These Terms and Conditions (the "Terms") govern access to and use of the TrueRestore software, mobile applications, AI features (including Ripple), and related services provided by TrueBuilt Software, Inc., a Delaware corporation doing business as TrueRestore ("TrueRestore," "we," or "us").
You accept these Terms by (a) clicking "I agree" or a similar button, (b) starting a free trial or creating an account, (c) signing an Order Form that references these Terms, or (d) using the Services. The person or entity accepting is the "Customer" or "you." If you accept on behalf of a company, you represent that you have authority to bind it. These Terms and any Order Forms together form the "Agreement." IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.
You may not use the Services if you are a direct competitor of TrueRestore, without our prior written consent, or to monitor the Services' availability, performance, or functionality for benchmarking or competitive purposes.
SECTION 5 DESCRIBES HOW AI FEATURES WORK AND THEIR LIMITS. SECTION 6 MAKES YOU RESPONSIBLE FOR CONSENT TO RECORDINGS MADE ON JOB SITES. PLEASE READ BOTH CAREFULLY.
"AI Features" means features of the Services that use machine learning or generative AI to produce Outputs or take actions, including Ripple, Copilot, AI scope generation, AI walkthroughs, Instant Sketches, Video-to-Sketch, report generation, and estimate preparation.
"Applicable Data Protection Laws" means all laws that govern the privacy, security, Processing, or transfer of Personal Data.
"Authorized User" means an employee, agent, or contractor of Customer whom Customer permits to access the Services under Customer's account.
"Capture Device" means any device used to collect Customer Content, including phones, tablets, LiDAR sensors, 360° cameras, and smart glasses (such as Ray-Ban Meta).
"Customer Content" means all data and materials submitted to the Services by or for Customer, including photos, video, audio, voice commands, LiDAR scans, moisture readings, notes, forms, equipment logs, and Inputs.
"Derived Data" means data derived from Customer Content and use of the Services that has been aggregated, de-identified, or anonymized so it does not identify Customer, any Authorized User, or any individual.
"Documentation" means TrueRestore's user guides, help articles, and training library for the Services.
"Estimating Services" means ESX sketch conversions, Xactimate estimates, and similar deliverables prepared by TrueRestore personnel or contractors, with or without AI Features.
"Input" means any prompt, question, command, or instruction given to an AI Feature, whether typed or spoken.
"Order Form" means an order form, quote, or online checkout that references these Terms and specifies the Services, plan, and Fees.
"Output" means content an AI Feature generates in response to Inputs or Customer Content, including answers, summaries, scopes, sketches, line items, reports, and drafts.
"Personal Data" means Customer Content that is "personal data," "personal information," or similar under Applicable Data Protection Laws.
"Processing" means any operation performed on Personal Data, such as collection, storage, use, analysis, disclosure, or deletion.
"Professional Services" means implementation, onboarding, training, and other services described in an Order Form or statement of work ("SOW").
"Ripple" means TrueRestore's AI job site assistant, which answers questions about and takes actions on Customer's jobs through text or voice, in the TrueRestore apps or through Third-Party Services.
"Services" means the TrueRestore Solution, AI Features, Estimating Services, Professional Services, and support.
"Third-Party Services" means products and services not provided by TrueRestore, including Xactimate, ServiceTitan, Zapier, Workiz, Housecall Pro, payment processors, Capture Device platforms, and third-party AI assistants.
"TrueRestore Solution" means TrueRestore's software-as-a-service platform and mobile applications.
2.1 Accounts. You must provide accurate registration and billing information and keep it current. You are responsible for all activity under your account, for your Authorized Users' compliance with these Terms, and for keeping credentials confidential. Notify us promptly at help@truerestore.ai of any unauthorized access.
2.2 Free Trial. We may offer a free trial (currently 14 days). Trials are provided "as is," without support commitments, and may be ended or changed at any time. Unless you cancel before the trial ends, your account converts to the paid plan you selected and your payment method is charged. Customer Content in an unconverted trial may be deleted 30 days after the trial ends.
