1. Parties, acceptance, and eligibility
These Terms of Service (“Terms”) are an agreement between you (the person signing up, and the construction company you represent) and One Touch CAD / the operator of onetouchcad.com (“OTC,” “we,” “us”).
By creating an account, clicking “I agree,” checking the terms box, or using the Service, you agree to these Terms. We record acceptance with a timestamp (terms_accepted_at).
You must:
- Be at least 18 years old.
- Have authority to bind your company if you register on its behalf.
- Provide accurate company and contact information.
If you do not agree, do not use the Service.
2. Account and company admin responsibilities
Your company account may include an admin and invited users (field crew, office staff, etc.).
Company admins are responsible for:
- Who gets access and what they can do.
- Keeping login credentials secure.
- Making sure users follow these Terms and jobsite rules.
- Content uploaded under the company account (tasks, photos, serials, notes, plans metadata).
- Paying subscription fees on time.
Notify us promptly if you believe an account was compromised. OTC is not responsible for losses caused by unauthorized use of your account if we did not cause it.
3. Subscription, fees, and trials
OTC is offered as a monthly subscription SaaS for contractor companies (one primary revenue stream for using the app).
- Pricing, seat limits, and plan features may change. Current pricing is shown at signup or in your account.
- When a free trial is offered at signup, the current sandbox trial length is 30 days from account creation (disclosed on the registration page). Free trials convert to paid unless canceled before the trial ends, as disclosed at signup.
- Fees are billed in advance for the subscription period unless we say otherwise.
- Taxes may apply. You are responsible for taxes we do not collect.
- Failure to pay may result in suspension or termination of access.
We do not promise a specific royalty amount, payout date, or tax treatment in these Terms. Any owner-facing data offering and contractor royalty is separate from (and in addition to) the monthly subscription. See Section 6.
4. License to use the software
Subject to these Terms and paid (or trial) access, OTC grants your company a limited, non-exclusive, non-transferable, revocable license to use the One Touch CAD web/app Service for your internal construction field and project operations.
You may not:
- Copy, reverse engineer, or resell the Service (except as allowed by law).
- Share login access outside your company without our permission.
- Use the Service to build a competing product by scraping or systematic extraction.
- Remove branding, notices, or security controls.
All rights in the OTC software, branding, and platform remain with OTC and its licensors.
5. Customer content and data ownership
Your company owns its project content that you and your users create or upload — for example: task descriptions, progress notes, photos you take, material counts, fixture/serial data, and similar field records (“Customer Content”).
You grant OTC a worldwide license to host, store, process, display, transmit, back up, and otherwise use Customer Content as needed to provide and operate the Service, improve reliability/security, and as otherwise described in these Terms (including Section 6 if you opt in to data royalty / owner offerings).
You represent that you have the right to upload Customer Content and that it does not violate law or third-party rights.
OTC does not claim ownership of your Customer Content solely because it is stored on our systems.
6. Construction data, property-owner offerings, and royalty share
6.1 What we collect while you build
As your crews use One Touch CAD on jobs, the Service may store construction and property-related information, including (as applicable):
- Project, building, floor, and unit identifiers
- Task / punch / progress records and status history
- Photos and related jobsite documentation
- Fixture, appliance, and equipment details
- Serial numbers and install dates
- Other field notes and structured project data you enter
Together, this is a building / unit history dataset tied to the work your company performed.
6.2 How that data may be used later (owner-facing offerings)
Over time, OTC may offer property owners, property managers, homeowners, or similar parties (“Owners”) access to a reference history for a building or unit — for example to understand what was installed, when work was done, and related construction records.
Owner value may include:
- A clearer maintenance / construction history for the property
- Serial numbers and install dates useful for manufacturer warranty registration (for example, water heater warranties that depend on serial + install date)
Commercial details of any Owner-facing product (pricing to Owners, packaging, timing) may be refined as the offering develops. We will disclose material commercialization details in the then-current product materials, account notices, and/or royalty schedule — not as buried fine print only.
6.3 Royalty / revenue share back to the construction company
If your company opts in to the data royalty program (see 6.4), and OTC later commercializes Owner-facing offerings that use construction data your company generated while building the project, then a portion of fees OTC receives from that Owner-facing offering may be paid back to your company as a royalty / revenue share.
- Exact percentages, calculation methods, eligibility rules, and payout schedules are not fixed in these Terms.
- They will be set out in the then-current royalty schedule (or similar disclosure) that OTC publishes or provides to participating companies.
- OTC may update that schedule prospectively with notice; continued participation after notice may constitute acceptance of updates, as described in the schedule.
- We do not invent or promise a specific dollar amount, percentage, payout date, or tax treatment here. Ask your accountant about tax treatment of any royalties you receive.
Royalty participation is separate from your monthly SaaS subscription. Paying for the app does not by itself entitle you to royalties unless you opt in (and other eligibility conditions in the royalty schedule are met).
