TERMS OF USE
Last updated April 09, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Bidding And Estimating ("Company," "we," "us," "our"), a company registered in Texas, United States at 5900 Balcones Drive, Austin, TX 78731.
We operate the website https://biddingandestimating.com/ (the "Site"), along with related products and services referencing these Legal Terms (the "Services").
BiddingAndEstimating.com is an AI-driven construction bidding platform providing full-cycle bidding solutions for builders, contractors, and subcontractors. Our Services include AI-powered cost estimation, bid preparation, submission, and post-bid project tracking to optimize outcomes. Users must comply with our Terms of Service, Privacy Policy, and all legal/contractual obligations.
Contact Information:
- Email: moc.gnitamitsednagniddib@ofni
- Mail: 5900 Balcones Drive, Austin, TX 78731, United States
By accessing the Services, you agree to these Legal Terms. IF YOU DISAGREE, YOU ARE PROHIBITED FROM USING THE SERVICES.
Supplemental terms posted on the Services are incorporated herein. We may modify these Legal Terms at any time. Continued use after updates constitutes acceptance.
The Services are intended for users at least 13 years old. Minors (under 18 in their jurisdiction) require parental permission and supervision.
TABLE OF CONTENTS
- OUR SERVICES
- INTELLECTUAL PROPERTY RIGHTS
- USER REPRESENTATIONS
- PURCHASES AND PAYMENT
- SUBSCRIPTIONS
- POLICY
- PROHIBITED ACTIVITIES
- USER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- GUIDELINES FOR REVIEWS
- SERVICES MANAGEMENT
- PRIVACY POLICY
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- CORRECTIONS
- DISCLAIMER
- LIMITATIONS OF LIABILITY
- INDEMNIFICATION
- USER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- SMS TEXT MESSAGING
- CALIFORNIA USERS AND RESIDENTS
- MISCELLANEOUS
- CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not designed to comply with industry-specific laws or regulations. If your activities are subject to such requirements (including but not limited to healthcare, financial, or data security laws), you are prohibited from using the Services unless explicitly agreed in a written agreement signed by our authorized representative. You may not use the Services for any unlawful purpose or in any way that violates applicable laws, including but not limited to antitrust, trade practices, or procurement regulations.
Any unenforceable provision in this section shall not affect the validity of the remaining terms.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We exclusively own or license all intellectual property rights in the Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the “Content”), and trademarks, service marks, and logos (the “Marks”). The Content and Marks are protected by copyright, trademark, trade secret, and other intellectual property laws in the United States and internationally. No implied licenses or rights are granted under these Legal Terms.
The Content and Marks are provided in or through the Services “AS IS” solely for your non-commercial internal business purposes.
Your Use of Our Services
Subject to your compliance with these Legal Terms (including the “PROHIBITED ACTIVITIES” section), we grant you a non-exclusive, non-transferable, revocable license to:
- Access the Services; and
- Download or print portions of the Content to which you have properly gained access,
solely for non-commercial internal business purposes. This license is subject to termination at any time without notice.
Except as expressly stated above, no part of the Services, Content, or Marks may be:
- Copied, reverse-engineered, decompiled, disassembled, or reproduced;
- Aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose;
- Used to train artificial intelligence (AI) models, create derivative works, or automate data extraction.
Any use beyond the scope of this license requires prior written agreement signed by our authorized representative. Permissions, if granted, may be revoked at our sole discretion.
Submitting Requests
To request permission for uses not covered herein, contact: moc.gnitamitsednagniddib@ofni. If permitted, you must:
- Identify us as the owner/licensor of the Content or Marks;
- Display all copyright or proprietary notices when using our Content.
We reserve all rights not expressly granted herein.
Breach of IP Rights
Any breach of these terms constitutes a material breach of these Legal Terms. We may:
- Terminate your access to the Services immediately;
- Pursue all available legal remedies; and
- Recover attorneys’ fees, litigation costs, and damages.
Your Submissions
By submitting questions, comments, ideas, feedback, or other information (“Submissions”), you:
- Irrevocably assign and transfer to us all global rights, titles, and interests in the Submission (including intellectual property and moral rights);
- Waive all claims to compensation, attribution, or confidentiality;
- Warrant that:
- Submissions are original or you have rights/licenses to submit them;
- Submissions comply with the “PROHIBITED ACTIVITIES” section (e.g., no illegal, harassing, or misleading content);
- Indemnify us against all claims, losses, and costs (including legal fees) arising from your Submissions or breach of third-party rights.
