Terms of Service
Last Updated: 9 March 2026
These Terms of Service constitute a legally binding agreement between you and Otus AI Pte. Ltd. ("Otus", "we", "us", or "our"), a company incorporated in Singapore, governing your access to and use of https://otus.build/ and any related websites owned or operated by Otus, and the use of our Service.
If you do not agree to these Terms or do not have authority to bind your employer or entity, please do not accept these Terms or access or use the Service.
1. Introduction and Acceptance
These Terms are between Otus AI Pte. Ltd. and you, either individually or on behalf of your employer or any other entity which you represent. If you represent your employer or another entity, you represent that: (i) you have full legal authority to bind your employer or such entity to these Terms; and (ii) after reading and understanding these Terms, you agree to these Terms on behalf of your employer or such entity.
YOU ARE DEEMED AN AUTHORISED REPRESENTATIVE OF YOUR EMPLOYER OR ENTITY: (I) IF YOU REGISTER USING YOUR EMPLOYER'S OR ENTITY'S EMAIL ADDRESS; OR (II) IF YOU ARE DESIGNATED AS AN ADMINISTRATOR OF THE ACCOUNT.
2. Definitions
"Service" means the Otus web application, mobile application, APIs, and any related tools and features provided by Otus.
"User Content" means all photos, floor plans, documents, remarks, annotations, and other materials that you upload to or create within the Service.
"Organisation" means a company, business, or other entity that subscribes to the Service and manages one or more Projects.
"Project" means a workspace within the Service associated with a construction site or job.
"Subscription" means a paid plan granting ongoing access to the Service.
"Admin" means a user designated with administrative access to an Organisation's Account.
"Customer Data" means all User Content and other data submitted by you or your team members through the Service.
3. Eligibility
You must be of the age of majority according to the law applicable to you to use the Sites and Service. By agreeing to these Terms, you represent and warrant to us: (i) that you are not a minor; (ii) that if you are under the age of majority you agree to use the Sites and Service under the guidance of a legal guardian; (iii) that you have not previously been suspended or removed from the Service; and (iv) that your use of the Service is in compliance with any and all applicable laws and regulations.
4. Account Registration
4.1 Creating an Account. To register for the Service, you are required to create an account. By creating an Account, you become either an individual customer or, on behalf of your employer or entity, an Otus customer. For Organisation accounts, one user may be designated as Admin.
4.2 Your Registration Information. When you create an Account, you: (i) agree to provide accurate, complete, and current registration information; (ii) acknowledge that it is your responsibility to keep your password confidential and secure; (iii) agree that you are fully responsible for all activities that occur under your Account; and (iv) undertake to promptly notify us at Support@otus.build if you become aware of any unauthorised access or use of your Account.
4.3 User Verification. We may require you to provide information to confirm your identity and ensure the security of your Account.
5. The Service
5.1 Licence to Use. Subject to these Terms and payment of any applicable fees, Otus grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes in connection with construction project documentation and management.
5.2 Features. The Service enables users to upload and organise site photos, tag photos to floor plan locations, add remarks and annotations, generate PDF progress reports, and manage team access by role. Feature availability may vary by subscription plan.
5.3 No Contingency on Future Releases. Your purchase of the Service is not contingent on the delivery of any future release of any functionality or feature.
5.4 Service Availability. We will use commercially reasonable efforts to make the Service available. However, we do not guarantee uninterrupted or error-free access.
5.5 Modifications to the Service. We may add, modify, or discontinue any feature or functionality within the Service at our own discretion.
5.5 Security. Otus will implement and maintain administrative, physical, and technical safeguards to protect Customer Data, including storing data in transit using TLS 1.2 or higher and at rest using AES-256 or equivalent, access controls limiting access to authorised Otus personnel, regular security assessments, and hosting on Amazon Web Services (AWS) infrastructure.
