Terms of Use

This section will define key terms used throughout these Terms, including “BuildExchange”, “Marketplace”, “Opportunity Owner”, “Bidder”, “Organization”, “Proposal”, “Data Room”, “Expression of Interest”, and other defined terms. The precise definitions are subject to legal review.

Participation in BuildExchange is limited to registered organizations and authorized individual users. Certain activities may require organizational verification. Eligibility criteria will be defined in the Functional Specification and finalized with legal review.

Users must create an account, provide accurate information, maintain the security of their credentials, and accept the applicable platform terms. Account responsibilities will be further detailed subject to legal review.

Marketplace participation is organization-based. An Organization may contain multiple users. Organizations must provide accurate details and designate authorized representatives. Organization-level rights and responsibilities are subject to legal review.

Users representing an Organization must have documented authority to act on its behalf. Parties submitting or sponsoring opportunities on behalf of third parties (including receivers, trustees, and lawyers) must demonstrate and document their authority.

Opportunity Owners must provide accurate project information, maintain the confidentiality of bids received, use the platform in good faith, and comply with applicable tender rules. Specific obligations are subject to legal review.

Bidders must submit accurate proposals, maintain confidentiality of information accessed through the platform, comply with tender rules, and act in good faith. Specific obligations are subject to legal review.

Banks, financial institutions, and other institutional participants must document their authority over any project they submit or sponsor and comply with applicable legal and regulatory requirements.

Lawyers, receivers, trustees, and other professional representatives must demonstrate documented authority for the relevant project. Professional standing alone does not grant access to marketplace content.

All marketplace activity is available only to registered, terms-accepted participants. Participation is governed by these Terms and the applicable commercial and fee terms. The marketplace is private by default.

An Expression of Interest is a non-binding statement of a Bidder’s interest in an opportunity. An EOI is not a binding bid. The scope and effect of an EOI will be further defined subject to legal review.

Participants must maintain the confidentiality of all information accessed through the platform. A Bidder may only see information it has been explicitly authorized to see. A Bidder must never access another Bidder’s proposal, price, documents, or confidential information.

Access to Project Data Rooms is controlled at the project and organization level. Data Room access is granted only after the applicable prerequisites (which may include NDA acceptance) are satisfied.

Each opportunity may be governed by project-specific tender rules. Participants must comply with all applicable tender rules, including deadlines, submission requirements, and clarifications.

Bids must be submitted in the structured format required by the platform. Supporting documents may be uploaded. Bidders are responsible for the accuracy and completeness of their bids.

BuildExchange’s fee structure is flexible and may include setup fees, success fees, project rescue fees, managed tender services fees, due diligence fees, and other service fees. Specific fee terms are subject to separate commercial agreements and legal review.

Success fees may be payable by the Opportunity Owner and/or the Winning Bidder when a qualifying transaction results from the marketplace. The triggering event, fee amounts, and calculation methods will be defined in applicable commercial agreements.

BuildExchange records which organizations were introduced through the marketplace, for which project, when, and under which commercial terms. This record supports the anti-circumvention framework.

Participants may not circumvent agreed marketplace fees by contracting outside the platform with parties introduced through BuildExchange. Protection periods and enforcement mechanisms will be determined with professional legal advice.

BuildExchange may require verification of organizations, users, authority, and project information. Verification does not constitute an endorsement or guarantee of any participant or project.

Opportunity Owners are responsible for the accuracy and completeness of project information provided. BuildExchange does not independently verify all project information and does not guarantee its accuracy.

Bidders are responsible for the accuracy and completeness of bid information. BuildExchange does not independently verify all bid information and does not guarantee its accuracy.

AI-assisted tools (including translation, summaries, and comparison features) are decision-support aids only. They do not constitute professional advice, do not automatically award tenders, and do not replace professional due diligence.

Each party retains its intellectual property. BuildExchange retains its rights in the platform. Specific intellectual property terms are subject to legal review.

BuildExchange may suspend or terminate access for violations of these Terms or applicable rules. Suspension and termination procedures are subject to legal review.

BuildExchange provides marketplace infrastructure and does not act as a party to construction contracts. Liability limitations and exclusions will be defined subject to legal review.

Participants may be required to indemnify BuildExchange under certain circumstances. Specific indemnification terms are subject to legal review.

BuildExchange handles personal data in accordance with its Privacy Policy. Data handling practices will be further defined in the Privacy Policy, subject to legal review.

The governing law for these Terms and any disputes will be determined following professional legal review. No governing-law clause is finalized at this stage.

Dispute resolution mechanisms will be determined following professional legal review. No dispute-resolution clause is finalized at this stage.

BuildExchange may amend these Terms. Amendments will be versioned and participants may be required to accept the applicable version. Amendment procedures are subject to legal review.

Official contact details for BuildExchange will be published following confirmation.