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Terms of Service

Last Updated: January 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BidHero, LLC ("BidHero," "we," "our," or "us") regarding your access to and use of the BidHero software platform, including our mobile-first web application and related services (collectively, the "Service").

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

2. Eligibility

You must meet the following requirements to use our Service:

  • Be at least 18 years old
  • Have the legal capacity to enter into a binding contract
  • Not be prohibited from using the Service under applicable laws
  • Provide accurate and complete registration information
  • Maintain the security of your account credentials

By registering for BidHero, you represent and warrant that you meet all eligibility requirements. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Account Registration and Security

3.1 Account Creation

To use certain features of our Service, you must create an account. When creating your account, you agree to:

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

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. We strongly recommend enabling two-factor authentication for enhanced security. You agree to notify us immediately of any breach of security or unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violating these Terms or for any other reason at our sole discretion. You may terminate your account at any time by contacting us at support@bidhero.pro.

4. Subscription and Payment Terms

4.1 Free Trial

We may offer a free trial period for new users. During the trial period, you have access to the full features of the Service. Your trial will automatically convert to a paid subscription unless you cancel before the trial period ends.

4.2 Subscription Plans

BidHero offers monthly and annual subscription plans. Pricing and plan details are available on our website and subject to change with 30 days' notice to existing subscribers.

4.3 Billing

  • Subscriptions are billed in advance on a monthly or annual basis
  • Payment is due on the date you purchase your subscription and on each renewal date thereafter
  • You authorize us to charge your payment method automatically for each billing cycle
  • If automatic billing fails, we will attempt to notify you and collect payment manually
  • Failure to pay may result in suspension or termination of your account

4.4 Refund Policy

We offer a 30-day money-back guarantee for first-time subscribers. If you are not satisfied with our Service within the first 30 days of your paid subscription, contact us at billing@bidhero.pro for a full refund. Refunds after 30 days are at our sole discretion.

4.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellations take effect at the end of your current billing period. You will continue to have access to the Service until the end of your paid period. We do not provide refunds or credits for partial months or years.

5. Use of the Service

5.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your business purposes.

5.2 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Service for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to any part of the Service
  • Interfere with or disrupt the Service or servers
  • Upload viruses, malware, or any malicious code
  • Reverse engineer, decompile, or disassemble the Service
  • Use automated systems (bots, scrapers) without our written permission
  • Resell, sublicense, or redistribute the Service
  • Remove or alter any proprietary notices or labels
  • Use the Service to compete with BidHero

5.3 Customer Data and Portal

When you use our customer portal feature to share bids with your customers, you are responsible for:

  • Obtaining necessary consent from your customers to share their information
  • Ensuring the accuracy of bid information sent to customers
  • Complying with applicable privacy and data protection laws
  • Using the portal only for legitimate business communications

6. User Content and Data

6.1 Your Content

You retain all ownership rights to the content you upload, create, or store in the Service ("User Content"), including bids, projects, customer information, photos, documents, and other materials.

6.2 License to BidHero

By using the Service, you grant BidHero a worldwide, non-exclusive, royalty-free license to use, store, reproduce, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your content or close your account.

6.3 Content Responsibility

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

  • You own or have the necessary rights to your User Content
  • Your User Content does not violate any laws or third-party rights
  • Your User Content does not contain viruses or malicious code
  • You have obtained all necessary consents and permissions for customer data

6.4 Data Backup

While we perform regular backups, you are responsible for maintaining your own backup copies of your User Content. We are not responsible for any loss or corruption of your data.

7. Intellectual Property Rights

7.1 BidHero Property

The Service and its entire contents, features, and functionality (including but not limited to software, design, text, graphics, logos, and trademarks) are owned by BidHero, LLC and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

7.2 Trademarks

"BidHero" and our logo are trademarks of BidHero, LLC. You may not use our trademarks without our prior written permission.

7.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation to you.

8. Third-Party Services and Integrations

Our Service integrates with third-party services, including The Home Depot API, Lowe's API, and payment processors. Your use of these third-party services is subject to their respective terms and conditions and privacy policies.

We are not responsible for the availability, accuracy, or functionality of third-party services. We do not endorse or assume any responsibility for third-party content or services.

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

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

We do not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • Defects will be corrected
  • The Service is free of viruses or harmful components
  • Results obtained from the Service will be accurate or reliable
  • Third-party integrations will function without interruption

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDHERO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

9.3 Accuracy of Pricing Data

While we strive to provide accurate real-time pricing from third-party sources, we do not guarantee the accuracy, completeness, or timeliness of pricing information. You are responsible for verifying all pricing data before submitting bids to your customers.

10. Indemnification

You agree to indemnify, defend, and hold harmless BidHero, LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of:

  • Your use of the Service
  • Your User Content
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of applicable laws or regulations

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@bidhero.pro to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith.

11.2 Binding Arbitration

If we cannot resolve a dispute informally, any claim or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration will be conducted in [Your State], and judgment on the arbitration award may be entered in any court having jurisdiction.

11.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND BIDHERO INDIVIDUALLY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete your account and User Content within 90 days
  • You remain liable for all amounts due up to the termination date
  • Provisions that by their nature should survive termination shall survive

You may export your data before termination. After account deletion, we cannot recover your data.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the revised Terms on our website
  • Updating the "Last Updated" date at the top of this page
  • Sending an email notification to your registered email address
  • Displaying an in-app notification

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

14. General Provisions

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles.

14.2 Entire Agreement

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

14.3 Severability

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

14.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

14.5 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

14.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

15. Contact Information

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

BidHero, LLC

Email: legal@bidhero.pro

Support: support@bidhero.pro

Website: BidHero.pro

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