MarkAndRun is a native mobile and web application that helps residential contractors run the full job lifecycle: AI-assisted walkthroughs and estimates, contract generation with draw schedules, e-signature, daily AI progress reports, change orders, lien waivers, punch lists, and closeout. These disclaimers explain what the Service is — and equally importantly, what it is not.
These disclaimers supplement and do not replace the full Terms of Service.
1. What MarkAndRun is
MarkAndRun is a software tool. It records, stores, and organises information you enter or speak, and — where AI features are used — generates structured output (estimates, contracts, progress reports, change order drafts) based on that input and publicly available market data. All output is a starting point for your professional judgment, not a finished, verified, or legally certified deliverable.
2. Not legal advice
Nothing in the Service constitutes legal advice. This includes:
- AI-generated contract text, including payment terms and draw schedules.
- Lien waiver forms and any language they contain.
- Scope-of-work descriptions, exclusions, and assumptions.
- Any in-app guidance, label, tooltip, or suggested wording.
Contractor law, mechanic's lien requirements, notice procedures, and licence obligations vary significantly by state, county, and municipality. You are solely responsible for ensuring that any document you produce through the Service complies with applicable law in the jurisdiction where the work is performed. Consult a licensed construction attorney before using any contract or lien waiver for an actual job.
3. In-app e-signatures — not a certified platform
MarkAndRun facilitates electronic signature by displaying documents to the signing party via a secure tokenized web link and recording their acceptance with a timestamp and IP address. This is intended to create a binding electronic record under applicable e-signature law (such as the U.S. E-SIGN Act and UETA).
The in-app e-signature feature is provided as a convenience. MarkAndRun makes no warranty that signatures captured through the Service will be accepted by courts, title companies, lenders, or other third parties in all circumstances.
4. Not accounting, tax, or financial advice
Budget line items, cost entries, draw schedules, financial summaries, and any reports the Service generates are for internal project-tracking purposes only. They are not:
- Audited financial statements.
- Tax returns, tax filings, or tax advice of any kind.
- Professional accounting work product.
- A substitute for job-costing software integrated with your books.
Do not use figures from MarkAndRun as your primary record for tax reporting, financial statements, or lender submissions without independent verification by a licensed accountant or CPA.
5. Not engineering or structural advice
MarkAndRun does not perform structural analysis, load calculations, or engineering review. Scope items and change-order descriptions are plain language notes. Nothing in the Service should be interpreted as a determination that a proposed construction approach is structurally sound, code-compliant, or safe. Engage a licensed structural engineer or architect for any work that requires one.
6. Not a code official or permit authority
Inspection records, inspection status, and closeout checklist items in MarkAndRun are your internal records only. They are not official permits, certificates of occupancy, or inspection approvals from any government authority. Only the relevant building department or code official can issue or revoke permits and inspection approvals.
7. AI-generated scope, pricing, and documents
When you record a walkthrough, MarkAndRun sends the audio to OpenAI for transcription. The transcript and project context are then used to generate a priced scope estimate, with price ranges informed by current local market data retrieved via web search. Contracts, daily progress reports, and change order drafts are also generated by AI based on your project data.
Market pricing data is sourced from public web searches at the time of generation and may not reflect current prices, union rates, seasonal fluctuations, or supply-chain conditions in your specific market.
8. User-entered data accuracy
MarkAndRun stores and displays what you enter. We do not verify, validate, or audit the accuracy of:
- Client names, phone numbers, email addresses, or job addresses.
- Project type, status, or contract values.
- Cost entries, draw amounts, or budget figures.
- Inspection dates, statuses, or inspector names.
- Lien waiver party names, amounts, or effective dates.
- Punch list items, descriptions, or completion status.
Errors in data you enter will appear in any document, report, or export the Service produces. You are solely responsible for the accuracy of your records.
9. Client punch list — one-chance design
The Service is designed to give clients exactly one opportunity to submit a punch list before final payment is released. This design is a workflow convenience feature intended to establish a clear scope of outstanding work. It does not override any right a client may have under applicable law to raise defects or warranty claims after closeout. Consult a construction attorney regarding your obligations after a project closes.
10. Third-party reliance
Documents produced with MarkAndRun may be reviewed by clients, lenders, title companies, insurance carriers, and subcontractors. We make no representation that any document produced through the Service will be accepted by any such party for any purpose.
11. Contractor licensing and insurance
MarkAndRun does not verify whether any user holds a valid contractor licence, carries required insurance, or is bonded. If you are a property owner or client seeking a licensed contractor, verify licences independently through your state licensing board.
12. Service availability and data integrity
We target high availability but do not guarantee uninterrupted access. You should maintain your own backups of critical project documents — particularly any signed contracts, executed lien waivers, and permit records. MarkAndRun is not liable for data loss due to outages, software bugs, or accidental deletion.
13. No warranty
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." MARKANDRUN MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK.
14. Contact
For legal questions: legal@markandrun.com
For general support: Support & Contact
For privacy or data requests: privacy@markandrun.com