Legal Information
BridgePoint AI, Inc. d/b/a ProBlu
Last Updated: December 14, 2024
Privacy Policy
BridgePoint AI, Inc. d/b/a ProBlu ("we," "us," or "our") operates the ProBlu software service, including change order management, daily logs, and related documentation features, accessible via text messaging and our website (the "Service"). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Service. This policy applies to all users within the United States.
By using the Service, you agree to the collection and use of information in accordance with this policy.
Information We Collect
We may collect the following types of information:
- Contact information (e.g., phone number, email address)
- Account Information (e.g., name, company name, user preferences)
- Usage Data (e.g., interactions with the Service, texting patterns, feature usage, IP address, browser type)
- Construction Documentation Data (e.g., change order details, daily log entries, project information, descriptions, hours, materials, photos submitted via text or web). Photos may contain images of individuals, property, or other identifiable information.
- Device Information (e.g., device type, operating system)
- Location Data (e.g., job site locations associated with projects)
- Payment Information (processed securely by our third-party payment processor, Stripe)
- Cookies and Similar Technologies (see "Use of Cookies" section below)
We collect this information through:
- Direct user input (when you sign up, use the Service, or contact us)
- Automated technologies (when you interact with our website or Service)
- Third-party sources (e.g., payment processors, analytics providers, weather data providers, only as necessary and permitted)
How We Use Your Information
We use collected data to:
- Provide, operate, and maintain the Service
- Process transactions and manage your account
- Generate AI-assisted documentation based on your inputs
- Improve, personalize, and expand the Service
- Understand and analyze how you use the Service
- Develop new products, services, features, and functionality
- Communicate with you (e.g., service updates, support, marketing with opt-out options)
- Prevent fraud and enhance security
- Comply with legal obligations and enforce our terms
The legal basis for processing includes:
- Performance of our service contract with you
- Your consent
- Our legitimate business interests (e.g., improving the service, security)
- Compliance with legal obligations
Data Sharing
We may share data with:
- Third-Party Service Providers: Who perform services for us (e.g., hosting, payment processing, analytics, communication, weather data, AI processing). They only access data needed to perform their functions and are obligated to protect it.
- Legal Requirements: If required by law, subpoena, or other legal process, or to protect our rights or the safety of others.
- Business Transfers: In connection with a merger, acquisition, or asset sale, your information may be transferred.
- With Your Consent: We may share information for other purposes with your explicit consent.
We do not sell your personal information for monetary consideration. We do not share your personal information for cross-context behavioral advertising.
Your content is processed by third-party AI service providers to generate documentation. We do not use your data to train our own AI models, and under our agreements with these providers, your data is not used to train their AI models.
Data Security
We implement reasonable administrative, technical, and physical security measures designed to protect your information from unauthorized access, use, or disclosure. Measures include:
- Encryption of data in transit and at rest
- Access controls and authentication
- Regular security audits
- Employee training on data protection
However, no internet transmission or electronic storage is 100% secure. While we strive to protect your data, we cannot guarantee its absolute security.
Data Breach Notification
In the event of a data breach that compromises your personal information, we will notify affected users in accordance with applicable state and federal laws. Depending on the nature and scope of the breach, notification may be provided via email, through the Service, or by other means as required by law. We will also notify relevant regulatory authorities as required. Notification will include, to the extent known, the nature of the breach, the types of information involved, and steps you can take to protect yourself.
User Rights
Depending on your jurisdiction, you may have the following rights regarding your personal information:
- Right to Access: Request access to the personal information we hold about you.
- Right to Correction: Request correction of inaccurate or incomplete data.
- Right to Deletion: Request deletion of your personal information, subject to certain exceptions.
- Right to Opt-Out: Opt-out of certain data uses, such as marketing communications or potentially the "sale" or "sharing" of data as defined by specific state laws (though we don't currently engage in traditional selling).
- Right to Data Portability: Request a copy of your data in a portable format.
- Right to Non-Discrimination: Not be discriminated against for exercising your privacy rights.
To exercise these rights, please contact us using the information below.
State-Specific Provisions
California (CCPA/CPRA):
- Right to Know: About the categories and specific pieces of personal information collected, sources, purposes, and categories of third parties shared with.
- Right to Delete: Request deletion of your personal information.
- Right to Correct: Request correction of inaccurate information.
- Right to Opt-Out: Of the "sale" or "sharing" of personal information (as defined by CCPA/CPRA).
- Right to Limit Use of Sensitive Personal Information: If applicable.
- Right to Non-Discrimination.
Virginia (VCDPA):
- Right to Confirm/Access: Confirm processing and access your data.
- Right to Correct: Correct inaccuracies.
- Right to Delete: Delete personal data.
- Right to Data Portability: Obtain a copy of your data.
