Terms of Use
Effective Date: July 26, 2026
Jurisdiction: Province of Ontario, Canada
1. ACCEPTANCE OF TERMS AND SCOPE OF PLATFORM
1.1. Binding Agreement:
By accessing, browsing, or registering for an account on www.thebuildereye.com (the "Platform"), or by logging into any Platform interface (including the Builder Portal, Trade Portal, or Homeowner Portal), you ("User", "you", or "your") agree to be bound by these Terms of Use ("Terms") and our Privacy Policy. If you are entering into these Terms on behalf of a business entity (such as a homebuilding company or trade contractor), you represent that you have the legal authority to bind that entity.
1.2 Platform Overview
Builder Eye operates a cloud-based software application designed to streamline warranty claim management, pre-delivery inspection (PDI) workflows, quality control, trade scheduling, work order generation, trade purchase order requests, and homeowner communications for residential construction projects.
USER ROLES AND PORTAL ACCESS
2.1 Homebuilder Accounts (Subscribers):
Paid subscriber accounts utilized by homebuilders to manage project sites, lots, homeowner profiles, and Tarion enrolment numbers. Homebuilders import warranty claims, evaluate claim warrantability, issue Work Orders, assign deficiency tasks to trades, review trade Purchase Order (PO) requests, schedule home access, and perform final sign-offs.
2.2 Trade Contractor Accounts (Invited Users):
Non-paying user accounts created via invitation from a Homebuilder. Trades receive restricted access strictly limited to assigned deficiencies, Work Orders, lot addresses, photos, and scheduling details. Trades execute repairs, submit PO requests for out-of-scope/extra work, update task statuses (e.g., to "Pending Approval"), and capture digital sign-offs.
2.3 Homeowner Portal Users (Invited Users):
Non-paying access granted to homebuyers to coordinate access times, view repair updates, and provide digital completion sign-offs.
2.4 Account Security:
You are responsible for safeguarding your login credentials and for all actions taken under your account.
3. WORK ORDERS AND TRADE PURCHASE ORDER (PO) REQUESTS
3.1 Work Order Generation:
When a Homebuilder marks a reported deficiency as warrantable, the Platform enables the generation or inclusion of that deficiency into a Work Order dispatched to designated Trade Contractors. Builder Eye provides software templates and tracking tools; the Homebuilder remains solely responsible for verifying the accuracy of the scope of work, trade assignment, specifications, and instructions contained in any Work Order.
3.2 Extra Work & Purchase Order (PO) Requests:
The Platform allows Trade Contractors to request Purchase Orders (POs) from Homebuilders if a trade identifies that a deficiency involves extra work, is out of warranty scope, or is not covered under their trade subcontract.
3.3 Commercial & Financial Disclaimer:
Builder Eye is an administrative software intermediary only. Builder Eye does not evaluate, approve, authorize, guarantee, or process payments for Purchase Order requests or extra work claims. The issuance, negotiation, approval, pricing, or rejection of any PO request remains strictly a private commercial matter between the Homebuilder and the Trade Contractor.
3.4 Payment Dispute Exemption:
Builder Eye shall have no liability or involvement in fee disputes, extra work claims, unpaid trade invoices, or contract disagreements arising from Work Orders or PO requests submitted through the Platform.
4. TARION BUILDERLINK INTEGRATION & REGULATORY DISCLAIMER
4.1 Read-Only Integration:
Builder Eye accesses data from Tarion’s "BuilderLink" portal on a strictly read-only basis to organize and import warranty claim forms (e.g., 30-Day, Mid-Year, Year-End, 2nd-Year forms). Builder Eye does not write, push, alter, or submit data back into Tarion BuilderLink.
4.2 Independent Entity:
Builder Eye is an independent SaaS vendor and is not affiliated with, endorsed by, or partnered with Tarion Warranty Corporation.
4.3 Statutory Non-Agency:
The use of Builder Eye does not alter, shift, or discharge the statutory legal obligations of the Homebuilder under the Ontario New Home Warranties Plan Act. Builder Eye acts strictly as an administrative data conduit.
4.4 Data Sync & Uptime:
Builder Eye is not responsible for missing, delayed, or inaccurate data caused by downtime, changes, or technical restrictions on Tarion BuilderLink, cellular networks, or third-party infrastructure. Builders remain solely responsible for verifying statutory deadlines directly within Tarion BuilderLink.
5. TECHNICAL AND FIELD DISCLAIMERS
5.1 Offline Data Syncing:
Builder Eye does not guarantee real-time data transmission in remote areas or active job sites with weak network connections. Users are responsible for ensuring that photos, notes, Work Order updates, PO requests, and completion sign-offs captured offline have fully synced upon returning to cellular/internet coverage.
6. SUBSCRIPTIONS, BILLING, AND CANCELLATIONS
6.1 Billing:
Homebuilder subscriptions are billed in advance on a recurring monthly or annual basis. Trades and Homeowners incur no subscription charges.
6.2 Payment Processing
All payments for Platform subscriptions are processed via Stripe. By subscribing, you agree to Stripe’s Terms of Service.
6.3 Renewals & Refunds:
Subscriptions automatically renew unless cancelled before the renewal date. Subscription fees are non-refundable except where required by law.
7. PROFESSIONAL DISCLAIMERS AND RESPONSIBILITIES
7.1 Software Tool Only:
Builder Eye is an administrative workflow tool and does not provide professional engineering, legal, trade pricing, or construction inspection advice.
7.2 Warrantability Determinations:
The Homebuilder retains sole legal responsibility for evaluating whether reported items are warrantable under the Ontario Building Code or Tarion Construction Performance Guidelines.
7.3 Site Access and Trade Conduct:
Builder Eye facilitates scheduling but is not liable for trade no-shows, missed appointments, property damage, personal injury, or access disputes occurring during on-site visits.
8. LIMITATION OF LIABILITY & INDEMNIFICATION
8.1 "AS-IS" Provision:
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
8.2 Liability Cap:
To the maximum extent permitted by Ontario law, Builder Eye’s total liability for any claim shall not exceed the greater of (a) the total fees paid by you to Builder Eye in the prior 12 months, or (b) $100 CAD.
8.3 Damages Exclusion:
Builder Eye is not liable for indirect, incidental, consequential, or punitive damages, lost profits, trade payment disputes, or construction dispute expenses.
8.4 Indemnification:
You agree to indemnify and hold harmless Builder Eye from any claims, losses, or legal fees resulting from your breach of these Terms, construction defects, site damage, payment disputes between builders and trades, or privacy violations.
9. GOVERNING LAW
9.1 Province & Country
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.