6.4 What accepting Terms means vs. what royalty opt-in means
| Control | Required? | What it means |
|---|---|---|
Terms acceptance (terms_accepted_at) |
Yes — required to register / use the Service | You agree to these Terms, including the SaaS subscription rules, licenses, acceptable use, disclaimers, and OTC’s right to host/operate your Customer Content for the Service. |
Data royalty opt-in (data_royalty_opt_in) |
Optional (separate checkbox; default unchecked unless we clearly disclose otherwise at signup) | You authorize OTC to include eligible construction data your company generates in Owner-facing offerings and to share a portion of related Owner fees back to your company per the then-current royalty schedule. |
- You can use One Touch CAD for day-to-day field work without opting into royalties.
- If you opt in, you can later opt out as described in account settings or the royalty schedule (opt-out timing may affect future commercialization of newly collected data; already-committed Owner deals may be handled as disclosed in the schedule).
- Company admins act for the company on opt-in / opt-out decisions.
6.5 Honesty about the model
OTC’s long-term business model includes both:
- Monthly subscription fees for using the app; and
- Potential Owner-facing offerings based on construction history data, with royalty share back to participating contractor companies.
We will not hide that model. Participation details may evolve; when they do, we will update disclosures so you can decide whether to stay opted in.
7. Serial numbers and warranty-related data
You may enter serial numbers, model numbers, install dates, and related equipment data so OTC (and, if you opt in, Owners) can support warranty registration and property history use cases.
Please:
- Enter accurate information.
- Only enter data you are allowed to collect and share under your contracts and applicable law.
- Understand that serial/install data may be especially useful to Owners and manufacturers for warranty purposes.
OTC does not guarantee that any manufacturer will accept a warranty claim based on data stored in the Service.
8. Photos, jobsite privacy, and third-party personal data
Jobsite photos and notes can accidentally include people, license plates, homeowner belongings, or other personal information.
You agree to:
- Follow your company’s privacy and jobsite policies.
- Avoid uploading unnecessary personal information about third parties.
- Get any consents your contracts or law require before uploading photos or personal data.
- Not use the Service to harass, surveil, or illegally record individuals.
OTC processes Customer Content as a service provider for your company in the ordinary course of hosting the app, and as otherwise allowed under these Terms (including Section 6 if opted in). You are responsible for having a lawful basis to collect and upload that content.
9. Acceptable use
You will not use the Service to:
- Break the law or encourage others to break the law.
- Upload malware, attempt unauthorized access, or disrupt the Service.
- Infringe copyrights, trademarks, or other rights (including plan sets you are not authorized to use).
- Harass, threaten, or discriminate against others.
- Scrape or bulk-export data in a way that harms OTC or other customers.
- Misrepresent who you are or which company you represent.
We may suspend accounts that violate this section.
10. Confidentiality of plans
Floor plans, unit drawings, site plans, and related construction documents may be confidential to owners, GCs, architects, or your company.
You agree to:
- Use plan images and drawings only for authorized project work.
- Not republish or sell plan sets obtained through the Service.
- Limit access to users who need them for the job.
OTC will treat plan assets hosted for your projects with reasonable care consistent with operating a multi-tenant construction SaaS, but you remain responsible for who you invite into your company account and projects.
11. Disclaimers and limitation of liability
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” To the fullest extent allowed by law, OTC disclaims warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data will never be lost (though we aim to operate responsibly).
OTC is a software tool for field tracking and related workflows. We are not your general contractor, engineer, or insurer. You remain responsible for construction quality, code compliance, safety, and contractual obligations to owners and GCs.
Limitation of liability. To the fullest extent allowed by law, OTC’s total liability arising out of or related to the Service or these Terms will not exceed the amounts your company paid to OTC for the Service in the twelve (12) months before the claim. OTC will not be liable for indirect, incidental, special, consequential, or lost-profit damages.
Some jurisdictions do not allow certain limitations; in those places, our liability is limited to the maximum extent permitted.
12. Termination
You may stop using the Service and cancel your subscription as described in your account or billing materials.
We may suspend or terminate access if you breach these Terms, fail to pay, create risk to the Service or others, or if we discontinue the product (with reasonable notice when practical).
Upon termination:
- Your license to use the Service ends.
- We may delete or deactivate accounts after a reasonable period, subject to legal retention needs and any separate data-export options we offer.
- Sections that should survive (including ownership, licenses already granted for completed Owner offerings if applicable, disclaimers, liability limits, and governing law) will survive.
Royalty program wind-down on termination/opt-out will follow the then-current royalty schedule.
13. Changes to these Terms
We may update these Terms from time to time. If changes are material, we will provide notice (for example by email, in-app notice, or a notice on onetouchcad.com).
Continued use after the effective date of updated Terms means you accept the changes, except where applicable law requires a different process. If you do not agree, stop using the Service and cancel.
The royalty schedule may also change as described in Section 6.
14. Contact
One Touch CAD
Website: https://onetouchcad.com/
For Terms, privacy, billing, or royalty questions: use the contact method listed on onetouchcad.com (or email provided at signup / in your account).
(Jeffrey: insert preferred legal / support email before production.)
15. Governing law (placeholder)
These Terms are governed by the laws of the State of Idaho, USA, without regard to conflict-of-law rules, unless counsel advises a different choice.
Venue / dispute resolution: TBD — confirm with counsel (e.g., state/federal courts in Idaho, or arbitration). Marked TBD until Jeffrey and counsel finalize.