5.6 Service Levels (Paid Plans Only). Otus will use commercially reasonable efforts to maintain Monthly Uptime of at least 99.9% for the Service. Downtime means a period during which core functionality (photo upload, gallery access, and report generation) is materially unavailable. Downtime excludes scheduled maintenance with at least 24 hours' prior notice, unavailability caused by factors outside Otus's reasonable control, and unavailability resulting from your actions or third-party services.
6. Your Content
6.1 Ownership. You retain all ownership rights to the User Content you upload to the Service. Nothing in these Terms transfers any intellectual property rights in your User Content to Otus.
6.2 Licence Grant to Otus. By uploading User Content, you grant Otus a limited, non-exclusive, worldwide, royalty-free licence to store, reproduce, process, and display your User Content solely to the extent necessary to provide the Service to you. This licence terminates when you delete the relevant User Content or close your account.
6.3 Your Responsibilities. You are solely responsible for your User Content. You represent and warrant that you own or have the necessary rights to upload your User Content, that it does not violate any applicable law or third-party rights, and that it does not include personal data of individuals unless you have a lawful basis for processing under applicable law including Singapore's PDPA.
6.4 Content We Do Not Use. We will not use your User Content for any purpose other than providing and improving the Service, and we will not sell or license your User Content to third parties.
7. Organisation Accounts and Team Members
7.1 Organisation Administrators. If you subscribe on behalf of an Organisation, you may invite team members to use the Service. You are responsible for managing team member access and permissions, ensuring team members comply with these Terms, and all activity conducted by team members within your Organisation Account.
7.2 Data Within Your Organisation. User Content uploaded by team members within your Organisation Account belongs to the Organisation. As the Organisation Admin, you control access to that content and may remove team members at any time.
8. Acceptable Use
You agree not to: (i) give, sell, rent, lease, sublicense, disclose, publish, assign, market, resell, transfer, or distribute any portion of the Service to any third party; (ii) circumvent, disable, or otherwise interfere with security-related features of the Service; (iii) reverse engineer, decompile, disassemble, decrypt, or attempt to derive the source code of the Service; (iv) copy, modify, translate, patch, alter, or create any derivative works of the Service; (v) take any action that imposes an unreasonable or disproportionately large load on Otus's infrastructure; (vi) interfere or attempt to interfere with the integrity or proper working of the Service; (vii) remove, deface, or alter Otus's or any third party's identification, attribution, or copyright notices; (viii) use the Service for competitive purposes; (ix) use the Service in violation of applicable law; (x) store or transmit any content that infringes upon any third party's intellectual property rights; (xi) post, transmit, or store any content that is unlawful, racist, hateful, abusive, libellous, obscene, or discriminatory; (xii) post, transmit, or store any viruses, malware, or other harmful software; (xiii) use automated tools to access or extract data from the Service without our prior written consent; or (xiv) encourage or assist any third party to do any of the foregoing.
We reserve the right to investigate suspected violations and to suspend or terminate your account if we determine you have breached this Section.
9. Third-Party Services
The Service may integrate with or link to third-party services provided by third parties other than Otus. We do not endorse or make any representation, warranty, or promise regarding any Third-Party Service. We have no obligation to provide support for Third-Party Services and do not guarantee their continued interoperability with the Service.
We are not responsible for any delays, delivery failures, or other loss or damage resulting from the transfer of data over communications networks by a Third-Party Service Provider. We shall not be liable for any modification, loss, damage, or deletion of content by any Third-Party Service.
10. Fees and Payment
10.1 Subscription Plans. Otus offers free and paid subscription plans. Details of current plans and pricing are available at otus.build/pricing. We reserve the right to change pricing with reasonable notice.
10.2 Billing. For paid plans, fees are billed in advance on a monthly or annual basis. By providing payment details, you authorise us to charge the applicable fees via your selected payment method upon the due date.
10.3 Non-Payment and Suspension. In case of non-payment for more than 15 days after the due date, Otus may suspend your access to the Service until the outstanding fees are paid in full.
