Terms of Service

1Who you are dealing with

This website is operated by XTM Construction, LLC, a Texas limited liability company doing business as XTM Construction. In these Terms, XTM, we, us, and our mean XTM Construction, LLC. You and your mean the person using this website.

• Legal entity: XTM Construction, LLC
• Texas Secretary of State filing number: on file with the Texas Secretary of State
• Registered agent for service of process: on file with the Texas Secretary of State
• Mailing address: 21750 Hardy Oak Blvd, Ste 104 PMB 7000564, San Antonio, TX 78258
• Phone: (210) 485-9831 | Email: xtmcon@gmail.com

2Accepting these Terms

By visiting this website, submitting a form, creating an account, or sending us a message through this site, you agree to these Terms of Service and to our Privacy Policy. If you do not agree, do not use the site. You must be at least 18 years old to create an account or submit a request.

We may update these Terms. The version in effect is the one posted here on the date you use the site, and the date it was last revised appears at the top of this page. If we make a change that materially affects your rights, we will make a reasonable effort to tell account holders by email or in the dashboard. Continuing to use the site after a change means you accept the revised Terms.

3This website does not create a construction contract

Nothing on this website is an offer to perform work, a bid, a quote, or an acceptance of your offer. Submitting a quote request, a contact message, or a project request through your dashboard starts a conversation. It does not obligate us to perform any work, and it does not obligate you to hire us.

We are only bound to perform construction work when all of the following have happened: we have inspected or otherwise assessed the property, we have issued a written proposal specific to your project, and both you and an authorized representative of XTM Construction, LLC have signed a written contract. Verbal statements, emails, text messages, and messages sent through this website do not modify or replace that signed contract.

4Estimates, proposals, and pricing

Any price, range, allowance, or timeline we give you before a signed contract is an estimate based on the information available at the time. Estimates are not fixed bids unless the document says so in writing and is signed.

• Written estimates are valid for 30 days from the date issued unless stated otherwise, because material and labor prices move.
• Estimates assume normal, visible site conditions. Concealed conditions discovered after work begins, including rot, mold, pest damage, failed framing, undersized or non-code electrical and plumbing, buried utilities, unstable soil, and undisclosed prior repairs, are not included and are handled by written change order.
• Budget ranges shown on this website or in the request form are planning figures only. They are not offers and they are not binding on either of us.
• Allowances for finishes, fixtures, and appliances are estimates of cost. If you select items above the allowance, the difference is added by change order.
• Permit fees, impact fees, utility connection fees, engineering, surveys, and third party testing are excluded unless the proposal expressly includes them.

Change orders must be in writing and signed before the additional work is performed, except where an immediate response is required to protect health, safety, or the property from further damage. In that case we will document the work and the cost in writing as soon as practicable.

5Your account

You may create an account to track requests and exchange messages with us. You are responsible for the accuracy of the information you provide and for keeping your password confidential. Tell us right away if you believe someone else has accessed your account.

You agree not to use the site to submit false information, impersonate another person, request work on property you do not own or control, upload malicious code, scrape or harvest data, attempt to access another user's account or records, or interfere with the operation of the site. We may suspend or close an account that violates these Terms, and we may keep records associated with a closed account as described in our Data Policy.

6Messages sent through this site

The messaging feature in your dashboard is a convenience for coordinating your project. It is not a legal notice channel. Notices that a statute or your contract requires to be delivered in a specific way, including construction defect notices under Chapter 27 of the Texas Property Code and Deceptive Trade Practices Act notices under Section 17.505 of the Texas Business and Commerce Code, must be delivered as that statute or contract requires. A message in the dashboard does not satisfy those requirements.

Do not send payment card numbers, Social Security numbers, bank account details, or other sensitive financial information through this website or by email. We will never ask you for those through the site.

7Phone, text, and email contact

When you give us your phone number on a form or in your account, you consent to be contacted by XTM Construction, LLC by phone call, text message, and email about your request and any project we perform for you. These are service and transactional messages: scheduling, crew arrival, permit and inspection updates, questions about scope, invoices, and warranty follow up.

