Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Notch ("Notch", "we", "us") and govern your access to and use of notch.build, the Notch application, our free online tools, and related products and services (together, the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization. If your organization has a separate written agreement with Notch, that agreement controls where it conflicts with these Terms. You must be at least 16 years old (and old enough to form a binding contract where you live) to use the Service.

1. The Service

Notch is a browser-based tool for marking up, measuring, comparing, and sharing construction drawings and other PDF documents. Documents live in a workspace; workspace members can collaborate on them subject to the roles and permissions set within that workspace. We also offer free, standalone PDF utilities on our website that process files entirely in your browser.

2. Accounts and security

You must provide accurate, current information when creating an account and keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account, whether or not authorized by you, until you notify us. Notify us promptly at team@notch.build of any suspected unauthorized use or security incident. You may not share one account among multiple people or transfer your account to anyone else.

3. Workspaces, roles, and administrators

• Each workspace has an owner and may have administrators. Workspace admins can invite and remove members, assign roles and seats, manage billing, create and revoke share links, and access, modify, export, and delete content in the workspace — including content you created.
• If you join a workspace owned by someone else (for example, your employer), that owner controls the workspace and its content, and their instructions to us regarding the workspace may override your preferences. Your use of a workspace may also be subject to your organization's own policies.
• You are responsible for the people you invite into your workspace and for their compliance with these Terms.

4. Plans, seats, billing, and trials

The Service offers a free plan and a paid Pro plan billed per seat. Current pricing, what each plan includes, and any usage limits are published on our pricing page and presented at checkout; the price shown when you subscribe is the price that applies to your initial term. As of the date above, Pro is $24 per seat per month or $240 per seat per year, billed in advance in U.S. dollars, exclusive of taxes.

• Seats. A paid seat is required for each member who creates or edits markups, measurements, and takeoffs. Viewing, commenting, and share-link access do not require a paid seat. You may not rotate a single seat among multiple people to circumvent seat counts.
• Changes during a term. You may add seats at any time; added seats are charged a prorated amount for the remainder of the current term. Seat removals and downgrades take effect at the start of the next renewal term.
• Auto-renewal and cancellation. Subscriptions renew automatically for successive terms of the same length unless you cancel before the renewal date in your billing settings. Cancellation takes effect at the end of the current paid term; you keep access until then. Except where required by law, fees are non-refundable and we do not provide credits for partial terms or unused seats.
• Trials. Free trials convert to a paid subscription at the end of the trial unless you cancel first. We will state the trial length and any conditions when you start one.
• Payment. Payments are processed by our payment provider (currently Stripe). You authorize us to charge your payment method for all fees due, including renewals. If a payment fails, we may retry it and may suspend or downgrade the affected workspace after reasonable notice.
• Taxes. Fees exclude taxes, levies, and duties; you are responsible for all of these other than taxes on our income.
• Price changes. We may change prices with reasonable advance notice; changes take effect at your next renewal. If you do not agree, cancel before the renewal.
• Free plan and free tools. We may set, change, or enforce limits on free plans and free tools, and may modify or discontinue them, at any time.

5. Your Content

You retain all rights, title, and interest in the drawings, documents, markups, measurements, comments, and files you or your workspace members submit to the Service ("Your Content"). We do not claim ownership of Your Content.

• License to us. You grant Notch a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and create technical derivatives of (for example, thumbnails and rendered tiles) Your Content, solely as needed to operate, provide, secure, and improve the Service for you and your workspace, and as directed by you (for example, when you create a share link). This license ends when Your Content is deleted from the Service, except for residual copies in backups (removed on a rolling schedule) and content already shared with others at your direction.
• Your responsibilities. You are responsible for Your Content and represent that you have all rights necessary to upload it and to grant the license above, and that Your Content and its use with the Service do not violate any law or third-party right.
• Usage data. We may collect and use data about how the Service is accessed and used, and aggregated or de-identified data derived from it, to operate, secure, and improve the Service. We do not use Your Content to train general-purpose AI models and do not permit our AI providers to do so.

6. Share links

The Service lets workspace members create share links that allow anyone who has the link to view the shared document and its markups without signing in. You are responsible for deciding what to share and with whom, and for revoking links when access should end. Treat a share link like the document itself: anyone the link is forwarded to can open it until it is revoked.