2.3 Plans and Usage Limits. Each plan includes the features and limits shown on our pricing page or Order Form, such as monthly job counts. We may limit, throttle, or charge overage for use that exceeds your plan, and may apply reasonable fair-use limits to AI Features to protect service quality.
2.4 Beta Features. Features labeled beta, preview, or early access are optional, may change or be withdrawn, and are excluded from any support or availability commitments.
3.1 Access. Subject to this Agreement and payment of Fees, TrueRestore will make the Services available to Customer through web browsers and mobile apps. Customer is responsible for its own devices, internet connectivity, and Capture Devices.
3.2 Support. TrueRestore will use commercially reasonable efforts to provide support at the level in Customer's plan and to keep the Services available, in line with our then-current support policies.
3.3 Changes to the Services. We continually improve the Services, including the models behind AI Features. We may add, change, or remove features, provided we will not materially reduce the core functionality of a paid plan during a prepaid term.
4.1 License to the Services. Subject to this Agreement, TrueRestore grants Customer a non-exclusive, non-transferable (except under Section 17.5), non-sublicensable right during the Term for Customer and its Authorized Users to access and use the Services and Documentation for Customer's internal business purposes. Customer is responsible for all acts and omissions of its Authorized Users.
4.2 Restrictions. Customer will not, and will not permit anyone to: (a) provide the Services to anyone other than Authorized Users; (b) sell, resell, sublicense, rent, or lease the Services; (c) copy, modify, or create derivative works of the Services; (d) reverse engineer or attempt to derive source code, model weights, prompts, or system instructions, except as permitted by law; (e) interfere with or disrupt the Services or their infrastructure; (f) use the Services or any Output to build or train a competing product or AI model; (g) access the Services through any unapproved interface, or scrape or extract data in bulk except through our export tools or APIs; (h) attempt to bypass usage limits, security, or AI safety controls, including through prompt injection; (i) use AI Features to create content that is unlawful, fraudulent, or intended to mislead an insurer, adjuster, or property owner; or (j) use the Services in violation of law or this Agreement. Customer will not remove any proprietary notices.
4.3 Ownership. TrueRestore and its licensors own the Services, Documentation, AI models, and all improvements to them, including improvements based on Feedback or Derived Data. All rights not expressly granted are reserved.
4.4 Deliverables. Reports, sketches, and other materials the Services produce for Customer, other than Outputs (covered in Section 5.3), are licensed to Customer on a perpetual, royalty-free, non-exclusive basis for its business purposes, including sharing with property owners, adjusters, and insurers.
4.5 Open Source. Open source components are licensed under their own licenses, which control over this Agreement for those components.
4.6 Feedback. Customer grants TrueRestore a perpetual, irrevocable, worldwide, royalty-free license to use any suggestions or feedback about the Services ("Feedback") for any purpose. We will not publicly identify Customer as the source of Feedback without consent.
5.1 How AI Features Work. AI Features, including Ripple, analyze Customer Content (such as readings, photos, scans, notes, and documents in a job) to answer questions, generate Outputs, and complete tasks. Ripple may show the sources it relied on. AI Features may use models provided by TrueRestore or by third-party AI providers acting as our subprocessors.
5.2 Outputs May Be Wrong. AI Features are probabilistic. Outputs may be inaccurate, incomplete, or out of date, even when sources are shown, and may not reflect conditions on site. Outputs are not professional engineering, industrial hygiene, insurance, legal, or safety advice. Customer is solely responsible for reviewing and verifying every Output before relying on it or sharing it, including moisture and drying status, equipment counts, scopes, line items, sketches, measurements, and estimates. A qualified person must review any Output used for drying decisions, health or safety determinations, mold or hazardous material assessments, or submissions to insurers.
5.3 Ownership of Inputs and Outputs. As between the parties, Customer owns its Inputs and, to the extent permitted by law, its Outputs, subject to TrueRestore's rights in Section 10. Customer acknowledges that Outputs may be similar to outputs provided to others and that TrueRestore owns the AI Features and models that produce them.