- Right to Opt-Out: Of targeted advertising, sale of personal data, and certain profiling.
Colorado (CPA):
Provides rights similar to VCDPA, including the right to opt-out via a user-selected universal opt-out mechanism where technically feasible.
Connecticut (CTDPA):
Provides rights similar to VCDPA and CPA.
Utah (UCPA):
- Right to Access: Access personal data.
- Right to Delete: Delete personal data provided by the consumer.
- Right to Data Portability: Obtain a copy of data provided by the consumer.
- Right to Opt-Out: Of the processing for targeted advertising or the "sale" of personal data.
Other States:
Residents of other states with applicable privacy laws (including but not limited to Texas, Oregon, Montana, Delaware, Iowa, Tennessee, and Indiana) may have similar rights under their respective state laws. To exercise any privacy rights available under your state's laws, please contact us using the information provided below.
Data Retention
We retain your personal information for as long as necessary to fulfill the purposes outlined in this policy, unless a longer retention period is required or permitted by law (e.g., for tax, accounting, or other legal requirements). When we no longer have a legitimate business need to process your information, we will either delete or anonymize it.
Age Requirement
The Service is intended for use by businesses and individuals who are at least 18 years of age. By using the Service, you represent that you are at least 18 years old. We do not knowingly collect personal information from individuals under 18. If we become aware that we have collected data from an individual under 18, we will take steps to delete it.
Changes to Policy
We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new policy on this page and updating the "Last Updated" date. We may also notify you via email or through the Service for significant changes. You are advised to review this Privacy Policy periodically.
Contact Information
For privacy-related inquiries, contact us at:
BridgePoint AI, Inc. d/b/a ProBlu
4424 S 700 E, Suite 220
Millcreek, UT 84107
Email: [email protected]
Use of Cookies
Our website uses cookies to enhance your user experience and improve our service. Cookies are small text files stored on your device that help us recognize you and your preferences.
Types of cookies we use:
- Essential cookies: These are necessary for the website to function properly.
- Functionality cookies: These remember your choices and preferences.
You can control and/or delete cookies as you wish. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. However, if you do this, you may have to manually adjust some preferences every time you visit our website and some services and functionalities may not work.
For more information about cookies and how to manage them, visit www.allaboutcookies.org.
By continuing to use our website, you agree to our use of cookies as described in this policy.
End-User License Agreement (EULA)
Acceptance of Terms
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and BridgePoint AI, Inc. d/b/a ProBlu. By installing, accessing, or using the ProBlu software service, including but not limited to change order management, daily logs, and related documentation features accessible via the website (problu.com) and associated mobile texting services, you agree to be bound by this EULA.
1. License Grant
We grant you a limited, non-exclusive, non-transferable license to use the Service strictly in accordance with the terms of this EULA, solely for your internal business operations related to construction documentation management, including change orders, daily logs, and related features.
2. Restrictions on Use
You may not:
- Reverse engineer or attempt to extract the source code of our Service
- Use the Service for any illegal activities
- Resell or redistribute the Service
- Remove or alter any copyright or proprietary notices
- Use the Service in a way that could damage or overburden our systems
- Use the Service to generate fraudulent, false, or misleading documentation
- Submit false or inaccurate information to the Service
3. Mobile Texting Service
Our Service includes a mobile texting feature. By providing your phone number and using this feature, you expressly consent to receive text messages from ProBlu related to the Service, including but not limited to service notifications, document confirmations, approval requests, and account alerts. You agree that such consent constitutes your express written consent for purposes of the Telephone Consumer Protection Act (TCPA) and similar state laws.
Message frequency varies based on your use of the Service. Standard message and data rates may apply. You are responsible for any fees charged by your mobile carrier. You may opt out of text messages at any time by replying STOP to any message or by contacting us at [email protected]. Opting out of text messages may limit your ability to use certain features of the Service.
Important: Text message content used to generate documentation may not be permanently retained by the Service. You should maintain your own records of communications as needed for your business, legal, or regulatory requirements.
4. AI-Generated Content Disclaimer
IMPORTANT: The Service uses artificial intelligence ("AI") to assist in creating change orders, daily logs, and other construction documentation based on user input via text messaging and other interfaces. You acknowledge and agree that:
- AI-generated content may contain errors, omissions, misinterpretations, or inaccuracies. The AI processes natural language input and may not always correctly interpret your intended meaning.
- The AI may not capture the full context, nuance, technical details, or industry-specific terminology of your communications.
- YOU ARE SOLELY RESPONSIBLE for reviewing, verifying, editing, and approving all AI-generated content before use, submission, or distribution.
- Documents should not be submitted to clients, contractors, project owners, or other parties, nor relied upon for any purpose, without your thorough review and explicit approval.