We will not send you promotional or marketing text messages unless you separately opt in to receive them. Consent to receive marketing messages is never a condition of doing business with us. Message and data rates may apply, and message frequency varies.

• To stop text messages, reply STOP to any message from us, or tell us to stop by any other reasonable means, including by calling (210) 485-9831 or emailing xtmcon@gmail.com.
• We process opt out requests within 10 business days, consistent with current Federal Communications Commission rules.
• Opting out of marketing messages does not stop transactional messages about an active project unless you ask us to stop those as well.
• To stop marketing emails, use the unsubscribe link in the email or contact us directly.

8Licensing, insurance, and the trades

Texas does not license general contractors at the state level. Texas does license several of the individual trades involved in construction, and regulated trade work on your project is performed by appropriately licensed individuals or licensed subcontractors, either employed by us or engaged by us.

We carry commercial general liability insurance, and a certificate of insurance is available on request before work begins. Current policy limits, the carrier, and our workers compensation status are stated on that certificate. Texas does not require private employers to carry workers compensation coverage, and any statement we make about coverage describes the coverage in force on the date of the statement.

9Documents you will receive before work begins

Texas law requires specific disclosures for residential construction. Depending on the type of work and the property, you will receive some or all of the following before you sign a contract or before work starts. This website is not a substitute for any of them.

• Disclosure Statement under Section 53.255 of the Texas Property Code, delivered before you sign a residential construction contract, explaining your rights and responsibilities and how mechanic's liens work.
• List of subcontractors and suppliers under Section 53.256 of the Texas Property Code, delivered before construction begins, with updates within 15 days of any addition or removal.
• The notice required by Section 27.007 of the Texas Property Code, printed in the contract in 10 point boldface type, describing how the Residential Construction Liability Act affects your rights.
• For work on a homestead, a written contract signed by both spouses, executed in accordance with Article XVI, Section 50 of the Texas Constitution where credit is extended against the home.
• The warning required by Section 41.007 of the Texas Property Code for home improvement contracts.
• For any contract signed at your residence following an in person sales visit, written notice of your right to cancel and a completed cancellation form under Chapter 601 of the Texas Business and Commerce Code.

10Your right to cancel

If you sign a contract with us at your home following an in person sales visit, Chapter 601 of the Texas Business and Commerce Code gives you the right to cancel the transaction until midnight of the third business day after the day you signed. You do not need a reason and you owe no penalty.

To cancel, sign and date the cancellation form we give you and deliver or mail it to XTM Construction, LLC at the address on the form before the deadline. Keep proof of mailing. You may also cancel by any other written notice that clearly states you are canceling, delivered by the deadline.

If credit is extended and secured against your homestead, additional protections apply under Article XVI, Section 50(a)(5) of the Texas Constitution, including a waiting period before the contract may be executed and a three day right of rescission after all parties sign. Those rights are described in the contract documents you receive.

11Warranties on our work

We provide a written limited warranty with every project. The warranty document delivered with your contract states exactly what is covered, for how long, what is excluded, and how to make a claim. Read it, because it is the operative warranty for your project.

• Workmanship and materials: as stated in your signed contract
• Plumbing, electrical, and HVAC delivery systems: as stated in your signed contract
• Major structural components: as stated in your signed contract
• Manufacturer warranties on products, fixtures, appliances, and roofing materials are passed through to you and are honored by the manufacturer under its own terms

Our warranty does not cover normal wear, normal settling and the resulting hairline cracking, damage from weather events, damage caused by you or by anyone you hire after we finish, failure to perform routine maintenance, alterations made by others, or conditions that existed before our work and were outside the scope we contracted to perform.

12Construction defect claims and the notice you must give us

Claims about defects in residential construction are governed by the Residential Construction Liability Act, Chapter 27 of the Texas Property Code. That statute sets out a process both of us must follow, and it applies whether the claim is brought in court or in arbitration.