5.4 Actions Taken by Ripple. Ripple can take actions when an Authorized User asks it to, such as updating job records, creating tasks or notes, generating reports, ordering Estimating Services, or sending information to Third-Party Services. Actions Ripple takes at an Authorized User's request are Customer's actions. Customer is responsible for those actions and any resulting Fees, including Estimating Services ordered through Ripple. Ripple may ask for confirmation before certain actions; Customer should review confirmations before approving. TrueRestore is not liable for actions taken as instructed, or for actions an Authorized User approves.
5.5 Voice. When an Authorized User speaks to Ripple, the Services capture and transcribe audio to process the request. Audio and transcripts are Customer Content. Customer will not use voice features to record anyone who has not consented where consent is required (see Section 6).
5.6 Access Through Third-Party AI Tools. Customer may connect Ripple or TrueRestore data to third-party AI assistants or agents (for example, through MCP or an API). Data sent to those tools leaves the Services and is governed by the third party's terms, not this Agreement. TrueRestore is not responsible for how those tools use Customer Content or for actions they take using Customer's credentials.
5.7 Prohibited AI Uses. Customer will not use AI Features to (a) fabricate or alter photos, readings, or documentation; (b) inflate or misrepresent scope, damage, or work performed; (c) make decisions about individuals that have legal or similarly significant effects without human review; or (d) process data AI Features are not designed for, such as health records, payment card numbers, or government ID numbers.
5.8 Monitoring. TrueRestore may monitor Inputs and Outputs, using automated and human review, to operate, secure, and improve the Services and enforce this Agreement.
6.1 Customer Is Responsible for Consent. Job sites are often private homes and businesses. Customer is solely responsible for giving all notices to and obtaining all consents from property owners, occupants, tenants, adjusters, employees, and anyone else whose image, voice, or information is captured through the Services, including consents required by audio-recording, wiretap, biometric, and privacy laws. Some jurisdictions, including California, require consent from all parties before recording a conversation.
6.2 Smart Glasses and Continuous Capture. When using smart glasses or other hands-free Capture Devices, Customer will ensure Authorized Users (a) tell people on site that recording is active, (b) stop recording when asked or when not needed, and (c) do not record bathrooms, bedrooms, or other private areas beyond what the job requires. Customer is responsible for complying with the Capture Device maker's terms.
6.3 Minimize Sensitive Content. Customer will use reasonable efforts to avoid capturing information not needed for the job, such as faces of minors, personal documents, screens, medications, and financial information. TrueRestore may, but is not required to, offer tools that blur or redact such content.
6.4 Scans and Measurements. LiDAR scans, 360° captures, Video-to-Sketch, and Instant Sketches produce measurements that depend on device quality, lighting, and capture technique. Measurements are estimates. Customer must verify measurements before relying on them for material quantities, billing, or estimates.
7.1 Scope. Estimating Services are prepared from the Customer Content Customer provides. Their quality depends on that content's completeness and accuracy. TrueRestore may use AI Features, employees, and contractors to perform Estimating Services.
7.2 No Guarantee of Payment or Acceptance. TrueRestore does not guarantee that any estimate, sketch, or line item will be approved, accepted, or paid by any insurer, third-party administrator, adjuster, or property owner, or that it meets any carrier's program guidelines. Customer is responsible for reviewing each deliverable, for the final estimate it submits, and for its pricing, scope, and representations to third parties.
7.3 Turnaround. Published turnaround times (for example, about 2 hours for sketches and 24 to 48 hours for estimates) are targets, not commitments.
7.4 Pricing. Estimating Services are charged at the rates on our pricing page or Order Form when ordered, which may include a base fee plus a percentage of estimated job value. Deliverables are non-refundable once delivered, except that we will correct errors caused by our failure to follow the Customer Content provided, if reported within 14 days of delivery.
7.5 Xactimate. Xactimate and ESX are products and formats of Verisk Analytics, Inc. or its affiliates. TrueRestore is not affiliated with or endorsed by Verisk. Customer must hold its own Xactimate license to open, edit, or submit ESX files.
8.1 Third-Party Terms. The Services work with Third-Party Services. Customer's use of a Third-Party Service is governed by the terms between Customer and that provider. TrueRestore does not control and is not responsible for Third-Party Services, including their availability, security, or handling of data.
