Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BidBuild Incorporated ("BidBuild," "we," "us," or "our") governing your access to and use of the BidBuild platform, including our website, applications, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements and that you are using the Services for business purposes related to contracting, construction, or related industries.

3. Account Registration

To access certain features of our Services, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4. Services Description

BidBuild provides a comprehensive contractor management platform that includes:

• Core: Lead management, job tracking, and business operations
• Finance: Bookkeeping, invoicing, and financial reporting services
• Marketplace: Product purchasing and affiliate commission program
• Engage: Lead qualification and call answering services
• Marketing: SEO, advertising, and digital marketing services
• Connect: Client portal and communication tools
• Training: Educational resources and support materials

5. Subscription and Payment

5.1 Fees

Certain Services require payment of fees. You agree to pay all applicable fees as described on our pricing page or in your subscription agreement. All fees are non-refundable except as expressly stated in these Terms or required by law.

5.2 Billing

We will bill you on a recurring basis (monthly or annually, as selected). You authorize us to charge your designated payment method for all fees due. If payment fails, we may suspend or terminate your access to the Services.

5.3 Price Changes

We reserve the right to change our prices at any time. We will provide you with at least 30 days' notice of any price changes. Your continued use of the Services after the price change takes effect constitutes your agreement to pay the new price.

6. Marketplace Terms

If you use our Marketplace features:

• Product purchases are subject to availability and may be fulfilled by third-party vendors
• Affiliate commissions are paid according to our current commission schedule
• We reserve the right to modify commission rates with 30 days' notice
• Commissions are paid only on valid, completed sales

7. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose
• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Transmit harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services
• Use the Services to send spam or unsolicited communications
• Misrepresent your identity or affiliation

8. Intellectual Property

The Services and all content, features, and functionality are owned by BidBuild and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

You retain ownership of any content you submit to the Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content in connection with providing the Services.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDBUILD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless BidBuild and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of any rights of another party.

12. Termination

You may terminate your account at any time by contacting us. We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will immediately cease.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved in the state or federal courts located in Delaware.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of the Services after changes become effective constitutes your acceptance of the new Terms.

15. Contact Us

If you have any questions about these Terms, please contact us at: