Terms of Service

1. Description of Services

BidAccurate provides construction cost estimating, quantity takeoff, and related bid-preparation services to contractors, subcontractors, and construction businesses. Services may be provided on a per-project basis or through a monthly subscription / deployment package, as described on our pricing page.

2. Eligibility

Our Services are intended for business use by individuals and companies operating in the construction industry. By using our Services, you represent that you are at least 18 years old and have the authority to enter into these Terms on behalf of yourself or your company.

3.Ordering & Payment Terms

• Pricing for our Services is listed on our Site or provided directly in a quote or Service Level Agreement (SLA).
• Payment is due as specified at the time of purchase or in your applicable agreement with us.
• Monthly deployment packages renew each billing cycle unless cancelled in accordance with your agreement.
• We reserve the right to pause or suspend Services for accounts with overdue payments.

4. Client Responsibilities

To provide accurate estimates and takeoffs, we rely on the information you provide. You agree to:

• Provide complete, legible, and accurate plans, drawings, and specifications
• Respond to reasonable requests for clarification in a timely manner
• Use estimates and takeoffs for their intended bidding and planning purposes

5. Accuracy of Estimates

Estimates and takeoffs are prepared for bidding and planning purposes based on the information provided by the client. While we use commercially reasonable efforts to ensure accuracy, estimates do not constitute a guarantee of final project cost. BidAccurate is not responsible for inaccuracies resulting from incomplete, outdated, or incorrect information provided by the client. Final bid decisions and submissions remain the sole responsibility of the client.

6. Intellectual Property

Deliverables

Upon full payment, you receive a license to use the estimates, takeoffs, and related deliverables we prepare for your business purposes.

Our Materials

The Site, including its content, design, and any proprietary tools or templates, remains the property of BidAccurate and may not be copied, reproduced, or distributed without our written consent.

7. Confidentiality

We treat client project information, drawings, and business information as confidential, and will not disclose it to third parties without consent, except as necessary to perform the Services or as required by law.

8. SMS and Electronic Communications

By providing your phone number or email address, you consent to receive communications from us related to your projects, appointments, invoices, and account, including by SMS text message and email, subject to our Privacy Policy. You may opt out of SMS messages at any time by replying “STOP,” and may unsubscribe from marketing emails using the link provided in those emails.

9.Cancellation & Termination

• Monthly deployment packages may be cancelled by either party with written notice as specified in your applicable agreement.
• We reserve the right to suspend or terminate access to our Services for violation of these Terms, non-payment, or other reasonable business cause.

10. Disclaimers

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BIDACCURATE'S TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE MONTH SUCH CLAIM AROSE. IN NO EVENT SHALL BIDACCURATE BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

12. Indemnification

You agree to indemnify and hold BidAccurate harmless from any claims, damages, or expenses arising from your misuse of the Services, violation of these Terms, or violation of any third-party rights.

13. Governing Law

These Terms shall be governed by the laws of the State of Texas, without regard to its conflict of law principles, unless otherwise specified in a signed agreement between the parties.

14. Dispute Resolution

Any disputes arising from these Terms or the Services shall first be attempted to be resolved informally. If unresolved, disputes shall be subject to the exclusive jurisdiction of the courts located in the State of Texas, unless otherwise agreed in writing.

15. Changes to These Terms

We may update these Terms from time to time. Continued use of the Site or Services after changes constitutes acceptance of the updated Terms.

This document is provided as a business template and does not constitute legal advice. BidAccurate is encouraged to have this document reviewed by independent legal counsel before publishing it, to confirm it reflects actual business practices and complies with applicable law in every jurisdiction served.

16. Contact Us

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