8.2 Authorization. By enabling an integration, Customer authorizes TrueRestore to exchange Customer Content with that Third-Party Service as needed to operate the integration, including automatic imports and pushes of jobs, reports, and documents.
8.3 Changes. Third-Party Services may change or end their APIs or terms. TrueRestore may modify or discontinue any integration without liability, and will use reasonable efforts to give notice.
9.1 Fees. Customer will pay the fees for its plan, Estimating Services, overages, and any Professional Services ("Fees") as stated on our pricing page at purchase or in the Order Form.
9.2 Self-Serve Subscriptions. For plans purchased online, Customer authorizes TrueRestore and its payment processors to charge Customer's payment method (a) the subscription Fee in advance at the start of each billing period and (b) usage-based Fees, such as Estimating Services, when ordered or at the end of the billing period. Subscriptions renew automatically for successive periods of the same length until canceled. Customer may cancel at any time in account settings or by emailing help@truerestore.ai; cancellation takes effect at the end of the current billing period.
9.3 Order Form Subscriptions. For subscriptions purchased through a signed Order Form, the Order Form's billing, term, and renewal terms apply. Unless the Order Form says otherwise, Fees are invoiced monthly and due within 30 days, and the Order Form renews for successive 1-year terms unless either party gives written notice of non-renewal at least 60 days before the end of the current term.
9.4 Price Changes. TrueRestore may change Fees for self-serve plans on at least 30 days' notice, effective at the next renewal. Price changes for Order Form subscriptions take effect only at renewal.
9.5 Late Payment and Suspension. Overdue amounts accrue interest at 1.5% per month or the maximum legal rate, if less. If any amount is more than 30 days overdue, or a card charge fails and is not fixed within 10 days of notice, TrueRestore may suspend access to the Services until paid.
9.6 Taxes. Fees exclude taxes. Customer is responsible for all sales, use, value-added, withholding, and similar taxes, other than taxes on TrueRestore's net income.
9.7 No Refunds. Except as stated in this Agreement or an Order Form, Fees are non-refundable, including for partial billing periods and unused jobs or credits.
9.8 Payment Processors. Payments may be processed by third parties. Customer agrees to their applicable terms and authorizes us to share payment information with them as needed to complete transactions.
10.1 Ownership. Customer owns its Customer Content. Except as granted in this Agreement, TrueRestore obtains no rights in it.
10.2 License to Provide the Services. Customer grants TrueRestore and its subprocessors a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Content as needed to (a) provide, maintain, secure, and support the Services, (b) perform Estimating Services, (c) operate integrations Customer enables, and (d) comply with law.
10.3 Improving the Services and AI Models. Customer grants TrueRestore a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use Customer Content, including photos, video, audio, scans, readings, documentation, Inputs, Outputs, and Customer's edits to Outputs, to develop, train, evaluate, and improve TrueRestore's products, services, and machine learning models. Before using Customer Content to train models, TrueRestore will apply reasonable measures to remove or obscure information that identifies Customer, its Authorized Users, property owners, or property addresses. TrueRestore will not disclose Customer Content to third parties for their own model training in a form that identifies Customer or any individual. Customers on an Order Form may opt out of model training under this Section 10.3 by written notice; opt-out applies going forward.
10.4 Derived Data. TrueRestore owns Derived Data and may use and disclose it for any lawful purpose, including benchmarks, industry insights, and commercial data products, during and after the Term, provided Derived Data does not identify Customer or any individual.
10.5 Customer Name and Logo. TrueRestore may identify Customer as a customer by name and logo on its website and marketing materials. Customer may revoke this permission by emailing help@truerestore.ai.
10.6 Customer Responsibilities. Customer is responsible for the accuracy, quality, and legality of Customer Content and for obtaining all rights and consents needed for TrueRestore to use it under this Agreement, including the consents in Section 6. Customer represents that Customer Content will not infringe or misappropriate third-party rights, be unlawful or deceptive, or contain malicious code.
10.7 Backups and Export. TrueRestore maintains backups as part of its standard operations, but Customer should keep its own copies of important Customer Content. Customer may export Customer Content using the Services' export tools at any time during the Term.
