in writing within sixty (60) days of the charge, or the charge is final.
If a payment fails, we will notify the Customer and may place the workspace in a limited state in which existing records remain readable but nothing new files. If the failure is not resolved, we may suspend access under Section 17. Suspension does not delete data, and reinstating payment restores access.
8. Changing plans
The Customer may upgrade or downgrade at any time, and the change takes effect immediately.
Downgrading does not delete anything. Tools outside the new tier stop opening, and records created while on the higher tier remain stored and remain exportable under Section 13. Because Authorized Users are unlimited on every tier, a change of plan never requires removing anybody from the team.
Changing the number of Active Projects takes effect on the next billing period. Adding a project mid-period is billed pro rata for the remainder of that period.
9. Customer Data and ownership
"Customer Data" means everything the Customer or its Authorized Users connect, upload, route in, or generate through the Service — project records read from Procore, drawings and specifications, correspondence and attachments, uploaded documents, and the drafts the Service produces from them.
The Customer owns its Customer Data. We claim no ownership of it and acquire no rights in it beyond the limited licence in Section 10. Drafts the Service produces from Customer Data are Customer Data, and the Customer owns the output it approves and files.
We and our licensors own the Service itself — its software, models of our own, prompts, interfaces, and design, and all improvements to them — and nothing here transfers any right in it. Feedback the Customer or its Authorized Users choose to send us about the Service may be used without restriction or obligation.
10. The licence we need, and its limits
The Customer grants us a non-exclusive, worldwide licence to host, copy, transmit, display, and process Customer Data solely to provide, secure, and support the Service for that Customer and to comply with law. It ends when the Customer Data is deleted.
We will not:
- use Customer Data to train, fine-tune, or otherwise improve any machine-learning model, whether ours or a third party's;
- disclose Customer Data to any other customer, or use one customer's data to serve another;
- sell, rent, or share Customer Data for advertising or any similar purpose;
- access Customer Data except as needed to operate the Service, to investigate a support request or a security incident, or where legally compelled.
Where we use a third-party AI provider to generate drafts, the provider's terms prohibit training on content submitted through its API. Our current providers are listed in the Privacy Policy.
Aggregated, de-identified operational statistics — request volumes, error rates, feature usage — may be used to run and improve the Service, provided they cannot reasonably identify the Customer, any person, or any project.
11. Confidentiality
Each party may receive the other's confidential information. Customer Data is the Customer's confidential information; the Service, its pricing not published by us, and any non-public information about it are ours. Each party will protect the other's confidential information with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel, contractors, and service providers bound by comparable obligations. These duties do not apply to information that is public through no fault of the recipient, was already known without duty, is received from a third party without duty, or is independently developed. Where disclosure is legally compelled, the recipient will give notice where lawfully able.
12. Authorized Users, accounts, and acceptable use
Access requires sign-in through a supported identity provider (currently Google or Microsoft) and is limited to addresses a Customer administrator has added. The Customer is responsible for who it adds, for all activity under its workspace, for the acts and omissions of its Authorized Users as if they were its own, and for promptly removing anyone who should no longer have access. The Customer will notify us promptly of any suspected unauthorized access to its workspace.
The Customer and its Authorized Users will not:
- use the Service in violation of any law, or to infringe or misappropriate anyone's rights;
- upload malware, attempt to breach access controls, probe or load-test the Service without our written consent, or attempt to access another customer's data;
- reverse-engineer, copy, or scrape the Service, or use it or its output to build or train a competing product or model;
- resell, sublicense, or provide the Service to a third party except as a service to the Customer's own construction projects;
- remove or defeat the human review step, or present AI-generated drafts as human-authored professional work product where doing so would be deceptive, unlawful, or in breach of a professional obligation;
- send unsolicited bulk email through the Service, or use it to send content that is unlawful, defamatory, or harassing;
- upload content the Customer lacks the rights to process, or use the Service to process categories of sensitive personal data it is not designed for (see the Privacy Policy).
13. Data export and deletion
A Customer administrator may request, at any time and without giving a reason, an export of the Customer Data held in the Service in a machine-readable format, or the permanent deletion of its workspace and everything in it, by writing to the address in Section 21. We will verify the request and complete it within a reasonable time. Deletion is irreversible.
On termination for any reason, the Customer may request an export for thirty (30) days. After that period we have no obligation to retain Customer Data and may delete it as set out in the Privacy Policy, except where retention is legally required. Data in Procore and in the Customer's own mailboxes is held by those providers and is not affected by deletion from the Service.
14. Availability and support
We aim to keep the Service available and will give advance notice of planned maintenance where practical. These Terms include no service level commitment, and the Service may be unavailable due to maintenance, a third-party platform, or events outside our control.
Support is provided by email to the address in Section 21 on a commercially reasonable basis.
15. Roadmap and unreleased features
The Service may display tools that are not built, marked as such. Nothing unreleased is part of any subscription, no fee is charged for it, and we make no commitment about whether or when it will ship or which tier it will land in. The Customer must not rely on an unreleased feature in deciding to subscribe. We may add, change, or remove features of the Service, provided we do not materially reduce the core functionality of a paid tier during a paid period.
