Terms of Service

You must be at least 18 years old and authorized to bind the company you represent. Access to the Service may be limited, invite-gated, or waitlisted at our discretion, and we may grant, limit, suspend, or revoke access at any time. You are responsible for the accuracy of your account information, for keeping your credentials confidential, and for all activity under your account and workspace, including activity by members you invite. Notify us promptly at support@bidcertain.com of any unauthorized use.

The Service ingests project documents you provide and returns AI-generated analyses, preliminary designs, estimates, schedules, and related work product. AI output may be incomplete, inaccurate, or contain fabricated values (“hallucinations”), and cost estimates are frameworks for your own pricing — not bids, guarantees, or warranties of cost or quantity. You are solely responsible for independently verifying all output and for every bid, design, and construction decision you make. You agree that a qualified, licensed professional will review output before it is relied upon, and that BidCertain has no responsibility for decisions made on the basis of unreviewed output.

You will not represent BidCertain output to any third party — including a general contractor, owner, lender, or authority having jurisdiction — as a PE-stamped deliverable, as engineering services, or as the work of a licensed professional, and you will not attach BidCertain's name or marks to any stamped or submitted engineering deliverable without our prior written consent.

Paid plans are billed in advance on a recurring monthly basis through our payment processor, Stripe. Each plan includes a stated analysis allowance and seat count; overages and additional seats are billed as described on our pricing page. You are responsible for any applicable taxes.

Automatic renewal. By subscribing, you authorize a recurring charge that continues until you cancel: your subscription automatically renews for successive periods at the then-current price. You may cancel at any time from Settings → Billing, effective at the end of the current paid period; cancellation is effective immediately upon your action and does not require contacting us. Where required by law (including California's Automatic Renewal Law and similar state statutes), we will provide any additional renewal notices and cancellation methods your jurisdiction mandates.

Trials. Free trials, where offered, do not automatically charge you. A trial converts to a paid plan only if you add a payment method during the trial; if you do not, your access ends when the trial period expires.

Cancellation & refunds. You retain access through the end of the paid period. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial periods or unused analyses. We may change prices or plan limits on reasonable prior notice; changes apply at your next billing cycle.

You agree not to, and not to permit anyone to:

• upload content you lack the right to provide, or that infringes, misappropriates, or violates a third party's intellectual property, confidentiality, privacy, or contractual rights;
• reverse engineer, decompile, scrape, or attempt to extract the source code, models, or training data of the Service;
• resell, sublicense, or provide the Service to third parties as a bureau or competitive benchmarking service;
• probe, circumvent, or interfere with security, rate limits, tenant isolation, usage metering, or the spend cap;
• use the Service unlawfully, to build a competing product, or in a way that imposes an unreasonable load on our infrastructure.

As between you and us, you own the project documents, rate database, analyses, and other content you submit or generate (“Customer Content”), including AI output generated for you, subject to our rights in the Service under Section 6. You grant us a limited, non-exclusive license to host, process, and transmit Customer Content solely to operate and support the Service for you. We do not sell your data, and we do not use your Customer Content to train AI models. Our handling of personal data is described in our Privacy Policy. You are responsible for maintaining your own copies of anything you need to retain.

The Service, including its software, models, prompts, templates, user interface, and documentation, and all related intellectual property, are and remain the exclusive property of BidCertain and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, subject to these Terms. We welcome feedback and may use it without restriction or obligation to you.

The Service integrates third-party providers (for example Anthropic, OpenAI, Stripe, Supabase, Microsoft, Google, and Intuit) and may link to third-party sites. Your use of an integration may be subject to that provider's terms, and we are not responsible for third-party services, their availability, or their acts and omissions.

THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT OUTPUT IS ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR ENGINEERING, BIDDING, OR CONSTRUCTION USE. We do not warrant that the Service will be uninterrupted, secure, or error-free.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDCERTAIN AND ITS OWNERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST BIDS, COST OVERRUNS, CONSTRUCTION DEFECTS, REWORK, DELAY, OR LOSS OF DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE OR ANY OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). These limitations apply even if a limited remedy fails of its essential purpose. They limit BidCertain's liability only and do not limit your payment obligations under Section 3 or your indemnification obligations under Section 10. Because BidCertain output requires independent licensed-PE review (Section 2), you assume full responsibility for any reliance on output that has not been so reviewed. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You will defend, indemnify, and hold harmless BidCertain from and against any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer Content or your right to submit it; (b) your use of the Service or any output, including any bid, design, or construction decision; (c) your breach of these Terms or violation of law; and (d) your failure to obtain the licensed-professional review required by Section 2.

These Terms apply while you use the Service. You may stop using the Service and delete your account at any time. We may suspend or terminate access if you breach these Terms, fail to pay, or use the Service in a way that risks harm to us, other users, or third parties. On termination, your right to use the Service ends; the provisions that by their nature should survive — including Sections 5, 6, 8–10, 13, and 15, and any payment obligations accrued under Section 3 — survive. Account-data export and deletion are handled as described in our Privacy Policy.

The Service is offered as a private beta. Features may change, be added, or be removed, and the Service may contain bugs or incomplete functionality. We provide the beta to improve the product and may contact you for feedback.

We respect intellectual-property rights and respond to notices of alleged copyright infringement concerning content hosted through the Service. If you believe material you own has been uploaded to the Service without authorization, send a written notice to our designated agent at support@bidcertain.com (subject: “DMCA Notice”) including: your contact information; identification of the copyrighted work; identification of the allegedly infringing material and its location; a statement of good-faith belief that the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your physical or electronic signature. We may remove or disable access to the material, notify the user, and accept counter-notices as provided by the Digital Millennium Copyright Act (17 U.S.C. § 512). We terminate the accounts of repeat infringers in appropriate circumstances.

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and, where appropriate, notify you. Your continued use of the Service after changes take effect constitutes acceptance.

Please read this section carefully — it affects how disputes are resolved and limits your rights to litigate in court.

Informal resolution. Before starting a formal proceeding, you and BidCertain agree to try in good faith to resolve any dispute by contacting the other in writing and negotiating for at least 30 days.

Binding arbitration. Except for the carve-outs below, any dispute arising out of or relating to these Terms or the Service will be resolved by final, binding, individual arbitration administered by the American Arbitration Association (AAA) under its Commercial (or Consumer, if applicable) Arbitration Rules, before a single arbitrator, seated in Utah or conducted remotely. The arbitrator decides all issues, except that a court decides the enforceability of this arbitration provision. Judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. Disputes will be arbitrated only on an individual basis. You and BidCertain waive any right to bring or participate in a class, collective, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims.

Carve-outs. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information.

30-day opt-out. You may opt out of this arbitration agreement by emailing support@bidcertain.com with your account details within 30 days of first accepting these Terms; opting out does not affect any other part of these Terms.

These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws principles. For any dispute that is not subject to arbitration under Section 15 (or if the arbitration agreement is found unenforceable), the exclusive venue lies in the state and federal courts located in Utah, and you consent to their jurisdiction.

These Terms, together with the Privacy Policy and any plan terms, are the entire agreement between you and BidCertain regarding the Service. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control. Notices to you may be sent to the email address on your account; notices to us must be sent to support@bidcertain.com.

Questions about these Terms: support@bidcertain.com.