Terms of Service.

Last Updated: 2026-05-06. Effective Date: 2026-05-06.

These Terms of Service (the "Terms") form a binding agreement between you and Aliso LLC, a California limited liability company doing business as Deviation Check ("Aliso LLC," "Deviation Check," "we," "us"), governing your access to and use of the website at deviationcheck.com (the "Site") and the AI-assisted submittal review service offered by Deviation Check (the "Service"). By using the Site or Service, you accept these Terms.

1. Acceptance and eligibility

You must be at least 18 years old and have the authority to bind your employer or contracting entity. Acceptance occurs when you submit any form on the Site, create an account on the Service, or submit a paid order, whichever is earliest.

The Site and Service are intended for commercial use by construction professionals (General Contractor (GC) Project Managers (PMs), Architects, Engineers, Subcontractors, and similar). The Service is not intended for personal, family, or household use, and is not directed at consumers. By accepting these Terms, you represent that you are accessing the Service for commercial purposes within an organization that operates in the construction industry.

2. The Service

The Service compares a Construction Specifications Institute (CSI) Division 09 spec section against a subcontractor's submittal package and produces a deviation report classifying findings under a six-category taxonomy (Manufacturer or Product Substitution, Performance Specification Gap, Missing Certification or Compliance Documentation, Aesthetic Deviation, Detail or Installation Mismatch, Submittal Package Incompleteness) with severity classifications (Blocker, Fix-and-Resubmit, Note-Only) and a top-line verdict (APPROVED, REVISE_AND_RESUBMIT, REJECTED).

The Service is AI-assisted. Each report includes a Project Manager (PM) sign-off line. The PM remains responsible for final approval and sign-off on every submittal. The Service does not replace PM, Architect, or Engineer judgment; it is intended to identify potential deviations for human review. The Service may fail to identify deviations.

3. Pricing and payment

Current pricing tiers are listed in the Pricing section of deviationcheck.com. Pricing may change with 30 days' notice for active subscriptions. Per-submittal purchases are charged at the listed rate at time of purchase. Subscription tiers (Project, Firm Suite) are billed monthly in advance and renew automatically until cancelled. All fees are quoted and charged in United States Dollars (USD). All fees are exclusive of taxes.

Payments are processed through Stripe. By providing payment information, you authorize Aliso LLC to charge the listed amount through Stripe.

4. Refunds

Per-submittal purchases are non-refundable once the report has been generated. If a report fails to generate due to a technical error on our end, we will issue a credit or refund at our discretion. Subscriptions can be cancelled at any time; cancellation takes effect at the end of the then-current billing period and prevents further renewal but does not refund the current period.

5. Customer Content and license

You retain all right, title, and interest in the spec sections, submittal packages, and other content you upload (collectively, "Customer Content"). You grant Aliso LLC a limited, non-exclusive, non-transferable license to process the Customer Content solely for the purpose of providing the Service to you (generating the deviation report, rendering output formats, providing access to the report within the retention window).

You represent and warrant that you have the right to provide the Customer Content to Deviation Check and that the Customer Content does not infringe the intellectual property or privacy rights of any third party.

6. Data retention

Source files (spec sections and submittal packages you upload) are removed from active systems within 7 days of report generation, regardless of subscription tier. Backup copies are removed per the backup lifecycle schedule (typically within 30 days).

Reports are retained on a fixed schedule:

• Per-submittal accounts: 30 days from report generation. After 30 days, reports are removed from active systems; backup copies are removed per the backup lifecycle schedule.
• Project and Firm Suite subscription accounts: for the duration of the active subscription plus 30 days post-cancellation. After the post-cancellation grace period, reports are removed from active systems; backup copies are removed per the backup lifecycle schedule.

You may export your reports at any time within the retention window. There is no opt-in to extend the retention windows above; we cannot recover data that has cycled out of both active systems and backups. See the Privacy Policy for full details.

