Effective November 8, 2026
PencilReq is a construction pay application platform operated by Proscope Inc. ("we", "us"). These terms are the agreement between you and us for using PencilReq. By signing in or using PencilReq you agree to them, and to our Privacy Policy. If you don't agree, don't use PencilReq.
If you use PencilReq on behalf of a company, you confirm you have the authority to accept these terms for that company, and "you" means both you and the company.
PencilReq, and everything that makes it up, belongs to Proscope Inc. or its licensors. That includes the software, the screens and their design, the workflows (such as how pay applications, markups, schedules of values and approvals move between parties), the documents and messages it produces, its data structures, and the ideas and methods behind all of it. These are protected by copyright, trade secret and other intellectual property laws.
We give you a limited, revocable, non-exclusive, non-transferable right to use PencilReq for the projects you have been invited to, under these terms. That is the only right you get. We keep every right we don't expressly give you.
You may not, and may not help anyone else to:
Non-public information about PencilReq is confidential. That includes how it works, its screens and workflows, its features (including features being tested or developed), its performance, security details, pricing, and anything else about the platform that isn't public. Keep this information to yourself and the people on your project team who need it to do their work on the project. Don't disclose it to anyone else, and don't use it for any purpose except using PencilReq on your projects.
This duty continues after you stop using PencilReq. It doesn't cover information that is public through no fault of yours, that you already had lawfully before using PencilReq, or that you are required by law to disclose (in which case tell us first if the law allows, so we can seek protection).
Project information is handled separately: see Your project data and Other people's project data below.
If you give us suggestions, ideas, bug reports or other feedback about PencilReq, we may use them freely, for any purpose, without owing you anything and without naming you. You confirm that your feedback doesn't include anything you don't have the right to share.
The information you put into PencilReq (projects, contracts, schedules of values, pay applications, comments, approvals and files) is yours. You give us permission to store, process and display it only as needed to run PencilReq: to show it to the people on your project who are allowed to see it, to keep the project's records, to back it up, and to keep the service secure. We don't sell it and we don't use it for advertising. Our Privacy Policy explains more.
You're responsible for your data: that you have the right to upload it, that it's accurate, and that it doesn't break the law or anyone else's rights. PencilReq keeps records so that people on a project can rely on them; a submitted pay application or an approved schedule of values stays part of the project's history even if you later leave the project.
PencilReq shows you only your side of the chain: what the people above and below you on the project have shared with you, according to your role. Use what you see solely for your work on that project. Don't share it with anyone outside the project who isn't entitled to it, and don't collect or keep it for any other purpose.
PencilReq is a work in progress. We may add, change or remove features, and we may suspend or stop the service, at any time. We'll try to give reasonable notice of changes that affect you, but we can't always do so. We don't promise that PencilReq will be available at any particular time or without interruption.
PencilReq is provided "as is" and "as available". To the fullest extent the law allows, we make no warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, or that PencilReq will be accurate, error-free, secure or uninterrupted.
PencilReq is a tool that helps parties on a construction project exchange and track pay applications. It is not legal, accounting or construction advice, and it doesn't replace your contracts or your own review. You are responsible for checking the figures, documents and approvals you rely on.
To the fullest extent the law allows, we won't be liable to you for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, however caused, even if we were told they might happen. Our total liability to you for everything arising out of or relating to PencilReq or these terms is limited to the greater of (a) the amount you paid us to use PencilReq in the twelve months before the claim, and (b) one hundred US dollars.
Some laws don't allow certain limits. If one applies to you, our liability is limited to the smallest amount that law allows.
You'll cover us for any claim, loss or cost (including reasonable legal fees) that arises from your data, from your breach of these terms, or from your misuse of PencilReq.
These terms are governed by the laws of the State of New York, without regard to its conflict-of-law rules. Any dispute arising out of or relating to PencilReq or these terms will be brought only in the state or federal courts located in New York County, New York, and you and we each consent to those courts. Either of us may also ask any court for an injunction to stop a breach of sections 2, 3 or 4, since money alone may not repair that harm.
We may change these terms. When we do, we'll update the date at the top of this page, and for significant changes we'll tell you on the sign-in screen or by email. If you keep using PencilReq after a change takes effect, you accept the new terms. If you don't accept them, stop using PencilReq.
Questions about these terms: [email protected]
Proscope Inc.