- The Service is a tool to assist with documentation creation. It is not a replacement for professional judgment, expertise, or review.
- We do not guarantee that AI-generated content will be suitable for any particular purpose, including but not limited to contractual compliance, legal proceedings, or regulatory requirements.
- You assume all risk associated with the use of AI-generated content.
5. Construction Documentation Disclaimer
IMPORTANT: You acknowledge that change orders, daily logs, and other documentation created using the Service may be used in legal proceedings, audits, insurance claims, regulatory investigations, contractual disputes, mechanics lien actions, delay claims, or other legal matters. By using the Service:
- You accept full responsibility for the accuracy, completeness, and appropriateness of all documentation created using the Service.
- You understand that ProBlu is not providing legal, professional, construction management, or consulting services.
- ProBlu makes no representation or warranty that documents created using the Service will meet any legal, contractual, regulatory, or evidentiary requirements.
- ProBlu shall not be liable for any outcomes in legal proceedings, disputes, claims, or any other matters arising from the use of documents created with the Service.
- You should consult with qualified legal counsel and other appropriate professionals regarding documentation requirements for your specific projects, contracts, and jurisdiction.
- The Service does not guarantee compliance with any federal, state, or local laws, regulations, building codes, OSHA requirements, or industry standards.
6. No Professional Services
ProBlu is a software tool, not a licensed contractor, construction consultant, attorney, or professional advisor. The Service does not constitute and shall not be construed as:
- Legal advice or legal services;
- Construction management or consulting services;
- Professional engineering or architectural services;
- Compliance certification or regulatory advice;
- Contract interpretation, drafting, or negotiation services;
- Accounting, tax, or financial advice;
- Expert testimony or expert opinion services.
You should obtain appropriate professional advice from qualified and licensed professionals for matters requiring professional judgment or licensure.
7. User Verification Obligation
Before submitting, sharing, distributing, or relying on any document created through the Service, you MUST:
- Review the complete document for accuracy and completeness;
- Verify all numerical values, quantities, measurements, descriptions, dates, and details;
- Confirm the document accurately reflects the work performed, materials used, or conditions observed;
- Ensure the document meets your contractual, legal, and regulatory requirements;
- Make any necessary corrections, additions, or modifications.
Your use, submission, or distribution of any document created through the Service constitutes your verification and approval of its contents and your acceptance of full responsibility for the document.
8. Third-Party Data
The Service may incorporate data from third-party sources, including but not limited to weather information, location data, and pricing databases. We do not guarantee the accuracy, completeness, timeliness, or reliability of any third-party data. You are solely responsible for verifying any third-party data included in your documentation. Third-party data is provided "as is" without warranty of any kind.
9. Intellectual Property Rights
All intellectual property rights in the Service remain the property of BridgePoint AI, Inc. d/b/a ProBlu. You may not use our trademarks or other intellectual property without our prior written consent. This EULA does not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights with respect to the Service.
10. User-Generated Content
You retain ownership of any content you submit through the Service, including change order details, daily log entries, text messages, photos, and uploaded files ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content solely for the purpose of providing and improving the Service.
You represent and warrant that you have all necessary rights to submit User Content and that your User Content does not violate any third-party rights or applicable laws.
Photo and Image Submissions: When submitting photos or images through the Service, you are solely responsible for ensuring you have obtained any necessary consents from individuals depicted in the photos, have the right to photograph any property or proprietary information shown, and have complied with any applicable job site photography policies or restrictions. You agree not to submit photos containing sensitive personal information (such as Social Security numbers, financial account numbers, or medical information) unless necessary for legitimate documentation purposes.
11. Records Retention
ProBlu is not a records retention, archival, or backup service. You are solely responsible for:
- Maintaining your own backup copies of all documentation;
- Exporting and preserving documents as needed for your records;
- Complying with any applicable document retention requirements under contracts, laws, or regulations;
- Preserving documents that may be relevant to anticipated or ongoing litigation (litigation hold).
We reserve the right to delete data in accordance with our retention policies, upon account termination, or as required by law. We are not liable for any loss of data or documents.
12. Termination Conditions
We may terminate or suspend your access to the Service immediately, without prior notice, for any breach of this Agreement. Upon termination, your right to use the Service will immediately cease. You may terminate this EULA by ceasing all use of the Service and notifying us.
Upon termination, you should export any data or documents you wish to retain prior to the termination effective date. We are not obligated to retain your data after termination.
Sections related to intellectual property, disclaimers, limitations of liability, indemnification, and governing law shall survive termination.