10.4 Taxes. Fees are exclusive of any applicable taxes, levies, or duties (including GST, VAT, sales tax, or withholding tax). You are responsible for paying all such taxes.
10.5 No Refunds. Unless required by applicable law or otherwise stated at the time of purchase, all fees paid are non-refundable. If you cancel a paid plan, you retain access until the end of the current billing period.
10.6 Free Plans and Trials. Where a free plan or trial is available, it is subject to usage limits as described on our website. We reserve the right to modify or discontinue free plans at any time with reasonable notice.
11. Intellectual Property
11.1 Otus IP. The Service, including its software, design, trademarks, and documentation, is owned by Otus or its licensors and is protected by applicable intellectual property laws. These Terms do not transfer any Otus intellectual property to you. You may not use our trademarks, logos, or brand assets without our prior written consent.
11.2 IP Indemnification by Otus. We will defend and hold harmless Customer from any damages or losses arising from a third-party claim alleging that Customer's authorised use of the Service infringes such third party's intellectual property rights. We have no liability if such a claim arises from any unauthorised use or misuse of the Service by you.
11.3 Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant Otus a perpetual, irrevocable, royalty-free licence to use that Feedback without restriction or compensation to you.
12. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
We process personal data in accordance with the Singapore Personal Data Protection Act 2012 (PDPA). Otus acts as a data processor for personal data collected and processed through the Service, while you, as the Customer, act as the data controller. As the data controller, you determine the purposes and means of processing personal data and are responsible for ensuring that such processing complies with the PDPA and other applicable data protection laws.
As data controller, you are responsible for: (i) ensuring all personal data processed through the Service is collected on a lawful basis; (ii) informing individuals of their rights under applicable data protection law; and (iii) notifying us of any specific risks affecting data processing activities.
13. Confidentiality
Each party may disclose to the other non-public business, product, technology, and marketing information, including customer lists, know-how, software, and any other information that is either identified as confidential or should reasonably be understood to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information").
Confidential Information does not include information that: (a) is or becomes publicly available without breach of any obligation; (b) was known to the receiving party prior to disclosure; (c) is received from a third party without breach of any obligation; or (d) was independently developed by the receiving party.
The receiving party will take at least reasonable measures to prevent unauthorised disclosure or use of Confidential Information, and will not use or disclose Confidential Information to any third party except as necessary to perform under these Terms or as required by law.
Customer Data is considered Confidential Information and will be treated as such. The obligations under this Section shall survive for a period of three (3) years following the termination or expiration of these Terms.
14. Data Retention and Deletion
14.1 Active Accounts. We retain your User Content while your account is active and as necessary to provide the Service.
14.2 Export Period. Upon expiration or termination of your Subscription, Otus will make your Customer Data available for export for a period of thirty (30) days from the effective date of termination (the "Export Period"). During the Export Period, you may download your Customer Data through the Service's export functionality or by written request to Support@otus.build.
14.3 Deletion After Export Period. Following the expiration of the Export Period, Otus will delete your Customer Data within thirty (30) days, except where retention is required by applicable law. Backup copies may persist for up to an additional thirty (30) days following deletion.
14.4 Deletion Requests. You may request deletion of specific User Content at any time through the Service. Backup copies may persist for up to 30 days following deletion.
14.5 Assisted Export. For Enterprise Subscription customers, Otus will provide reasonable assistance with data export upon written request, subject to Otus's then-current professional services rates.
15. Disclaimer of Warranties
We warrant that the Service will perform, in all material respects, as described. Any breach of this warranty should be brought to our notice, upon which we will make all diligent efforts to correct the Service. This warranty will not apply if the non-performance is due to your misuse of the Service.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITES AND THE SERVICE ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OTUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
16. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
16.1 In no event will Otus be liable for: (i) any indirect, exemplary, special, consequential, incidental, or punitive damages; (ii) any loss of profits, costs, or anticipated savings; (iii) any loss of or damage to data, use, business, reputation, revenue, or goodwill; or (iv) the failure of security measures, except where such failure results from Otus's gross negligence or wilful misconduct.