• Before filing suit or initiating arbitration, you must give us written notice by certified mail, return receipt requested, describing the claimed defect in reasonable detail, at least 60 days in advance.
• We may request an inspection and may inspect the property up to three times within 35 days after we receive your notice.
• Within 60 days after receiving your notice, we may make a written offer to repair the defect, to pay you, or both, describing the repairs and when they would be completed.
• If you consider our offer unreasonable, you must explain why in writing within 25 days. We may then make a supplemental offer within 10 days.
• If a court or arbitrator finds you unreasonably rejected a reasonable offer, your recovery may be limited to the value of that offer and to attorney's fees incurred before the rejection.

Chapter 27 does not apply to claims for personal injury, wrongful death, survival claims, damage to goods, real estate fraud claims under Section 27.01 of the Texas Business and Commerce Code, claims that we wrongfully abandoned a project before completion, or claims under Chapter 162 of the Texas Property Code.

13Deceptive Trade Practices Act notice

If you intend to bring a claim under the Texas Deceptive Trade Practices Act, Section 17.505 of the Texas Business and Commerce Code requires you to give us written notice at least 60 days before filing suit. The notice must describe your specific complaint and state the amount of economic damages, damages for mental anguish, and expenses including attorney's fees that you are claiming. We may request to inspect the work during that period.

14Limitation of liability

To the fullest extent Texas law allows, and subject entirely to the section immediately below, our total liability arising out of or relating to your use of this website is limited to one hundred dollars, and our total liability arising out of or relating to a construction project is limited to the amount you actually paid us under the signed contract for that project.

To the fullest extent Texas law allows, we are not liable for lost profits, lost rental income, loss of use, loss of business opportunity, diminution in value not caused by our work, or other consequential, incidental, special, exemplary, or punitive damages, whether the claim is framed in contract, warranty, tort, or statute, and whether or not we were told such damages were possible.

15What we need from you

By requesting work you confirm that you own the property or have written authority from the owner to authorize the work, and that you will tell us about conditions we could not reasonably discover on our own.

• Disclose known defects, prior repairs, insurance claims, water intrusion history, pest damage, and the location of any private utilities, septic systems, irrigation, or buried lines.
• Disclose any homeowners association, deed restriction, historic district, or easement that affects the work.
• Provide safe access to the work area and keep children and pets clear of it.
• Secure or remove valuables, fragile items, and vehicles from the work area before we begin.
• Obtain and maintain property insurance on the existing structure. Our liability insurance covers our operations, not your building.
• Make payments on the schedule in the contract. Late payments may suspend work and may accrue interest at the rate stated in the contract.

You agree to indemnify and hold XTM Construction, LLC harmless from claims arising out of your breach of these commitments, including claims by a property owner if you authorized work you did not have authority to authorize, and claims arising from hazardous conditions you knew about and did not disclose. This does not apply to the extent the claim arises from our own negligence or misconduct.

16Photographs of your project

We photograph and video our jobsites for documentation, quality control, insurance, and portfolio purposes. Progress and completed project images may appear on this website, on our social media, and in proposals and advertising.

• We do not publish your name, street address, or any image that identifies the property's exact location without your written permission.
• We do not photograph the interior of occupied areas beyond the scope of work without asking first.
• You may opt out of promotional use at any time by emailing xtmcon@gmail.com. We will stop future promotional use and remove the images from channels we control, though we may keep copies in our project records and cannot always recall material already printed or reshared by others.
• We keep documentation photographs regardless of a promotional opt out, because they protect both of us if a dispute arises later.

If your signed contract contains a media release, that release controls over this section.

17Website content and intellectual property

The XTM Construction name, logo, site design, text, photographs, and other content on this website are owned by XTM Construction, LLC or used with permission, and are protected by copyright and trademark law. You may view and print pages for your own personal, non commercial use in evaluating or managing a project with us. You may not copy, republish, sell, or use our content or images to promote another business.

Drawings, specifications, plans, and design documents we prepare remain our property unless your contract assigns them to you in writing. They are prepared for your project only and may not be reused on another site or given to another contractor for bidding without our written consent.

18What you send us

When you send us photographs, plans, documents, measurements, or descriptions through this website, you keep ownership of them. You give us a non exclusive license to use them for the purpose of evaluating, quoting, performing, and documenting your project, and to keep them in our records. You confirm you have the right to send us what you send.

