Terms of Service
Last updated: May 09, 2026
Please read these Terms of Service (“Terms”) carefully before using Crossbeam Cloud. These Terms constitute a legally binding agreement between you and BrainFog Solutions LLC (“Company,” “we,” “us,” or “our”), a Texas limited liability company operating the Crossbeam Cloud platform.
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Definitions
- Service — the Crossbeam Cloud platform, including the website at crossbeamcloud.com, the GC application, the Subcontractor portal, APIs, and all related services.
- Organization — the company, firm, or legal entity that creates an account to use the Service.
- General Contractor (“GC”) — an Organization that subscribes to a paid plan.
- Subcontractor — an Organization or individual that creates a free account to submit compliance documents.
- Authorized User — any individual granted access to the Service by an Organization.
- Documents — files uploaded to the Service, including Certificates of Insurance (COIs), W9 forms, bonds, endorsements, waivers, and subcontract agreements.
- Subscription — the paid plan selected by a GC, as described in Section 5.
- Billing Cycle — the recurring period (monthly or annual) for which the Subscription is billed.
2. Eligibility
You must be at least 18 years of age and have the legal authority to bind the Organization you represent. By using the Service, you represent and warrant that you meet these requirements.
3. Account Registration
3.1 Account Creation
To use the Service, you must create an Account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
3.2 Organization Accounts
GC Organizations may invite Authorized Users and assign roles (e.g., Admin, Project Manager, Accounting). The Organization administrator is responsible for managing user access and permissions.
3.3 Subcontractor Accounts
Subcontractors may create free accounts to submit Documents and manage compliance across multiple GCs. Subcontractor accounts remain free indefinitely and do not require payment information.
4. The Service
4.1 Description
Crossbeam Cloud is a construction compliance management platform that enables GCs to track, verify, and manage subcontractor insurance documentation. The Service includes:
- Document upload, AI-powered data extraction, and compliance verification
- Requirement profile creation and automated compliance checking
- Automated outreach to insurance agents and brokers
- Electronic signature workflows for waivers and agreements
- Third-party integrations (e.g., Procore)
- Compliance dashboards, reporting, and audit trails
- Malware scanning of uploaded Documents
4.2 AI-Powered Extraction
The Service uses artificial intelligence to extract data from uploaded Documents. While we strive for accuracy, AI extraction is not infallible. You are responsible for reviewing extracted data and verifying its accuracy before relying on it for compliance decisions. We do not guarantee that extracted data is complete, accurate, or current.
4.3 Not Legal or Insurance Advice
The Service is a compliance management tool. It does not constitute legal advice, insurance advice, or professional consulting. The Service does not replace the judgment of qualified legal, insurance, or risk management professionals. You are solely responsible for your compliance decisions and obligations.
4.4 Automated Outreach
When you use our automated compliance outreach features, emails are sent to insurance agents and brokers on behalf of your Organization using contact information extracted from Documents. You represent that you have the authority to send these communications and that they comply with applicable laws, including the CAN-SPAM Act.
5. Pricing and Payment
5.1 Subscription Plans
GC Organizations select a Subscription plan based on the number of active subcontractors managed. Plans include a base number of subcontractor seats with per-seat overage rates. Current pricing is available at crossbeamcloud.com/pricing.
5.2 Free Trial
New GC Organizations receive a 14-day free trial. During the trial, you have access to all features of your selected plan. Your payment method is collected at signup but will not be charged until the trial expires. You may cancel at any time during the trial at no cost.
5.3 Billing
- Monthly plans are billed at the beginning of each monthly Billing Cycle.
- Annual plans are billed at the beginning of each annual Billing Cycle and receive a discount as specified on the pricing page.
- All payments are processed through Stripe. We do not store your full credit card information.
- Enterprise customers may pay via ACH or invoice with NET-30 terms.
5.4 Overages
If your active subcontractor count exceeds the seats included in your plan, overage charges apply at the per-seat rate specified for your plan tier. Overage charges are billed automatically in your next Billing Cycle.
5.5 Add-Ons
Optional add-on features (e.g., Automated Compliance Checking) may be purchased separately or may be included with certain plan tiers. Add-on pricing is specified on the pricing page and billed alongside your Subscription.
