Legal Information
BridgePoint AI, Inc. d/b/a ProBlu
Last Updated: September 3, 2024
Privacy Policy
BridgePoint AI, Inc. d/b/a ProBlu ("we," "us," or "our") operates the Change Order Assistant software service, 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)
- Change Order Data (e.g., details submitted via text or web, including descriptions, hours, materials, photos)
- Device Information (e.g., device type, operating system)
- 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, 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
- 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). 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 in the traditional sense.
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.
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.
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.
Children's Privacy
Our Service is not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If we become aware that we have collected data from a child under 13 without parental consent, 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
Email: support@problu.com
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 Change Order Assistant software service, including but not limited to 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 change order management.
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
3. Mobile Texting Service
Our Service includes a mobile texting feature. By using this feature, you agree to receive text messages related to the Service. Standard message and data rates may apply. You are responsible for any fees charged by your mobile carrier in connection with your use of the texting service.
4. 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.
5. User-Generated Content
You retain ownership of any content you submit through the Service, including change order details, text messages, 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.
6. 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. Sections related to intellectual property, disclaimers, limitations of liability, and governing law shall survive termination.
7. 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 OR ERROR-FREE. IN NO EVENT SHALL BRIDGEPOINT AI, INC. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE PRECEDING SIX (6) MONTHS.
8. Governing Law and Jurisdiction
This Agreement is governed by the laws of the State of Utah. 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.
9. 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 Utah. You may opt-out of this arbitration provision within 30 days of accepting this Agreement by sending written notice to support@problu.com.
10. Updates to Terms
We reserve the right to modify this EULA at any time. We will provide notice of significant changes. Continued use of the Service after such changes constitutes acceptance of the new terms.
11. 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, or regional variations.
- 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.
12. Severability
If any provision of this EULA is held to be unenforceable or invalid, 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.
13. Entire Agreement
This EULA, together with the Privacy Policy, 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 and understandings.
Acceptance of Terms (Reaffirmation)
By using change order creation and management software belonging to BridgePoint AI, Inc. d/b/a ProBlu, including but not limited to the website (problu.com) and associated mobile texting services, you agree to be bound by this EULA.