16.2 Otus's total cumulative liability to you for all claims arising out of or in connection with these Terms or the Service will not exceed the total Subscription Fees paid by you to Otus in the twelve (12) months immediately preceding the date on which the cause of action arose.
16.3 Nothing in these Terms limits liability for: (a) death or personal injury caused by Otus's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited by applicable law.
17. Indemnification
You agree to defend and hold harmless Otus and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to: (a) your processing of Customer Data, including personal data; (b) your use of the Service; (c) your User Content; (d) your violation of these Terms; or (e) your violation of any applicable law or the rights of any third party.
18. Term and Termination
18.1 Term. These Terms remain in effect from the date you accept them until terminated.
18.2 Termination for Cause. Either party may terminate the Service and these Terms upon written notice if: (a) the other party is in material breach of these Terms and fails to cure such breach within thirty (30) days following written notice; or (b) the other party ceases its business operations or becomes subject to insolvency proceedings that are not dismissed within 45 days.
18.3 Termination by You. You may terminate your account at any time by following the account closure instructions in the Service. Termination does not relieve you of any obligation to pay applicable Subscription Fees.
18.4 Termination or Suspension by Otus. We may suspend or terminate your access to the Service immediately if: (i) we believe you or any third party are using the Service in a manner that may impose a security risk or raise liability; (ii) we believe you are using the Service in breach of these Terms or applicable law; (iii) your payment obligations are or are likely to become overdue; or (iv) we are required to do so by law.
18.5 Effect of Termination. Upon termination, your licence to use the Service ends. Sections that by their nature should survive termination (including Sections 5.6, 6.1, 11, 13, 15, 16, 17, and 19) will survive.
19. Governing Law and Dispute Resolution
19.1 Governing Law. These Terms are governed by the laws of the Republic of Singapore, without giving effect to any conflict of laws principles. The courts of competent jurisdiction located in Singapore shall have sole and exclusive jurisdiction over all disputes arising out of or relating to these Terms.
19.2 UN CISG. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
19.3 Injunctive Relief. Notwithstanding Section 19.1, Otus reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction.
19.4 Good Faith Negotiation. In the event of any dispute, the parties shall first attempt to resolve it in good faith through negotiation within 30 days of written notice before submitting to the jurisdiction of the courts.
20. General Provisions
20.1 Entire Agreement. These Terms (together with the Privacy Policy and any order forms or subscription agreements) constitute the entire agreement between you and Otus with respect to the Service and supersede all prior agreements or representations, written or oral.
20.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.
20.3 No Waiver. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. No waiver will be effective unless made in writing and signed by an authorised representative of the waiving party.
20.4 Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except to a successor entity resulting from a merger, acquisition, or sale of all or substantially all of your assets. We may assign our rights and obligations under these Terms to a third party without your consent.
20.5 Force Majeure. Neither party will be liable for delays or failures in performance resulting from causes beyond its reasonable control, including denial-of-service attacks, internet or utility failures, natural disasters, war, terrorism, strikes, riots, or governmental action.
20.6 Notice. We will use your contact details on record to provide notices. Notices to you may be provided via the Service, in-app notification, email, or other means at our discretion. Notices to Otus should be sent to: Support@otus.build.
20.7 Relationship of the Parties. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship.
20.8 Anti-Bribery. Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with these Terms.
21. Modifications to Terms
We may update these Terms from time to time for valid reasons, such as adding new features, technical adjustments, or legal and regulatory requirements. When we make material changes, we will provide you with notice — by displaying a prominent notice within the Service or by sending you an email — at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
22. Contact
For questions about these Terms, please contact: Otus AI Pte. Ltd.
Email: Support@otus.build