5.6 Compliance Event Allocation
Each Subscription plan includes a compliance event allocation calculated on an annual basis, proportional to your subcontractor seats. This annual pool applies regardless of whether you are on a monthly or annual billing plan. If your Organization’s compliance event usage exceeds this allocation, additional events are billed at the per-event rate for your plan tier.
5.7 Usage Reconciliation
If you cancel your Subscription and your cumulative compliance event usage during the active period materially exceeds the pro-rata share of your annual allocation for that period, you may be billed a usage reconciliation fee.
This fee is calculated as follows: the difference between (a) the value of compliance events consumed based on usage during the active period and (b) the pro-rata allocation for the elapsed portion of the annual period. For example, if an Organization consumes 90% of its annual compliance event allocation within the first month and then cancels, the reconciliation fee would reflect the cost of the disproportionate usage beyond the pro-rata share for that month.
You will be notified of any reconciliation amount before it is charged, and you may dispute the calculation by contacting us within 30 days.
5.8 Taxes
All fees are exclusive of applicable taxes. You are responsible for any sales, use, VAT, or similar taxes imposed on payments under these Terms.
5.9 Price Changes
We may change our pricing with at least 30 days’ notice. Price changes take effect at the start of your next Billing Cycle following the notice period.
6. Cancellation and Termination
6.1 Cancellation by You
You may cancel your Subscription at any time through the Stripe billing portal or by contacting us. Upon cancellation:
- Monthly plans — your Subscription remains active until the end of the current monthly Billing Cycle.
- Annual plans — your Subscription remains active until the end of the current annual Billing Cycle.
All cancellations are subject to the usage reconciliation provision in Section 5.7. No refunds are provided for unused portions of a Billing Cycle.
6.2 Termination by Us
We may suspend or terminate your access to the Service immediately, without prior notice, if you:
- Breach these Terms.
- Engage in fraudulent, abusive, or illegal activity.
- Fail to pay fees when due after reasonable notice and cure period.
- Use the Service in a manner that poses a security risk or disrupts the Service for other users.
6.3 Effect of Termination
Upon termination:
- Your right to access the Service ceases immediately.
- Your data is retained in accordance with our Privacy Policy and Section 8 of these Terms. Data is not automatically deleted and remains available for re-onboarding unless you request deletion.
- Outstanding fees remain due and payable.
7. Your Responsibilities
7.1 Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose.
- Upload Documents containing malware, viruses, or other harmful code.
- Attempt to gain unauthorized access to the Service or its infrastructure.
- Interfere with or disrupt the Service or its servers.
- Use the Service to send unsolicited communications (spam).
- Reverse-engineer, decompile, or disassemble any part of the Service.
- Resell, sublicense, or redistribute the Service without our written consent.
- Use automated tools (bots, scrapers) to access the Service except through our published APIs.
- Upload content that infringes the intellectual property rights of others.
7.2 Document Accuracy
You are responsible for the accuracy, completeness, and legality of all Documents you upload to the Service. We are not responsible for verifying the authenticity or validity of insurance policies, bonds, or other documents beyond what our AI extraction and compliance tools provide.
7.3 Compliance with Laws
You are responsible for complying with all applicable laws and regulations in your use of the Service, including but not limited to insurance regulations, construction licensing requirements, employment laws, tax reporting obligations, and data protection laws.
8. Data Ownership and Retention
8.1 Your Data
You retain all ownership rights to the Documents and data you upload to the Service. By uploading content, you grant us a limited, non-exclusive license to process, store, extract data from, and display your content solely for the purpose of providing the Service to you.
8.2 Extracted Data
Data extracted from your Documents by our AI systems is derived from your content. You retain ownership of this extracted data. We may use anonymized and aggregated data (with all identifying information removed) to improve the Service.
8.3 Data Retention
Your data is retained for as long as your Account is active and is not automatically deleted upon cancellation. This approach facilitates future re-onboarding and preserves compliance audit trails. To request deletion of your data, contact privacy@crossbeamcloud.com. Upon receiving a valid deletion request, we will delete your data within 30 days, except where retention is required by law or for legitimate compliance defense purposes.
8.4 Data Portability
Upon request, we will provide your data in a structured, machine-readable format within a reasonable timeframe.
9. Intellectual Property
9.1 Our IP
The Service, including its design, features, algorithms, AI models, software, documentation, and all related intellectual property, is owned by BrainFog Solutions LLC. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service in accordance with these Terms.
