Terms of Service

Please read these Terms of Service ("Terms") carefully before using the LienGuard Pro website and platform (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not access or use the Service.

1. Acceptance of Terms

By creating an account, clicking "I Agree," or otherwise accessing the Service, you ("Client," "you," or "your") agree to be bound by these Terms and our Privacy Policy.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

LienGuard Pro reserves the right to modify these Terms at any time. We will provide at least thirty (30) days notice of material changes. Your continued use after the effective date constitutes acceptance.

2. Description of Services

LienGuard Pro provides a cloud-based compliance document management platform for the commercial construction industry. The Service enables general contractors, subcontractors, and related parties to manage lien waiver collection, COI tracking, W-9 management, and compliance document workflows.

LienGuard Pro is not a law firm, does not provide legal advice, and does not practice law. The Service provides document management tools and pre-built statutory form templates for convenience. All legal documents should be reviewed by qualified legal counsel.

3. Account Types

3.1 General Contractor Accounts

Paid subscription accounts with access to project management, sub onboarding, document request automation, compliance dashboards, and reporting. Features vary by tier.

3.2 Subcontractor Accounts

Provided at no charge. Subs can create profiles, respond to document requests, manage compliance documents across multiple GC relationships, and access payment status. Core document response functionality remains free.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials. Notify LienGuard Pro immediately of any unauthorized access.

4. Fees and Payment

• Subscription Fees: GC access requires a paid subscription. All fees are in USD. Subcontractor accounts are free.
• Payment: Billed monthly in advance via credit card or ACH through Stripe.
• Late Payments: Overdue amounts accrue interest at 1.5% per month. Access may be suspended after 60 days overdue.
• Taxes: All fees are exclusive of applicable taxes. You are responsible for sales, use, or similar taxes.
• Refunds: Fees are non-refundable except as required by applicable law.

5. Lien Waiver Forms and Legal Disclaimer

The Service provides pre-built lien waiver templates based on statutory requirements in various states. These are provided for convenience and believed accurate as of their last update.

LienGuard Pro does not guarantee the legal validity or enforceability of any document generated through the Service. You are responsible for verifying compliance with applicable law. We strongly recommend consulting a qualified construction attorney.

You are solely responsible for ensuring accuracy of information you enter, including project names, contract amounts, payment amounts, and sub contact information.

6. Acceptable Use

The Service is intended for construction companies for compliance document management. You agree not to:

• Use the Service for any unlawful purpose
• Upload fraudulent, misleading, or objectionable content
• Attempt unauthorized access to the Service or connected systems
• Reverse engineer, decompile, or disassemble the Service
• Sublicense, sell, or transfer your access
• Submit falsified lien waiver amounts, forge signatures, or facilitate fraud

7. Electronic Signatures

By using the e-signature functionality, you consent to electronic signatures and acknowledge they are legally binding under the E-SIGN Act and UETA.

LienGuard Pro records signer identity, IP address, timestamp, and document hash for each signature to maintain an audit trail.

If you do not consent to electronic signatures, you must arrange for wet-ink signatures outside the Service.

8. Intellectual Property

The Service and all related content is the property of LienGuard Pro or its licensors. You receive a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes during your subscription.

You retain ownership of all data and content you upload. You grant LienGuard Pro a limited license to use your content solely to provide the Service.

9. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. LIENGUARD PRO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DOCUMENT GENERATED IS LEGALLY VALID.

LIENGUARD PRO'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU DURING THE 12 MONTHS PRECEDING THE CLAIM. LIENGUARD PRO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

LIENGUARD PRO IS A TECHNOLOGY PLATFORM AND SHALL HAVE NO LIABILITY FOR LIEN CLAIMS, PAYMENT DISPUTES, COMPLIANCE FAILURES, OR LEGAL CONSEQUENCES FROM USE OF THE SERVICE.

10. Indemnification

You agree to defend, indemnify, and hold harmless LienGuard Pro from any claims arising from your use of the Service, violation of these Terms, violation of applicable law, the accuracy of data you provide, or any third-party claim related to documents generated using your data.

11. Termination

By You

You may terminate your account at any time. Termination does not entitle you to a refund of prepaid fees.

By LienGuard Pro

We may suspend or terminate access if you materially breach these Terms (with 30 days to cure), fail to pay for 60+ days, pose a security risk, or if required by law.

Effect of Termination

• Your access ceases immediately
• Your data is available for export for 30 days
• After 30 days, data is securely deleted

12. General Provisions

• Governing Law: State of Michigan, without regard to conflict of laws principles.
• Entire Agreement: These Terms, the Privacy Policy, and any services agreement constitute the entire agreement.
• Severability: If any provision is invalid, the remaining provisions continue in full force.
• Assignment: You may not assign these Terms without our consent. We may assign without restriction.
• Force Majeure: We are not liable for delays due to causes beyond reasonable control.

13. Contact Information

Questions about these Terms? Contact us:

LienGuard Pro LLC
Email: paul@lienguardpro.net
Website: lienguardpro.net