Do not send us anything confidential that you would not want stored in our project records, and do not send us anyone else's copyrighted material without permission.

19Third party services and links

This website runs on Google Firebase, and links to third party sites including social media platforms and manufacturer pages. Those services have their own terms and privacy practices, and we do not control their content or availability. A link is not an endorsement. Our Privacy Policy and Data Policy describe how we use Firebase and what data it holds.

20The website itself

This website is provided on an as is and as available basis. We do not warrant that it will be uninterrupted, error free, secure against every threat, or that content will always be current or accurate. We may change, suspend, or discontinue any part of the site at any time. This disclaimer applies to the website only. It does not apply to construction services, which are covered by your signed contract and the warranty sections above.

21Resolving disputes

IF WE HAVE A DISPUTE THAT WE CANNOT RESOLVE BY TALKING, IT WILL BE DECIDED BY BINDING ARBITRATION RATHER THAN BY A JUDGE OR JURY, AND YOU AND WE EACH GIVE UP THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION. READ THIS SECTION CAREFULLY.

Step one, talk to us. Send a written description of the problem and what you want to xtmcon@gmail.com or the mailing address above. We will respond within 30 days and try to resolve it directly. Most disputes end here.

Step two, statutory notice. If your claim involves a construction defect, you must first complete the Chapter 27 notice, inspection, and offer process described above. If your claim is under the Deceptive Trade Practices Act, you must first give the 60 day notice under Section 17.505. Arbitration does not shorten or replace those requirements.

Step three, arbitration. A dispute that remains unresolved will be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, before a single arbitrator, seated in San Antonio, Bexar County, Texas. The arbitrator decides the dispute under Texas law and may award any relief a Texas court could award to you individually. Judgment on the award may be entered in any court with jurisdiction.

• Class action waiver: claims must be brought individually. Neither of us may bring a class, collective, consolidated, or representative action, and the arbitrator has no authority to hear one.
• Small claims carve out: either of us may bring an individual claim in a Texas small claims court instead of arbitration if the claim qualifies.
• Liens and injunctions carve out: either of us may go to court to file or enforce a mechanic's lien, to enforce a construction trust fund claim, or to seek emergency injunctive relief to prevent imminent harm to person or property, without waiving arbitration for the rest of the dispute.
• Fees: we will pay the arbitration filing, administration, and arbitrator fees that exceed what you would have paid to file the same claim in a Texas district court, unless the arbitrator finds your claim was frivolous.
• Location: the arbitration will be seated in Bexar County, Texas, and will not be moved outside Texas. Texas law effective September 1, 2025 voids any contract term requiring a dispute involving Texas real property to be litigated or arbitrated outside Texas.

22Governing law and venue

These Terms and any dispute arising out of them or out of your use of this website are governed by the laws of the State of Texas, without regard to conflict of law rules. For any matter not subject to arbitration, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Bexar County, Texas.

23Time limits on claims

Texas sets outside deadlines for construction claims regardless of when a problem is discovered. Section 16.009 of the Texas Civil Practice and Remedies Code generally bars claims brought more than 10 years after substantial completion of the improvement. For a qualifying new residence under a contract signed on or after June 9, 2023, that period is 6 years instead of 10 if the builder provided a written warranty meeting the statutory minimums of one year on workmanship and materials, two years on plumbing, electrical, and HVAC delivery systems, and six years on major structural components.

24General terms

• Severability: if any provision of these Terms is held unenforceable, it is modified to the minimum extent necessary or severed, and the remaining provisions stay in effect.
• No waiver: if we do not enforce a provision, that is not a waiver of our right to enforce it later.
• Assignment: you may not assign these Terms without our written consent. We may assign them in connection with a sale or reorganization of the business.
• Entire agreement for the website: these Terms and the Privacy Policy are the entire agreement between you and us about your use of this website. Your construction work is governed by your signed contract.
• Force majeure: neither of us is liable for delay or failure caused by events outside reasonable control, including severe weather, freeze events, flood, fire, labor disputes, material shortages, utility failures, and government action.
• Headings: section headings are for convenience and do not affect interpretation.