11.1 Security. TrueRestore will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect Customer Content against unauthorized access, use, or disclosure. TrueRestore will notify Customer without undue delay after confirming a breach of security that results in unauthorized access to Customer's Personal Data.
11.2 Subprocessors. TrueRestore uses subprocessors, including cloud hosting and AI model providers, to deliver the Services. TrueRestore will require them to protect Customer Content with obligations at least as protective as those here, and is responsible for their performance.
11.3 Privacy. Each party will comply with Applicable Data Protection Laws. TrueRestore's handling of personal information is further described in its Privacy Policy at truerestore.ai/privacy-policy. If Applicable Data Protection Laws require a data processing agreement, the parties will negotiate one in good faith.
11.4 Prohibited Data. Customer will not submit health records, payment card numbers, bank account numbers, government ID numbers, or other sensitive data the Services are not designed to protect, except as incidentally captured on a job site and minimized under Section 6.3.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, AI FEATURES, OUTPUTS, ESTIMATING SERVICES, AND DOCUMENTATION ARE PROVIDED "AS IS" AND "AS AVAILABLE." TRUERESTORE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. TRUERESTORE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OUTPUTS OR MEASUREMENTS WILL BE ACCURATE OR COMPLETE, OR THAT ANY ESTIMATE WILL BE ACCEPTED OR PAID BY ANY INSURER. CUSTOMER IS RESPONSIBLE FOR ITS DRYING, REMEDIATION, SAFETY, AND BUSINESS DECISIONS, WHETHER OR NOT INFORMED BY THE SERVICES. BETA FEATURES AND FREE TRIALS ARE PROVIDED WITHOUT ANY WARRANTY.
13.1 Excluded Damages. EXCEPT FOR EXCLUDED CLAIMS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA, DENIED OR REDUCED INSURANCE PAYMENTS, COSTS OF DELAY, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THEIR POSSIBILITY.
13.2 Cap. EXCEPT FOR EXCLUDED CLAIMS, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER TO TRUERESTORE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY. FOR FREE TRIALS, TRUERESTORE'S TOTAL LIABILITY IS $100.
13.3 Excluded Claims. "Excluded Claims" means (a) Customer's obligation to pay Fees, (b) a party's indemnification obligations, (c) Customer's breach of Sections 4.2, 5.7, or 6, and (d) a party's gross negligence, fraud, or willful misconduct.
13.4 Basis of the Bargain. These limits apply even if a remedy fails of its essential purpose. The Fees reflect this allocation of risk.
14.1 Definition. "Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") that is marked confidential or that a reasonable person would understand to be confidential. The Services, pricing in any Order Form, and AI system prompts are TrueRestore's Confidential Information. Customer Content is Customer's Confidential Information.
14.2 Obligations. Recipient will use Confidential Information only to perform under this Agreement, will share it only with personnel, contractors, and subprocessors who need to know it and are bound by similar obligations, and will protect it with at least reasonable care. On request or at termination, Recipient will return or destroy it, except as required by law or retained in routine backups.
14.3 Exceptions. These obligations do not apply to information that (a) is or becomes public through no fault of Recipient, (b) Recipient lawfully received from a third party without restriction, (c) Recipient already knew without restriction, or (d) Recipient independently developed. Recipient may disclose Confidential Information when required by law, after giving Discloser prompt notice where legally allowed.
15.1 By TrueRestore. TrueRestore will defend Customer against third-party claims alleging that the TrueRestore Solution, as provided by TrueRestore, infringes a U.S. patent, copyright, or trademark or misappropriates a trade secret, and will pay resulting damages finally awarded or settlements TrueRestore approves. If such a claim occurs or is likely, TrueRestore may procure the right for Customer to continue use, modify or replace the affected Service, or terminate the affected Service and refund prepaid unused Fees. TrueRestore has no obligation for claims arising from Customer Content, Inputs, Outputs Customer modifies or combines with other materials, Third-Party Services, use not in accordance with this Agreement, or modifications not made by TrueRestore ("Exclusions"). This Section states Customer's exclusive remedy for infringement claims.