You are solely liable for Submissions and agree to reimburse us for all losses related to your non-compliance.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
- You have the legal capacity and agree to comply with these Legal Terms;
- You are not under the age of 13;
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services;
- You will not access the Services through automated or non-human means (e.g., bots, scripts);
- You will not use the Services for any illegal or unauthorized purpose;
- Your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services.
4. PURCHASES AND PAYMENT
Accepted Payment Methods
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
Payment Obligations
You agree to:
- Provide current, complete, and accurate purchase and account information;
- Promptly update payment information (e.g., email address, payment method, card expiration date);
- Pay all charges at the prices in effect at the time of purchase, including applicable taxes and fees.
All payments are in US dollars.
Pricing and Errors
We reserve the right to:
- Change prices at any time;
- Correct pricing errors even after payment is requested or received;
- Refuse or limit orders (e.g., per person, household, or payment method).
5. SUBSCRIPTIONS
Billing and Renewal
Your subscription will automatically renew unless canceled. You authorize recurring charges to your payment method until cancellation.
Free Trial Terms
- Conditional Trial Period: The 5-day free trial (“Trial Period”) requires conversion to a paid subscription afterward.
- Payment Obligation: If you discontinue services after the Trial Period without a Company-acknowledged deficiency, you will be invoiced for the full standard rate.
- Termination: We may terminate the Trial Period immediately for violations of these Terms or platform misuse.
Cancellation
Cancel your subscription at any time by contacting us at moc.gnitamitsednagniddib@ofni. Cancellation takes effect at the end of the current billing cycle.
Fee Changes
We may change subscription fees and will notify you of price changes in accordance with applicable law.
6. REFUND POLICY
Eligibility for Refunds
All fees are non-refundable except if:
(a) Services materially fail to meet specifications explicitly guaranteed in your service agreement; or
(b) We breach contractual obligations, as determined solely and conclusively by the Company.
Dispute Resolution
To dispute a charge, notify us in writing within 30 days of service delivery. We reserve the right to investigate and issue refunds at our sole discretion.
No Refunds for Dissatisfaction
Refunds are not granted for:
- General dissatisfaction or change of mind;
- Failure to win bids unless directly caused by a documented error/omission by BiddingAndEstimating.com.
7. PROHIBITED ACTIVITIES
You agree not to:
- Scrape, mine, or extract data without written permission;
- Bypass security measures or disrupt Services;
- Harass, defraud, or impersonate users/employees;
- Use Services for commercial endeavors (except those we approve);
- Engage in automated misuse (bots, scripts, spam);
- Reverse-engineer, decompile, or disassemble any software;
- Violate laws or compete with us using Services/Content.
Violations may result in immediate termination and legal action.
8. USER GENERATED CONTRIBUTIONS
Clarification
(Resolve contradiction in opening paragraph)
While the Services do not actively solicit user submissions, any Contributions (e.g., text, images, feedback) you voluntarily provide must comply with:
- Ownership: You warrant you own or have rights to all Contributions;
- No Infringement: Contributions must not violate third-party rights (IP, privacy, publicity);
- Lawful Content: Contributions must be lawful, non-misleading, and non-defamatory.
We reserve the right to remove Contributions or terminate access for violations.
9. CONTRIBUTION LICENSE
By submitting Contributions:
- You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, distribute, and sublicense Contributions;
- Feedback: We may use suggestions/feedback without compensation;
- Liability: You are solely responsible for Contributions and agree to indemnify us for related claims.
(Retain user ownership but clarify license scope)
10. GUIDELINES FOR REVIEWS
Posting Criteria
Reviews must:
- Be based on firsthand experience;
- Avoid offensive, discriminatory, or illegal content;
- Not be posted by competitors or involve false statements.
Enforcement
- We may remove reviews at our sole discretion;
- Reviews do not reflect our opinions, and we assume no liability for them;
- By posting, you grant us an exclusive, sublicensable license to use reviews globally.
11. SERVICES MANAGEMENT
We reserve the right, at our sole discretion, to:
- Monitor the Services for violations of these Legal Terms;
- Take legal action against violators, including terminating access or reporting to law enforcement;
- Refuse, restrict, or disable access to Contributions;
- Otherwise manage the Services to protect rights/safety and enforce terms.
You waive claims against us for actions taken to enforce these terms.