6.1 Subprocessors

To deliver the Service, Aliso LLC engages third-party subprocessors (including, without limitation, large-language-model (LLM) providers, infrastructure providers, payment processors, customer relationship management (CRM) providers, and email-delivery providers). The current subprocessor list is described in the Privacy Policy. Aliso LLC may add, remove, or substitute subprocessors from time to time. Where a change in subprocessors materially affects the processing of personal information or Customer Content, Aliso LLC will update the Privacy Policy. Continued use of the Service after the update constitutes acceptance of the change.

7. Acceptable use

You agree not to: (a) reverse-engineer, decompile, or attempt to extract the Service's source code or models; (b) use the Service to violate applicable law; (c) submit Customer Content you do not have the right to submit; (d) submit Customer Content containing malware or designed to disrupt the Service; (e) use automated means (other than published API endpoints we make available to you) to access the Service; (f) circumvent rate limits, retention windows, or paywalls (including by registering multiple email aliases, varying capitalization or dots, or using disposable email domains); (g) resell or sublicense the Service; (h) share account credentials between firms or across organizations not under common ownership.

7.1 Fair use and review limits

The Firm Suite tier includes up to 1,000 reviews per firm per calendar month across the included project allowance. No per-review charge applies within that cap. Usage is subject to the following limits:

• Monthly cap: 1,000 reviews per firm per calendar month. Sustained usage above 1,000 reviews per month may trigger a conversation about moving the customer to a custom enterprise tier. Aliso LLC will provide reasonable notice before suspending, throttling, or terminating Service for usage reasons, where commercially feasible.
• Per-account rate limit: approximately 100 reviews per 24-hour rolling window per account, and approximately 30 reviews per rolling 60-minute window. Aliso LLC may apply temporary rate-limiting responses to enforce these limits. Legitimate human use almost never hits these limits.
• Duplicate submission deduplication: if a customer submits substantially identical spec-and-submittal pairs within any 30-day window, the duplicate run is provided at no additional cost and does not count toward the monthly cap. The customer may re-run a submittal for any reason without consuming volume.
• Project allowlist: on Firm Suite, the customer declares the three (3) active projects for which the monthly allowance applies (project name, owner, address, or other identifying information). Submittals are tagged to one of those three projects at upload time. Adding a fourth project requires a tier upgrade. Edge cases (campus projects, phased builds, project renames, multi-phase delivery) are handled at Aliso LLC's reasonable discretion.
• One account, one firm: credentials may not be shared across separate firms or across organizations not under common ownership.
• Per-submittal limits: each submittal package, and each spec section, is limited to approximately 32 megabytes per file and approximately 100 pages per PDF file. Limits may change as the Service evolves; current limits are documented in the Site help materials.

Aliso LLC may suspend access to a Firm Suite account that materially and repeatedly breaches the fair-use rules above, after providing notice and a reasonable opportunity to cure where commercially feasible.

8. AI-assisted, not AI-decided

The Service uses Large Language Model (LLM) processing to compare your Customer Content against the spec section. The output is a deviation report intended for human review. The Service does not constitute professional engineering, architectural, code-compliance, or legal advice.

Use of the Service does not create:

• an architect-client relationship,
• an engineer-client relationship,
• a contractor-client relationship,
• any professional certification or stamping of work, or
• any assumption by Aliso LLC of responsibility for project compliance, code conformance, or construction quality.

The Project Manager (PM), Architect of Record, Engineer of Record, and other licensed professionals retain final responsibility for all submittal decisions and project compliance. Liability for missed deviations remains with the parties responsible under the underlying construction contract. The deviation report is intended to assist human review, not to replace it. Always physically inspect samples, drawings, and field conditions per your normal workflow.

9. Warranties and disclaimers

THE SITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. ALISO LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL CATCH EVERY DEVIATION IN A GIVEN SUBMITTAL.

9.1 Availability and processing times

Aliso LLC provides no Service Level Agreement (SLA) for uptime, availability, or processing latency unless one is separately agreed in writing. Quoted processing times (for example, "report in under 5 minutes") are estimates and not commitments. Aliso LLC may perform scheduled maintenance with reasonable advance notice and may perform emergency maintenance without notice when necessary to protect the Service or Customer Content.

