Terms of Service

1. Acceptance of Terms

By accessing and using BidBrain (“the Service”), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

2. Description of Service

BidBrain provides AI-powered construction bid estimation services that analyze blueprints, specifications, and project documents to generate detailed cost estimates. The Service includes:

• Document upload and processing capabilities
• AI-powered analysis using Google Gemini technology
• Automated cost estimation and takeoff generation
• Export functionality for estimates in multiple formats
• Cloud storage of user data and bid history

3. User Accounts

To use the Service, you must create an account. You agree to:

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

You must be at least 18 years old to use this Service. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.

4. Subscription Plans and Payments

BidBrain offers three monthly subscription plans:

• Starter Plan: $100/month — 20 estimates per month, up to 25 pages and 50 MB per upload
• Pro Plan: $250/month — 100 estimates per month, up to 50 pages and 100 MB per upload
• Contractor Plan: $500/month — 200 estimates per month, up to 150 pages and 200 MB per upload

Payment terms:

• All fees are in USD and charged through Stripe
• Subscription plans renew automatically unless canceled
• Estimate credits reset each billing period and do not roll over
• Unused estimates have no cash value and expire at the end of each billing cycle
• No refunds for partial months or unused estimates (see Refund Policy)

5. Estimate Usage

Each estimate generation consumes one estimate credit from your monthly allocation. Estimate credits are non-transferable and have no cash value. We reserve the right to adjust estimate allocations at any time with notice.

6. AI-Generated Content Disclaimer

IMPORTANT: BidBrain uses artificial intelligence to generate estimates. While we strive for accuracy, AI-generated estimates are approximations and should not be considered final or definitive.

You acknowledge and agree that:

• All AI-generated estimates must be reviewed by qualified professionals
• Estimates are for informational purposes only and not professional advice
• We make no warranties regarding accuracy, completeness, or suitability
• You are solely responsible for verifying and adjusting estimates
• You assume all risk when using estimates in actual bids or projects

7. User Content and Data

You retain all rights to the documents and data you upload (“User Content”). By uploading User Content, you grant BidBrain a license to:

• Store and process your documents to provide the Service
• Use uploaded data to train and improve our AI models (anonymized)
• Create backups and copies for operational purposes

You represent and warrant that:

• You own or have necessary rights to all User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain confidential information you’re prohibited from sharing

8. Acceptable Use Policy

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to the Service or related systems
• Use automated tools to access the Service without permission
• Reverse engineer or attempt to extract source code
• Upload malicious code, viruses, or harmful content
• Resell, redistribute, or sublicense the Service
• Share your account credentials with others
• Circumvent any limitations on credits or usage

9. Intellectual Property

The Service, including all content, features, and functionality, is owned by BidBrain and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks may not be used without prior written consent.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDBRAIN 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.

This includes but is not limited to:

• Lost profits from inaccurate estimates
• Costs incurred from bid mistakes
• Damage to professional reputation
• Project delays or failures
• Service interruptions or data loss

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.

11. Warranties Disclaimer

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

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• Results from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your specific requirements

12. Indemnification

You agree to indemnify, defend, and hold harmless BidBrain and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• At your request

Upon termination:

• Your right to use the Service will immediately cease
• We may delete your account and data after 30 days
• You remain liable for all charges incurred before termination
• Provisions that should survive termination will continue to apply

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after changes constitutes acceptance of the new Terms.

15. Changes to Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the United States.

17. Dispute Resolution

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, along with our Privacy Policy and Refund Policy, constitute the entire agreement between you and BidBrain regarding the Service and supersede all prior agreements and understandings.

20. Contact Information

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

Email: legal@bidbrainapp.com
Support: bidbrainapp@gmail.com