9.2 Feedback
If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation or compensation to you.
9.3 Trademarks
“Crossbeam Cloud,” the Crossbeam Cloud logo, and related marks are trademarks of BrainFog Solutions LLC. You may not use our trademarks without our prior written consent.
10. Third-Party Services
10.1 Integrations
The Service integrates with third-party services including Procore, Stripe, and others. Your use of these integrations is subject to the respective third party’s terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.
10.2 Third-Party Links
The Service may contain links to third-party websites. We do not endorse or assume responsibility for any third-party content, products, or services.
11. Electronic Signatures
The Service facilitates electronic signatures for waivers and subcontract-related documents through our e-signature provider. By using these features, you agree that electronic signatures are legally binding and equivalent to handwritten signatures under the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA), where applicable.
12. Service Availability
12.1 Uptime
We provide the Service on a commercially reasonable, best-effort basis. We do not guarantee any specific uptime percentage unless a separate Service Level Agreement (SLA) has been executed between you and the Company.
12.2 Maintenance
We may perform scheduled maintenance that temporarily affects Service availability. We will use reasonable efforts to provide advance notice of planned maintenance.
12.3 Modifications
We reserve the right to modify, update, or discontinue features of the Service at any time. For material changes that reduce functionality you rely on, we will provide at least 30 days’ notice.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
- AI-EXTRACTED DATA WILL BE ACCURATE, COMPLETE, OR CURRENT.
- THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS.
- COMPLIANCE DETERMINATIONS MADE USING THE SERVICE ARE LEGALLY SUFFICIENT.
- DOCUMENTS UPLOADED BY THIRD PARTIES (INCLUDING SUBCONTRACTORS) ARE AUTHENTIC OR VALID.
14. Limitation of Liability
14.1 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF REPLACEMENT SERVICES, OR LOSSES ARISING FROM:
- RELIANCE ON AI-EXTRACTED DATA OR COMPLIANCE DETERMINATIONS.
- ACTIONS TAKEN OR NOT TAKEN BASED ON COMPLIANCE STATUS SHOWN IN THE SERVICE.
- UNINSURED OR UNDERINSURED LOSSES RESULTING FROM COMPLIANCE GAPS.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA.
- THIRD-PARTY SERVICE FAILURES OR INTERRUPTIONS.
14.2 Cap on Liability
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
14.3 Basis of the Bargain
THE DISCLAIMERS AND LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL PART OF THE AGREEMENT BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.
14.4 State Law Exceptions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
15. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Service.
- Your violation of these Terms.
- Your violation of any applicable law or regulation.
- Documents or content you upload to the Service.
- Your compliance decisions based on information provided by the Service.
16. Governing Law and Disputes
16.1 Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws principles.
16.2 Dispute Resolution
If you have a dispute regarding the Service, you agree to first attempt to resolve it informally by contacting us. If the dispute is not resolved within 30 days, either party may pursue binding arbitration in Brazos County, Texas, administered under the rules of the American Arbitration Association. Either party may seek injunctive relief in the state or federal courts located in Brazos County, Texas.
16.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
17. Confidentiality
17.1 GC Obligations
GC Organizations acknowledge that Documents and data submitted by Subcontractors may contain commercially sensitive information, including insurance coverage details, carrier relationships, and financial data. GCs agree to use such information solely for compliance verification purposes and not to disclose it to unauthorized third parties.
17.2 Subcontractor Visibility
Subcontractors’ data is shared only with GCs to whom the Subcontractor has a direct project relationship. A GC cannot view a Subcontractor’s compliance status or Documents associated with other GCs.
18. United States Compliance
You represent and warrant that (a) you are not located in a country subject to a United States government embargo or designated as a “terrorist supporting” country, and (b) you are not listed on any United States government list of prohibited or restricted parties.
19. Severability
If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
20. Waiver
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
21. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, understandings, and communications.
22. Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.
23. Changes to These Terms
We may modify these Terms at any time. For material changes, we will provide at least 30 days’ notice by email or prominent notice within the Service. Your continued use of the Service after the effective date of the revised Terms constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service.
24. Contact Us
If you have questions about these Terms, contact us:
- Email: privacy@crossbeamcloud.com
- Mail: BrainFog Solutions LLC, 4113 Downton Abbey Ave, College Station, TX 77840
- Phone: 1-979-321-4202