15.2 By Customer. Customer will defend TrueRestore and its affiliates, officers, and employees against third-party claims arising from (a) Customer Content or the Exclusions, (b) Customer's failure to obtain consents required under Section 6, (c) Customer's use of Outputs or Estimating Services deliverables, including submissions to insurers or property owners, (d) actions taken by Ripple at an Authorized User's request, (e) bodily injury or property damage at Customer's job sites, or (f) Customer's breach of this Agreement or violation of law, and will pay resulting damages finally awarded or settlements Customer approves.
15.3 Procedure. The indemnified party will give prompt written notice of the claim, allow the indemnifying party sole control of the defense and settlement (provided no settlement may impose obligations on the indemnified party without its consent), and provide reasonable cooperation at the indemnifying party's expense.
16.1 Term. This Agreement starts when Customer first accepts it and continues while any subscription, trial, or Order Form is in effect (the "Term").
16.2 Termination for Breach. Either party may terminate this Agreement or an Order Form on written notice if the other party materially breaches it and fails to cure within 30 days after notice.
16.3 Suspension. TrueRestore may suspend access immediately, in whole or in part, if Customer's use (a) threatens the security or integrity of the Services, (b) violates Sections 4.2, 5.7, or 6, or (c) exposes TrueRestore to legal liability. We will restore access once the issue is resolved.
16.4 Effect of Termination. On termination or expiration, Customer's rights to use the Services end, and unpaid Fees become immediately due. Sections 4.3 through 4.6, 5.2, 5.3, 7.2, 7.5, 9, 10.3, 10.4, and 12 through 17 survive.
16.5 Data Export and Deletion. For 30 days after the Term ends, TrueRestore will make Customer Content available for export, unless Customer asks for earlier deletion. After that, TrueRestore will delete Customer Content from active systems within a commercially reasonable time, and from backups on their normal rotation. Deletion does not affect Derived Data or models already trained under Section 10.3.
17.1 Governing Law and Venue. This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the state and federal courts in New Castle County, Delaware. The UN Convention on Contracts for the International Sale of Goods does not apply.
17.2 Changes to These Terms. TrueRestore may update these Terms by posting a revised version and, for material changes, notifying Customer by email or in-app at least 30 days before they take effect. Continued use after the effective date means acceptance. For Customers on a signed Order Form, changes take effect at the next renewal unless Customer agrees sooner.
17.3 Order of Precedence. If these Terms conflict with an Order Form or SOW, the Order Form or SOW controls only where it expressly states that it overrides a specific section of these Terms.
17.4 Export and Sanctions. Customer will comply with U.S. export control and sanctions laws and will not use the Services in or for an embargoed country or a restricted party.
17.5 Assignment. Neither party may assign this Agreement without the other's prior written consent, except that either party may assign it without consent to a successor in a merger, acquisition, reorganization, or sale of all or substantially all of its assets or of the business unit to which this Agreement relates. Any other assignment is void.
17.6 Compliance with Law. Customer will comply with all laws applicable to its use of the Services, including privacy, recording, consumer protection, contractor licensing, and insurance laws.
17.7 Force Majeure. Neither party is liable for delays caused by events beyond its reasonable control, including outages of hosting or AI model providers, except for payment obligations.
17.8 Independent Contractors. The parties are independent contractors. Neither is the agent or partner of the other.
17.9 Notices. Notices to TrueRestore go to help@truerestore.ai, with a copy to jon@truebuiltsoftware.com for notices of breach or termination. Notices to Customer go to the email address on Customer's account or Order Form. Either party may update its notice address by notice.
17.10 Severability and Waiver. If any provision is unenforceable, it will be modified to the minimum extent needed and the rest stays in effect. Failure to enforce a provision is not a waiver.
17.11 Entire Agreement. This Agreement, including any Order Forms and documents incorporated by reference, is the entire agreement between the parties on its subject matter and supersedes all prior agreements and communications, including prior versions of these Terms and any Capabuild terms. Except as stated in Section 17.2, amendments must be in writing and signed by both parties. Terms in Customer purchase orders do not apply.