16. Disclaimers
EXCEPT AS EXPRESSLY STATED, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI-GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, CURRENT, COMPLIANT WITH ANY CODE, CONTRACT, OR SPECIFICATION, OR SUITABLE FOR ANY PARTICULAR PURPOSE. AI OUTPUT MAY BE INCORRECT AND MUST BE VERIFIED BY A COMPETENT PERSON BEFORE IT IS FILED OR RELIED ON. SIMILAR OR IDENTICAL OUTPUT MAY BE GENERATED FOR OTHER CUSTOMERS, AND WE MAKE NO WARRANTY THAT OUTPUT IS ORIGINAL OR THAT IT DOES NOT INFRINGE A THIRD PARTY'S RIGHTS. WE ARE NOT RESPONSIBLE FOR THIRD-PARTY PLATFORMS, EMAIL DELIVERY, OR THE CONTENT OF MESSAGES SENT OR RECEIVED THROUGH THE SERVICE.
17. Suspension and termination
The Customer may terminate at any time by cancelling its subscription.
We may suspend access to all or part of the Service immediately, without liability, if we reasonably believe that: the Customer or an Authorized User is in breach of Section 12; the use poses a security risk to the Service or any other customer; the use may subject us or any third party to liability or legal harm; or suspension is required by law or by a connected platform. We will restore access once the cause is resolved, and will give notice where practical.
We may terminate for material breach of these Terms that is not cured within fifteen (15) days of notice, for non-payment under Section 7, or immediately where required by law. We may terminate for convenience on sixty (60) days' notice, refunding unused prepaid fees pro rata.
On termination, all rights to use the Service end, and all unpaid fees accrued before termination become due. Sections 3, 7 (as to fees accrued), 9, 10, 11, 13, 16, 18, 19, 20, and 22, and any other provision that by its nature should survive, survive termination.
18. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, OR FOR DELAY, COST OF COVER, OR CONSTRUCTION COSTS, EVEN IF ADVISED OF THEIR POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY, WILL NOT EXCEED THE FEES PAID BY THE CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
WE ARE NOT LIABLE FOR ANY LOSS ARISING FROM AI-GENERATED CONTENT THAT WAS FILED, SENT, OR ACTED ON AFTER A PERSON REVIEWED AND APPROVED IT, OR FROM A DECISION MADE IN RELIANCE ON THE SERVICE WITHOUT INDEPENDENT PROFESSIONAL VERIFICATION.
The limits in this Section do not limit the Customer's obligation to pay fees, the Customer's obligations under Section 19, or the Customer's liability for breach of Section 12 or for infringement or misappropriation of our intellectual property. Nor do they apply to a party's liability for death or personal injury caused by its negligence, for fraud, or to any other liability that cannot lawfully be limited.
19. Indemnification
The Customer will defend, indemnify, and hold harmless Kashi LLC and its members, officers, employees, and contractors from and against any third-party claim, and resulting losses, damages, fines, costs, and reasonable attorneys' fees, arising from or relating to:
- Customer Data, including a claim that its collection, routing, or processing through the Service violates any law or any person's rights;
- the Customer's failure to obtain any notice or consent required under Section 4;
- any project on which the Customer used the Service, including any dispute with an owner, subcontractor, supplier, design professional, or other project participant;
- content the Customer or its Authorized Users filed, sent, or acted on after approving it; or
- use of the Service by the Customer or its Authorized Users in breach of these Terms or of law.
We will defend and indemnify the Customer against third-party claims that the Service as provided by us infringes that party's United States intellectual property rights, provided the Customer notifies us promptly, lets us control the defence and settlement, and cooperates reasonably. We may instead modify the Service to be non-infringing, obtain a licence, or terminate and refund unused prepaid fees. This does not cover claims arising from Customer Data, from AI-generated output, from combination with anything we did not supply, from a trial, or from use in breach of these Terms. This paragraph states our entire liability for infringement claims.
20. Governing law and disputes
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Each party submits to the exclusive jurisdiction of the state courts located in Hillsborough County, Florida, and the United States District Court for the Middle District of Florida, Tampa Division, and waives any objection to venue there, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its confidential information or intellectual property.
EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL in any proceeding arising out of or relating to these Terms. Claims may be brought only in a party's individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
21. Contact, notices, and changes
Questions about these Terms and legal notices to us: hello@capstones.ai. We will send notices to the Customer at the email address of a workspace administrator, and notices are effective when sent.
We may update these Terms. For material changes we will give notice to workspace administrators at least thirty (30) days before they take effect, and continued use after that date constitutes acceptance. If the Customer does not accept a material change, it may terminate before the change takes effect and receive a pro rata refund of unused prepaid fees.
22. General
- Entire agreement. These Terms, the Privacy Policy, and any order form are the entire agreement between the parties about the Service and supersede all prior discussions. Terms in a Customer purchase order or similar document do not apply, even if accepted.
- Assignment. The Customer may not assign these Terms without our written consent. We may assign them without consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any other attempted assignment is void.
- Force majeure. Neither party is liable for a delay or failure caused by events beyond its reasonable control, including outages of a hosting, AI, email, or connected platform provider, internet failures, labour disputes, natural disasters, epidemics, war, or government action. This does not excuse payment obligations.
- Severability and waiver. If a provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest remain in effect. A failure to enforce a provision is not a waiver of it.
- Independent contractors. The parties are independent contractors. Nothing here creates a partnership, joint venture, agency, or employment relationship.
- No third-party beneficiaries. These Terms benefit only the parties, except for the persons indemnified under Section 19.
- Export and sanctions. The Customer will not use or allow access to the Service in violation of U.S. export control or sanctions laws, or by any person on a U.S. government restricted-party list.
- Publicity. We may identify the Customer as a customer by name and logo on our website and in marketing materials. The Customer may withdraw this permission at any time by writing to us.
- Electronic acceptance. Acceptance by clicking or checking a box, and notices by email, satisfy any requirement that they be in writing or signed.