9.2 Security disclaimer

Aliso LLC uses industry-standard administrative, technical, and organizational safeguards to protect Customer Content (described in the Privacy Policy). However, no method of transmission over the public Internet and no method of electronic storage is 100 percent secure. Aliso LLC cannot guarantee absolute security against unauthorized access, interception, or disclosure.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALISO LLC AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALISO LLC'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (a) THE FEES PAID BY YOU TO ALISO LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (b) ONE HUNDRED UNITED STATES DOLLARS ($100).

11. Indemnification

You agree to indemnify, defend, and hold harmless Aliso LLC and its members, officers, employees, and agents from any third-party claim, loss, or liability arising from (a) your Customer Content, (b) your violation of these Terms, (c) your violation of applicable law, or (d) your construction project's compliance, code, or defect outcomes (the Service is AI-assisted review, not professional engineering or code-compliance certification).

12. Intellectual property

The Site, the Service software, the deviation taxonomy, the prompt engineering, the rendered report templates, the brand "Deviation Check," and all related documentation are owned by Aliso LLC. You receive a limited, revocable, non-exclusive license to access and use the Service for your internal business purposes. No other rights are granted by implication.

13. Confidentiality

Each party agrees to keep confidential the other party's non-public information disclosed under these Terms ("Confidential Information"), using at least the same care it uses to protect its own confidential information of like importance, and in any case no less than reasonable care. Customer Content is your Confidential Information. The non-public components of the Service software, internal model and prompt configurations, and any non-public commercial terms are Aliso LLC's Confidential Information. Pricing posted publicly on the Site is not Confidential Information.

The duty of confidentiality survives termination of these Terms for a period of three (3) years for Confidential Information generally, AND for so long as the information continues to qualify as a trade secret under applicable law for material that meets that classification.

14. Termination

You may stop using the Site and Service at any time. Subscriptions can be cancelled through your account or by emailing hello@deviationcheck.com; cancellation takes effect at the end of the then-current billing period.

Aliso LLC may suspend or terminate your access to the Service for material breach of these Terms (including non-payment, abuse, or violation of the Acceptable Use section), with notice where reasonably feasible. Sections 5 (Customer Content), 6 (Data retention), 9 (Disclaimers), 10 (Limitation of liability), 11 (Indemnification), 12 (Intellectual property), 13 (Confidentiality), 15 (Governing law and dispute resolution), and 16 (General) survive termination.

15. Governing law and dispute resolution

These Terms are governed by the laws of the State of California, United States, without regard to conflict-of-laws rules.

15.1 Binding arbitration

Any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The arbitration is governed by the Federal Arbitration Act (FAA), 9 U.S.C. sections 1 to 16. The seat of arbitration is Orange County, California; the arbitrator may conduct hearings remotely (by video conference) at the request of either party where commercially reasonable. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

15.2 Jury trial waiver

YOU AND ALISO LLC EACH KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A JURY TRIAL IN ANY ACTION OR PROCEEDING ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE.

15.3 Arbitration fees

Each party is responsible for its own attorneys' fees and costs in any arbitration. AAA filing fees, arbitrator fees, and other administrative costs are allocated under the AAA Commercial Arbitration Rules in effect at the time the arbitration is filed.

15.4 Class action waiver and severability

You and Aliso LLC each agree that any dispute will be brought in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative action. If a court of competent jurisdiction finds the class-action waiver in this Section 15.4 unenforceable as to a particular claim or remedy, only that claim or remedy (and not the entire Section 15) shall be severed from arbitration; the remainder of Section 15 (including the bilateral arbitration agreement and the jury-trial waiver) remains in full effect.