7. Acceptable use

You agree not to, and not to permit anyone else to:

• use the Service to violate any law or regulation, or to infringe, misappropriate, or violate anyone's intellectual-property, privacy, or other rights;
• upload content you do not have the right to upload, or that is unlawful, defamatory, or malicious (including malware or code designed to disrupt or exfiltrate);
• probe, scan, or test the vulnerability of the Service, breach or circumvent its security or authentication measures, or access data or workspaces you are not authorized to access;
• interfere with or disrupt the Service, including by overloading it, scraping it at scale, or using it to send spam;
• reverse-engineer, decompile, or disassemble the Service, or copy any of its features or interface to build a competing product, except to the extent a law expressly permits it despite this restriction;
• resell, sublicense, rent, or provide the Service to third parties as a service bureau, or misrepresent your affiliation with Notch;
• circumvent usage limits, seat counts, trial restrictions, or access controls; or
• upload sensitive personal information that the Service is not designed to handle — such as government identifiers, health records, or payment-card data — into drawing content or comments.

We may investigate suspected violations and may remove or disable content that violates these Terms or the law.

8. Professional-use disclaimer — measurements and takeoffs

Notch is a productivity tool for construction professionals; it is not a substitute for professional judgment, licensed engineering or architectural review, surveying, or verified contract documents. In particular:

• Measurements, takeoffs, and quantity totals depend on the scale calibration you set, the accuracy of the underlying drawing, page rotation and units, and how you draw the measurement. They are estimating aids, not guaranteed dimensions or quantities.
• The contract documents issued for your project — not a marked-up PDF in Notch — govern what is built. Always verify critical dimensions, quantities, and revisions against the issued documents and field conditions before bidding, ordering, fabricating, or building.
• You are solely responsible for decisions (including bids, estimates, orders, and construction means and methods) made in reliance on output from the Service.

9. AI-assisted features

Some features use artificial intelligence, including large language models from third-party providers. AI output is generated automatically and may be inaccurate, incomplete, or misleading — it is provided for convenience only, does not constitute professional advice, and must be verified before you rely on it (Section 8 applies fully to AI output). To the extent we hold any rights in AI output generated for you, we assign them to you; you are responsible for your use of AI output. We may impose usage limits on AI features. Our Privacy Policy describes how content is handled when you invoke an AI feature.

10. Beta and pre-release features

We may offer features identified as alpha, beta, preview, early access, or similar. Beta features are provided for evaluation, "as is", may be changed or discontinued at any time without notice, may be subject to additional terms, and are excluded from any availability or support commitments. Use them at your own risk.

11. Third-party services

The Service interoperates with third-party services — for example, sign-in with Google or Microsoft, payment processing, and any integrations or import sources you choose to connect. Your use of a third-party service is governed by that provider's own terms and privacy policy, and we are not responsible for third-party services. If a third party you connected stops making data available to us, we are not obligated to recreate it.

12. Intellectual property; feedback

The Service, including all software, design, interfaces, and content we provide (but excluding Your Content), is owned by Notch and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service in accordance with these Terms during your subscription. We reserve all rights not expressly granted. "Notch" and our logos are our trademarks; do not use them without our permission.

If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you.

13. Copyright complaints

We respond to notices of alleged copyright infringement that comply with applicable law (including the U.S. Digital Millennium Copyright Act). If you believe content on the Service infringes your copyright, email team@notch.build with the subject "Copyright notice" and include: identification of the work and of the allegedly infringing material (with enough detail to locate it), your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that your notice is accurate and you are authorized to act, and your physical or electronic signature. We may remove content, forward notices to the affected user, and terminate repeat infringers' accounts in appropriate circumstances.

14. Privacy and data protection

Our Privacy Policy explains how we collect, use, and share personal information, and our Security page describes how we protect your data. For workspace content, Notch acts as a processor/service provider on behalf of the workspace owner. If your organization requires a data processing agreement (for example, under the GDPR), contact team@notch.build.

15. Changes to the Service

We are continuously improving Notch and may add, change, or remove features. We will not materially reduce the core functionality of a paid plan during a paid term without reasonable notice; if we do, and the change materially harms you, your remedy is to cancel and receive a prorated refund of prepaid fees for the remainder of the term.

16. Availability, support, and maintenance

We work to keep the Service available and reliable but do not guarantee uninterrupted or error-free access. The Service may be unavailable due to maintenance, updates, or factors beyond our reasonable control. We provide support by email and in-product channels at the levels described for your plan.

17. Suspension

We may suspend or limit access to the Service (or a workspace, account, or piece of content) if we reasonably believe: (a) these Terms have been materially breached, including non-payment; (b) your use poses a security risk to the Service or others; or (c) suspension is required by law. Where practicable we will give notice and an opportunity to cure before suspending, and we will limit suspensions in scope and duration to what is reasonably necessary.

