Terms of Service

Effective Date: 15th December 2025

These Terms of Service ("Terms") govern your access to and use of all software products, platforms, applications, websites, and services provided by Goldberry Investments Ltd ("Goldberry", "Company", "we", "us", or "our"), including but not limited to Builder’s Counsel, Cost Master, and any current or future products, features, tools, APIs, or services (collectively, the "Services").

By accessing or using any of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

  1. Eligibility and Account Registration
    • You must be at least 18 years old and capable of forming a legally binding contract to use the Services.
    • You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
    • You agree to provide accurate, complete, and up-to-date information when creating or managing your account.
  2. License and Permitted Use
    1. License Grant
      Subject to these Terms, Goldberry grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes.
    2. Restrictions
      You shall not, directly or indirectly:
      • Copy, modify, distribute, sell, lease, or sublicense any part of the Services;
      • Reverse engineer, decompile, disassemble, or attempt to derive source code or underlying models or algorithms;
      • Use the Services to build or support a competing product or service;
      • Interfere with or disrupt the integrity or performance of the Services;
      • Circumvent usage limits, access controls, or security mechanisms;
      • Remove, obscure, or alter any proprietary notices;
      • Use the Services for any unlawful purpose or in violation of applicable laws, regulations, or professional standards.
  3. Data, Privacy, and Security
    1. Data Collection and Privacy
      Goldberry collects and processes personal and non-personal data in accordance with its Privacy Policy, which forms an integral part of these Terms.
    2. Data Usage
      By using the Services, you grant Goldberry the right to collect, store, process, and use data (including project, cost, document, and usage data) for the purposes of:
      • Providing, maintaining, and improving the Services;
      • Enabling analytics, benchmarking, and insights;
      • Research, development, and product optimization.
      Where feasible, data used for analytics and research will be aggregated and anonymized.
    3. Data Security
      Goldberry implements reasonable technical and organizational measures to protect your data. However, no system is completely secure, and we do not guarantee absolute security.
  4. User Content
    1. Ownership
      You retain ownership of any content, documents, data, or materials you upload, submit, or transmit through the Services ("User Content").
    2. License to Goldberry
      By submitting User Content, you grant Goldberry a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, host, store, reproduce, modify, adapt, analyze, publish, and display such User Content solely for the purpose of operating, improving, securing, and promoting the Services.
      You represent and warrant that you have all necessary rights to submit the User Content and that it does not infringe any third-party rights.
  5. Intellectual Property
    • All intellectual property rights in the Services, including software, designs, workflows, databases, methodologies, AI models, text, graphics, logos, and trademarks, are owned by or licensed to Goldberry.
    • Except as expressly stated, these Terms do not grant you any rights to Goldberry’s intellectual property.
  6. AI-Generated Outputs and Informational Use
    • Certain Services (including Cost Master and Builder’s Counsel) may generate outputs using automated or AI-assisted systems.
    • Outputs are provided for informational and decision-support purposes only and may contain inaccuracies or omissions.
    • You remain solely responsible for verifying outputs and applying professional judgment.
  7. No Professional Advice
    The Services may provide construction cost data, legal-adjacent guidance, compliance insights, or analytical outputs. They do not constitute legal, financial, engineering, quantity surveying, or professional advice.
    You should consult a qualified professional before making decisions based on information obtained through the Services.
  8. Disclaimer of Warranties
    The Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including but not limited to warranties of accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement..
    Goldberry does not warrant that the Services will be uninterrupted, error-free, or free from harmful components.
  9. Limitation of Liability
    1. Indirect Damages
      To the maximum extent permitted by law, Goldberry shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or goodwill.
    2. Liability Cap
      Goldberry’s total cumulative liability arising out of or relating to the Services or these Terms shall not exceed the amount you paid to Goldberry for the applicable Service during the twelve (12) months preceding the claim.
  10. Indemnification
    You agree to indemnify, defend, and hold harmless Goldberry and its directors, officers, employees, and partners from any claims, damages, liabilities, losses, and expenses arising from:
    • Your use of the Services;
    • Your User Content;
    • Your violation of these Terms or applicable law.
  11. Suspension and Termination
    1. By Goldberry
      Goldberry may suspend or terminate your access to any or all Services, with or without notice, if:
      • You breach these Terms;
      • Your use poses a security, legal, or operational risk;
      • Required by law or regulation.
    2. By You
      You may discontinue use of the Services at any time. Termination does not relieve you of obligations incurred prior to termination.
  12. Modifications to the Services or Terms
    Goldberry reserves the right to modify, suspend, or discontinue any part of the Services at any time.
    We may update these Terms periodically. Updated Terms will be effective upon posting. Continued use of the Services constitutes acceptance of the revised Terms.
  13. Governing Law and Jurisdiction
    These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to conflict of law principles.
    Any disputes shall be subject to the exclusive jurisdiction of the courts of Kenya.
  14. General Provisions
    • Entire Agreement: These Terms constitute the entire agreement between you and Goldberry regarding the Services.
    • Severability: If any provision is found unenforceable, the remaining provisions shall remain in effect.
    • Waiver: Failure to enforce any provision shall not constitute a waiver.
    • Assignment: You may not assign these Terms without Goldberry’s prior written consent.
  15. Contact Information
    Goldberry Investments Ltd
    Email: info@goldberry.co.ke

    For questions regarding these Terms, please contact us using the email above or any of the contact details in the footer below.