15.5 Equitable relief carve-out

Notwithstanding Section 15.1, either party may seek injunctive or other equitable relief in a court of competent jurisdiction (without first arbitrating) ONLY for: (a) actual or threatened infringement, misappropriation, or unauthorized disclosure of intellectual property; (b) breach or threatened breach of the confidentiality obligations in Section 13; or (c) misuse of access credentials, the Service, or Aliso LLC systems. Operational disputes, billing disputes, performance disputes, and disputes about service availability or output quality are subject to arbitration under Section 15.1 and are not eligible for the equitable-relief carve-out.

16. Beta and experimental features

Aliso LLC may from time to time make experimental, preview, alpha, or beta features of the Service available to some or all customers (collectively, "Beta Features"). Beta Features are provided "AS IS" and "AS AVAILABLE," may be modified, suspended, or discontinued at any time without notice, and are excluded from any service-level commitment, performance representation, or warranty in these Terms. Aliso LLC may collect additional usage telemetry on Beta Features to improve them. Use of a Beta Feature is at your discretion and risk.

17. Force majeure

Neither party is liable for any delay or failure to perform under these Terms (other than payment obligations) caused by circumstances beyond its reasonable control, including without limitation: third-party infrastructure provider outages; third-party Application Programming Interface (API) outages or rate limits affecting upstream services; cyberattacks, denial-of-service events, or malicious intrusion; Internet routing or backbone failures; acts of God, fires, floods, earthquakes, or other natural disasters; pandemic or public health emergency; war, terrorism, civil disturbance, or government action; labor disputes; or changes in applicable law that materially affect Aliso LLC's ability to perform. The affected party will use commercially reasonable efforts to resume performance as soon as practicable.

18. Copyright complaints (DMCA)

Aliso LLC respects intellectual property rights and expects customers to do the same. The Service permits customers to upload Customer Content; if you believe Customer Content uploaded to or processed through the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. section 512.

To file a notice, send a written communication to hello@deviationcheck.com that includes:

1. your physical or electronic signature;
2. identification of the copyrighted work claimed to have been infringed;
3. identification of the allegedly infringing material with sufficient detail to allow Aliso LLC to locate it;
4. your contact information (address, telephone number, and email);
5. a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

Counter-notices may be submitted to the same address and must satisfy the requirements of 17 U.S.C. section 512(g)(3).

Repeat infringers. Aliso LLC will, in appropriate circumstances and at its discretion, suspend or terminate accounts of users who are repeat infringers.

19. Export controls and sanctions

The Service is provided from the United States and is subject to United States export-control and economic-sanctions laws and regulations, including those administered by the United States Department of Commerce Bureau of Industry and Security (BIS) and the United States Department of the Treasury Office of Foreign Assets Control (OFAC). You represent and warrant that:

• you are not located in, ordinarily resident in, or organized under the laws of a country or region subject to comprehensive United States economic sanctions (currently including, without limitation, Cuba, Iran, North Korea, Syria, the Crimea region, the so-called Donetsk People's Republic, and the so-called Luhansk People's Republic);
• you are not identified on the OFAC Specially Designated Nationals and Blocked Persons (SDN) List, the BIS Denied Persons List, the BIS Entity List, or any other comparable restricted-party list;
• you will not access or use the Service in violation of United States export-control or economic-sanctions law; and
• you will not use the Service in connection with the development of weapons of mass destruction or any other prohibited end use.

20. General

Entire agreement. These Terms (together with the Privacy Policy) constitute the entire agreement between you and Aliso LLC regarding the Site and Service.

Changes. Aliso LLC may modify these Terms from time to time. Material changes will be posted on the Site with an updated "Last Updated" date and, where applicable, communicated by email to active customers no less than 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance.

Assignment. You may not assign these Terms without Aliso LLC's prior written consent. Aliso LLC may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, on notice to you.

Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.

No waiver. Failure to enforce any provision is not a waiver of future enforcement.

Notices. Notices to Aliso LLC: hello@deviationcheck.com. Notices to you: the email address on your account or your most recent submission.

21. Contact

Questions about these Terms: hello@deviationcheck.com.

Aliso LLC, dba Deviation Check, deviationcheck.com.