18. Term, termination, and data export

• By you. You may stop using the Service and delete your account or workspace at any time. Deleting mid-term does not entitle you to a refund except as stated in these Terms or required by law.
• By us. We may terminate these Terms or your access (i) for material breach that is not cured within a reasonable period after notice, (ii) immediately for serious violations (such as unlawful use or security abuse), or (iii) for free accounts that have been inactive for an extended period, with prior notice.
• Data export and deletion. You can export Your Content from the Service at any time while your account is active, and for at least 30 days after termination or expiration (except termination for serious violation) you may request an export. Afterward, we will delete Your Content from our active systems in the ordinary course of business, and from backups on a rolling schedule, except as retention is required by law.
• Survival. Sections that by their nature should survive termination do survive, including those governing Your Content license (for the wind-down period), payment obligations, disclaimers, limitations of liability, indemnification, dispute resolution, and general terms.

19. Warranties and disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTCH AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MEASUREMENTS, TAKEOFFS, COMPARISON RESULTS, OR AI OUTPUT WILL BE ACCURATE OR COMPLETE. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you; in that case, disclaimers apply to the fullest extent permitted.

20. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) NOTCH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR US $100. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STATUTE, OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT LIMIT LIABILITY THAT CANNOT BE LIMITED BY LAW, YOUR PAYMENT OBLIGATIONS, OR EITHER PARTY'S LIABILITY FOR ITS FRAUD OR WILLFUL MISCONDUCT. FOR THE AVOIDANCE OF DOUBT, NOTCH IS NOT LIABLE FOR CONSTRUCTION ERRORS, ESTIMATING ERRORS, OR PROJECT LOSSES ARISING FROM RELIANCE ON THE SERVICE CONTRARY TO SECTION 8.

21. Indemnification

You will defend, indemnify, and hold harmless Notch and its officers, directors, employees, and agents from and against claims, damages, liabilities, and expenses (including reasonable legal fees) arising from: (a) Your Content; (b) your use of the Service in violation of these Terms or the law; or (c) your violation of any third-party right. We will notify you promptly of any such claim and may participate in the defense with our own counsel at our expense; you may not settle a claim in a way that imposes obligations on us without our consent.

22. Dispute resolution; arbitration; class waiver

• Talk to us first. Before filing a claim, you agree to contact us at team@notch.build and give us 30 days to try to resolve the dispute informally. We will do the same before filing against you.
• Arbitration. Any dispute not resolved informally will be settled by final and binding arbitration before a single arbitrator on an individual basis, seated in Toronto, Ontario, and conducted under Ontario's Arbitration Act, 1991 (or the International Commercial Arbitration Act, 2017, where it applies), rather than in court. The arbitration may be conducted remotely by video where practical. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in court for intellectual-property infringement, misappropriation, or unauthorized access.
• Class action and jury waiver. To the extent permitted by law, you and Notch each waive the right to a jury trial and the right to participate in a class, collective, consolidated, or representative action. If the class waiver is found unenforceable as to a particular claim, that claim (and only that claim) shall proceed in court.
• Opt-out. You may opt out of this arbitration agreement by emailing team@notch.build with the subject "Arbitration opt-out" within 30 days of first accepting these Terms; opting out does not affect any other part of these Terms.
• Nothing in this section limits rights you have under mandatory consumer-protection law in your place of residence.

23. Governing law

These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws rules, and subject to any mandatory laws of your place of residence. For any matter not subject to arbitration under Section 22, you and Notch submit to the exclusive jurisdiction of the courts located in Toronto, Ontario. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

24. Export control and sanctions

You agree to comply with all applicable export-control and sanctions laws. You represent that you are not located in, and are not a resident or national of, any embargoed country, and are not on any government restricted-party list, and you will not use the Service where prohibited by such laws.

25. Changes to these Terms

We may update these Terms from time to time. We will revise the "last updated" date above and, for material changes, provide reasonable advance notice (such as by email or an in-app notice). Changes apply prospectively; material changes to a paid plan take effect no earlier than your next renewal unless required sooner by law. Your continued use after changes take effect constitutes acceptance; if you do not agree, stop using the Service and cancel before renewal.

26. General

• Entire agreement. These Terms, together with the policies they reference and any order or checkout terms, are the entire agreement between you and Notch regarding the Service and supersede prior agreements on that subject.
• Severability; waiver. If a provision is found unenforceable, it will be modified to the minimum extent necessary (or severed) and the rest remains in effect. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets, or to an affiliate.
• Force majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control.
• Notices. We may provide notices by email to the address on your account or through the Service; you may send legal notices to team@notch.build.
• No third-party beneficiaries; independent parties. These Terms create no third-party rights, and nothing in them creates a partnership, agency, or employment relationship.

27. Contact

Questions about these Terms? Email team@notch.build.