12. PRIVACY POLICY
Your use of the Services is subject to our Privacy Policy, incorporated by reference here. By using the Services, you consent to data practices outlined therein. We may update the Privacy Policy without notice, and continued use constitutes acceptance.
13. TERM AND TERMINATION
These Legal Terms remain effective until terminated. We may terminate/suspend your access immediately without notice for breaches (e.g., non-payment, prohibited activities).
- Post-Termination: All rights/licenses end, and accrued rights/liabilities survive.
- Legal Action: We reserve rights to pursue remedies even after termination.
14. MODIFICATIONS AND INTERRUPTIONS
- Updates: We may modify/disable Services at any time without liability.
- Interruptions: Services may be interrupted for maintenance, security, or technical reasons. No obligation to update or maintain specific features.
15. GOVERNING LAW
As finalized earlier:
These Legal Terms are governed by Texas law. Disputes must be resolved in Travis County, Texas courts.
16. DISPUTE RESOLUTION
As finalized earlier:
- Informal negotiation → Binding AAA arbitration in Travis County, TX.
- Class action/representative claims waived.
17. CORRECTIONS
We may correct errors (e.g., typographical, pricing, or informational inaccuracies) without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED. WE ARE NOT LIABLE FOR:
- ERRORS, INACCURACIES, OR OMISSIONS IN CONTENT;
- UNAUTHORIZED ACCESS TO DATA OR SERVERS;
- INTERRUPTIONS, VIRUSES, OR SYSTEM FAILURES;
- THIRD-PARTY PRODUCTS/SERVICES ADVERTISED VIA THE SERVICES.
YOU USE THE SERVICES AT YOUR OWN RISK. NO ADVICE FROM US CREATES A WARRANTY.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (E.G., LOST PROFITS, DATA LOSS) ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID US IN THE PRIOR 6 MONTHS. THIS APPLIES EVEN IF WE WARNED OF POTENTIAL DAMAGES.
EXCEPTIONS: SOME JURISDICTIONS PROHIBIT LIMITING CERTAIN DAMAGES. IF APPLICABLE, THESE LIMITATIONS MAY NOT APPLY TO YOU.
20. INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM ANY CLAIMS, LOSSES, OR COSTS (INCLUDING ATTORNEYS’ FEES) ARISING FROM:
- YOUR USE OF THE SERVICES;
- BREACH OF THESE TERMS;
- VIOLATION OF THIRD-PARTY RIGHTS (E.G., INTELLECTUAL PROPERTY);
- HARMFUL ACTS TOWARD OTHER USERS.
WE MAY ASSUME CONTROL OF ANY DEFENSE AT YOUR EXPENSE. YOU MUST COOPERATE FULLY.
21. USER DATA
YOU ARE SOLELY RESPONSIBLE FOR DATA YOU TRANSMIT. WE PERFORM BACKUPS BUT DO NOT GUARANTEE DATA INTEGRITY OR RECOVERY. WE HAVE NO LIABILITY FOR DATA LOSS OR CORRUPTION.
22. ELECTRONIC COMMUNICATIONS
YOU CONSENT TO ELECTRONIC SIGNATURES, CONTRACTS, AND RECORDS. COMMUNICATIONS VIA EMAIL OR THE SERVICES SATISFY LEGAL WRITING REQUIREMENTS. YOU WAIVE RIGHTS REQUIRING NON-ELECTRONIC RECORDS.
23. SMS TEXT MESSAGING
- Opt-Out: Reply "STOP" to any SMS or email moc.gnitamitsednagniddib@ofni.
- Carrier Liability: MESSAGE AND DATA RATES MAY APPLY. WE ARE NOT LIABLE FOR DELAYS OR FAILED DELIVERIES.
- Support: Contact us for SMS-related issues.
24. CALIFORNIA USERS
CALIFORNIA RESIDENTS MAY CONTACT THE CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS AT:
1625 North Market Blvd., Sacramento, CA 95834 | (800) 952-5210.
25. MISCELLANEOUS
- Entire Agreement: These Terms supersede prior agreements.
- Waiver: Failure to enforce a right is not a waiver.
- Severability: If a clause is invalid, the rest remains enforceable.
- Assignment: We may transfer our rights without your consent.
- Force Majeure: Not liable for delays beyond our control (e.g., natural disasters).
26. CONTACT US
For legal notices or complaints:
Bidding And Estimating
5900 Balcones Drive, Austin, TX 78731
Email: moc.gnitamitsednagniddib@ofni.