13. Disclaimers and Limitations of Liability
THE SERVICE IS 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, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- AI-GENERATED CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE;
- THE SERVICE WILL MEET YOUR LEGAL, CONTRACTUAL, OR REGULATORY REQUIREMENTS;
- DOCUMENTATION CREATED USING THE SERVICE WILL BE ADMISSIBLE, PERSUASIVE, OR SUFFICIENT IN ANY LEGAL PROCEEDING, CLAIM, OR DISPUTE;
- WEATHER DATA, TIMESTAMPS, LOCATION DATA, PRICING INFORMATION, OR OTHER AUTOMATICALLY CAPTURED OR THIRD-PARTY DATA WILL BE ACCURATE;
- THE SERVICE WILL BE COMPATIBLE WITH YOUR EXISTING SYSTEMS, WORKFLOWS, OR REQUIREMENTS;
- ANY ERRORS OR DEFECTS IN THE SERVICE WILL BE CORRECTED.
IN NO EVENT SHALL BRIDGEPOINT AI, INC. D/B/A PROBLU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:
- DAMAGES ARISING FROM INACCURATE, INCOMPLETE, OR ERRONEOUS AI-GENERATED CONTENT;
- DAMAGES ARISING FROM RELIANCE ON DOCUMENTATION CREATED USING THE SERVICE;
- LOSS OF PROFITS, REVENUE, CONTRACTS, BUSINESS OPPORTUNITIES, OR GOODWILL;
- COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES;
- DAMAGES ARISING FROM LEGAL PROCEEDINGS, DISPUTES, OR CLAIMS;
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE PRECEDING SIX (6) MONTHS, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
14. Indemnification
You agree to defend, indemnify, and hold harmless BridgePoint AI, Inc. d/b/a ProBlu, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Service;
- Documents created, submitted, or distributed using the Service;
- Your violation of this Agreement;
- Your violation of any applicable laws, regulations, or third-party rights;
- Any claim by a third party related to documentation you created, shared, submitted, or relied upon using the Service;
- Any dispute, claim, or legal proceeding in which documents created using the Service are involved;
- Your User Content;
- Your negligence or willful misconduct.
15. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Utah, without regard to its conflict of law principles. However, this choice of law may not deprive you of the protection afforded under the laws of your state of residence where such laws cannot be derogated by contract.
16. Dispute Resolution
Any dispute arising from this Agreement will preferably be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Salt Lake County, Utah. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
You may opt-out of this arbitration provision within 30 days of accepting this Agreement by sending written notice to [email protected].
Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.
17. Force Majeure
ProBlu shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, labor disputes, telecommunications failures, internet outages, power outages, or third-party service provider failures.
18. Updates to Terms
We reserve the right to modify this EULA at any time. We will provide notice of significant changes by posting the updated terms on our website and updating the "Last Updated" date. We may also notify you via email or through the Service. Continued use of the Service after such changes constitutes acceptance of the new terms. If you do not agree to the modified terms, you must stop using the Service.
19. Material Price Lookup and Liability
- The Service may include features for material price lookup and estimation. While we strive to provide accurate and reasonably current information, these prices are provided as estimates for convenience only and may not reflect precise real-time market conditions, specific supplier pricing, regional variations, or current availability.
- You acknowledge that material prices are subject to fluctuation and that the Service's estimates may contain inaccuracies or be outdated. It is solely your responsibility to verify current and accurate pricing directly with your suppliers before making any financial commitments, submitting bids, or finalizing change orders based on these estimates.
- BridgePoint AI, Inc. d/b/a ProBlu shall not be liable for any losses, damages, or costs (including direct, indirect, incidental, or consequential damages) incurred as a result of reliance on material price estimates provided by the Service. This includes, but is not limited to, financial losses due to incorrect pricing in change orders, project bids, or other business decisions.
- In the event of a significant discrepancy between our estimate and the actual price, we encourage you to report this to our customer support team. While we are not obligated to do so, we may, at our discretion, investigate and update our pricing database based on feedback to improve future estimates. Your use of the pricing feature constitutes acceptance of this limitation of liability.
- This disclaimer applies to the maximum extent permitted by applicable law.
- This clause does not affect your statutory rights as a consumer where applicable law prohibits such limitations.
20. Severability
If any provision of this EULA is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
21. Waiver
No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision.
22. Assignment
You may not assign or transfer this Agreement or your rights under this Agreement without our prior written consent. We may assign this Agreement without restriction. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
23. Entire Agreement
This EULA, together with the Privacy Policy and any other legal notices or terms published by us on the Service, constitutes the entire agreement between you and BridgePoint AI, Inc. d/b/a ProBlu regarding your use of the Service and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written.
24. Contact Information
For questions about this EULA or the Service, contact us at:
BridgePoint AI, Inc. d/b/a ProBlu
4424 S 700 E, Suite 220
Millcreek, UT 84107
Email: [email protected]