Terms of Service

Welcome to Prelien. These Terms of Service ("Terms") govern your access to and use of Prelien's construction lien management platform, including our website, software, features, and services (collectively, the "Platform" or "Services"). By accessing or using Prelien, you agree to be bound by these Terms.

Please read these Terms carefully. They contain important information about your rights and obligations, including mandatory arbitration and class action waiver provisions that affect your legal rights.

1. Acceptance of Terms

By creating an account, accessing, or using the Platform, you agree to:

• Comply with these Terms and all applicable laws and regulations
• Be at least 18 years old and have the legal capacity to enter into binding contracts
• Represent that all information you provide is accurate and complete
• Accept updates to these Terms as they occur

If you are accessing the Platform on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

Prelien provides a software-as-a-service (SaaS) platform designed to help construction industry professionals manage lien-related documentation and compliance workflows. Our Services include:

• Preliminary Notice Management: Automated generation, delivery, and tracking of preliminary notices
• Lien Waiver Management: Creation, distribution, and collection of lien waivers (conditional, unconditional, progress, and final)
• Compliance Tracking: Automated deadline reminders and state-specific compliance calendars
• Electronic Signatures: Secure document signing capabilities
• Accounting Integrations: Synchronization with QuickBooks, Xero, and other platforms
• Document Storage: Secure cloud-based storage and retrieval of lien documentation
• Owner Research: Property owner information lookup and verification

3. User Responsibilities and Data Verification

You acknowledge and agree that:

• Prelien provides tools to assist with document preparation, but does not guarantee legal accuracy or compliance
• You must independently verify all information before relying on it for legal or business purposes
• You are responsible for ensuring documents meet the specific requirements of your jurisdiction
• Automated features are conveniences, not substitutes for professional judgment
• You should consult legal counsel when necessary to protect your lien rights

4. Account Registration and Security

4.1 Account Creation

To use certain features of the Platform, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

4.2 Account Security

You are responsible for safeguarding your password and account access. Prelien is not liable for any loss or damage arising from your failure to maintain account security. You agree to notify us immediately at security@prelien.com if you suspect any unauthorized use of your account.

5. Subscription Plans and Billing

5.1 Subscription Tiers

Prelien offers various subscription plans with different features, usage limits, and pricing. Current plan details are available on our website and may be updated periodically.

5.2 Payment Terms

• Billing Cycle: Subscriptions are billed monthly or annually, as selected
• Payment Method: You must provide a valid payment method and authorize automatic charges
• Automatic Renewal: Subscriptions automatically renew unless canceled before the renewal date
• Price Changes: We may adjust pricing with 30 days' notice. Continued use after notice constitutes acceptance
• Taxes: Prices exclude applicable taxes, which will be added to your invoice

5.3 Cancellation and Refunds

• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of your current billing period
• No refunds are provided for partial billing periods, except as required by law
• Upon cancellation, you will retain access to your data for 90 days before account deletion

5.4 Free Trials

Free trials may be offered for new users. If you do not cancel before the trial ends, your payment method will be charged for the selected subscription plan. Trial eligibility is determined at our sole discretion.

6. Acceptable Use

You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use the Platform to create fraudulent, deceptive, or misleading documents
• Attempt to gain unauthorized access to the Platform or other users' accounts
• Interfere with or disrupt the Platform's operation or servers
• Use automated tools (bots, scrapers) without written permission
• Reverse engineer, decompile, or attempt to extract source code
• Remove or modify any proprietary notices or labels
• Use the Platform to transmit malware, viruses, or harmful code
• Impersonate any person or entity or misrepresent your affiliation
• Share your account credentials or allow unauthorized access
• Use the Platform in a manner that could damage Prelien's reputation

7. Intellectual Property Rights

7.1 Prelien's IP

The Platform, including all software, designs, text, graphics, logos, and other content, is owned by Prelien and protected by copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.

7.2 Your Content

You retain ownership of all data, files, and content you upload to the Platform ("User Content"). By uploading User Content, you grant Prelien a worldwide, non-exclusive, royalty-free license to use, store, process, and display your User Content solely to provide the Services.

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant Prelien the right to use such feedback without compensation or attribution.

8. Disclaimer of Warranties

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

9. Limitation of Liability

10. Indemnification

You agree to indemnify, defend, and hold harmless Prelien, its affiliates, and their respective officers, directors, employees, agents, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights
• Any User Content you upload or create
• Any reliance on information or documents generated through the Platform
• Any decisions made based on Platform-generated content

11. Third-Party Services and Integrations

The Platform may integrate with or contain links to third-party services (e.g., QuickBooks, payment processors, delivery services). These integrations are provided for convenience, and:

• Prelien does not control or endorse third-party services
• Third-party services are governed by their own terms and privacy policies
• Prelien is not responsible for the availability, accuracy, or content of third-party services
• You use third-party services at your own risk
• You are responsible for reviewing and accepting third-party terms

12. Data Ownership and Portability

12.1 Your Data

You retain all ownership rights to your User Content. You may export your data at any time through the Platform's export features or by contacting support.

12.2 Data Backup

While Prelien maintains regular backups, you are responsible for maintaining your own backup copies of important data. Prelien is not liable for any data loss.

12.3 Data Deletion

Upon account termination, your data will be retained for 90 days to allow for account recovery. After 90 days, your data will be permanently deleted, except where retention is required by law.

13. Modification and Termination

13.1 Modifications to the Platform

Prelien reserves the right to modify, suspend, or discontinue any aspect of the Platform at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Platform.

13.2 Modifications to Terms

We may update these Terms periodically. When we make material changes:

• We will update the "Last Updated" date
• We will notify you via email or prominent platform notice
• Changes become effective 30 days after notification
• Continued use after changes take effect constitutes acceptance

13.3 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Upon termination, you remain responsible for all charges incurred up to the termination date.

13.4 Termination by Prelien

Prelien may suspend or terminate your account if:

• You violate these Terms
• Your account shows fraudulent or illegal activity
• Payment obligations are not met
• Required by law or legal process
• Continued use poses security or liability risks

We will provide notice when reasonably possible, but may terminate immediately for serious violations.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@prelien.com to attempt to resolve the dispute informally. We will work in good faith to resolve the matter within 60 days.

14.2 Binding Arbitration

If informal resolution fails, you agree that any dispute arising from or relating to these Terms or the Platform will be resolved through binding arbitration, not in court, except for:

• Small claims court matters within jurisdictional limits
• Disputes regarding intellectual property rights
• Requests for injunctive or equitable relief

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in [Your Jurisdiction], or another mutually agreed location. Each party will bear its own costs, except that Prelien will pay arbitration fees for claims under $10,000.

14.3 Class Action Waiver

YOU AND PRELIEN AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING. This waiver applies regardless of whether the dispute is resolved in arbitration or court.

14.4 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to legal@prelien.com within 30 days of first accepting these Terms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of [Your State], without regard to conflict of law principles. For disputes not subject to arbitration, you agree to the exclusive jurisdiction of state and federal courts located in [Your County/City, State].

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and Prelien regarding the Platform.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Prelien's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without Prelien's written consent. Prelien may assign these Terms without restriction.

16.5 Force Majeure

Prelien is not liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of war, government actions, or internet disruptions.

16.6 Notices

Notices to you may be sent via email, platform notification, or postal mail. Notices to Prelien should be sent to legal@prelien.com.

17. Contact Information

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

Prelien Legal Department
Email: legal@prelien.com
Support: support@prelien.com
Mailing Address: [Your Business Address]