Terms of Service

1.1 Acceptance. By creating an account, accessing, or using the Kealee Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1.2 Eligibility. You must be at least 18 years of age and capable of forming a legally binding contract to use the Services. The Services are intended for business use by construction professionals, general contractors, project owners, and related industry participants.

1.3 Modifications. We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the Platform at least 30 days before the changes take effect. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms.

2.1 Platform Overview. Kealee Platform provides construction management advisory technology, owner’s representative coordination, and project management tools for general contractors and project owners.

2.2 Service Components. The Platform includes, but is not limited to, the following capabilities:

• Bid management and contractor coordination
• Cost estimation and cost database tools
• Document management and version control
• Permit application processing and tracking
• Project scheduling, budgeting, and milestone tracking
• Change order and RFI management
• Team communication and collaboration features
• Marketplace services connecting project owners with qualified professionals

2.3 Professional Services. Kealee also offers managed professional services including construction management advisory, owner’s representative coordination, permit management, and project management support. These services are subject to the specific terms of your subscription package.

3.1 Advisory Nature. The Services provided through the Kealee Platform are advisory in nature. Kealee acts as a technology-enabled coordination layer and does not replace licensed professionals where required by law.

3.2 CM Advisory Services. Construction management advisory services include project oversight, budget monitoring, schedule analysis, and risk identification. These services are informational and do not constitute professional engineering, architectural, or legal advice.

3.3 Owner’s Rep Services. Owner’s representative coordination includes communication facilitation between project stakeholders, document routing, and progress reporting. Kealee coordinates on behalf of project owners but does not assume the legal obligations of a licensed owner’s representative unless separately contracted.

3.4 Permit Management. Kealee assists with permit application preparation, submission tracking, and jurisdiction coordination. Permit approval decisions are made solely by the applicable governmental authorities. Kealee does not guarantee permit approval.

3.5 Cost Estimation. Cost estimation tools provide data-informed projections based on available market data. Estimates are advisory and should be validated by qualified professionals before making financial commitments.

3.6 Document Management. The Platform provides secure storage, version control, and sharing capabilities for project documents. You are responsible for maintaining your own backup copies of critical project documentation.

4.1 Uptime Commitment. Kealee targets 99.9% uptime for the Platform, measured on a monthly basis, excluding scheduled maintenance windows and force majeure events.

4.2 Scheduled Maintenance. We will provide at least 48 hours advance notice for scheduled maintenance that may affect service availability. Maintenance windows will be scheduled during off-peak hours whenever possible.

4.3 Unscheduled Downtime. In the event of unscheduled downtime, we will use commercially reasonable efforts to restore service as quickly as possible and will communicate status updates through our status page and email notifications.

4.4 No Guarantee. While we strive for continuous availability, we do not guarantee that the Services will be uninterrupted, error-free, or available at all times. Temporary service interruptions may occur due to maintenance, updates, or circumstances beyond our control.

5.1 Payment Processing. All payments for the Services are processed through the Kealee Platform. We use third-party payment processors (including Stripe) to handle payment transactions securely. You agree to provide accurate and complete billing information.

5.2 Subscription Billing. Platform access is billed on a recurring subscription basis (monthly or annually, depending on your selected plan). Subscription fees are charged in advance at the beginning of each billing cycle. Your subscription will automatically renew unless you cancel before the renewal date.

5.3 Managed Services Billing. Fees for managed professional services (PM services, permit services, operations services) are billed according to the terms of your selected service package. Per-service and per-use fees are billed upon service delivery or as otherwise specified.

5.4 Price Changes. We may adjust pricing with at least 30 days written notice. Price changes will take effect at the start of your next billing cycle following the notice period.

5.5 Refund Policy. Subscription fees are generally non-refundable. If you cancel your subscription, you will retain access to the Services through the end of your current paid billing period. Refund requests for extenuating circumstances will be reviewed on a case-by-case basis at our discretion.

5.6 Late Payments. Overdue amounts may be subject to a late fee of 1.5% per month or the maximum amount permitted by applicable law, whichever is less. We reserve the right to suspend access to the Services for accounts with overdue balances.

6.1 Data Ownership. You retain all ownership rights to the data, documents, and content you upload to the Kealee Platform (“Your Data”). We do not claim ownership of Your Data.

6.2 License to Kealee. By uploading data to the Platform, you grant Kealee a non-exclusive, worldwide, royalty-free license to use, store, process, and display Your Data solely for the purpose of providing, maintaining, and improving the Services for you.

6.3 Data Retention. We retain Your Data for as long as your account is active and for a reasonable period thereafter to allow for data export. Following account termination, Your Data will be retained for 30 days, after which it may be permanently deleted.

6.4 Deletion Rights. You may request deletion of Your Data at any time by contacting us or through the Platform’s account settings. We will process deletion requests within 30 days, subject to our legal obligations to retain certain records (such as billing and tax records).

6.5 Data Export. You may export Your Data at any time using the Platform’s export features. We will make Your Data available in standard, machine-readable formats.

6.6 Data Security. We implement industry-standard security measures to protect Your Data, as described in our Privacy Policy. However, no method of electronic storage or transmission is 100% secure, and we cannot guarantee absolute security.

7.1 Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KEALEE’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO KEALEE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

7.3 Exclusion of Consequential Damages. IN NO EVENT SHALL KEALEE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, PROJECT DELAYS, PERMIT DENIALS, OR COST OVERRUNS, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

7.4 Construction Outcomes. Kealee is not liable for the outcome of any construction project, permit application, inspection result, or contractor performance. The Platform provides tools and advisory services, but ultimate responsibility for project outcomes rests with the project participants.

8.1 Jurisdiction. These Terms are governed by and construed in accordance with the laws of the District of Columbia, United States, without regard to its conflict of law provisions.

8.2 Dispute Resolution. Any disputes arising from or related to these Terms or your use of the Services shall be resolved through binding arbitration administered by the American Arbitration Association in Washington, DC. You agree to resolve disputes on an individual basis and waive any right to participate in class action proceedings.

8.3 Injunctive Relief. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

If you have questions about these Terms of Service, please contact us: