Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Biddesk website, web application, and related services (collectively, the "Service") provided by Biddesk ("we," "our," or "us").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

To use the Service, you must:

• Be at least 18 years of age.
• Have the legal authority to enter into these Terms on behalf of yourself or the business entity you represent.
• Provide accurate and complete registration information.

By using the Service, you represent and warrant that you meet these requirements.

2. Account Registration

When you create an account, you agree to:

• Provide accurate, current, and complete information during registration.
• 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.

We reserve the right to suspend or terminate accounts that contain false or misleading information.

3. Use of the Service

3.1 Permitted Use

The Service is provided for lawful business management purposes. You may use the Service to manage customers, create quotes, schedule jobs, send invoices, process payments, communicate with your team, and perform other business operations as intended by the platform.

3.2 Prohibited Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws or regulations.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems.
• Interfere with or disrupt the Service, servers, or networks connected to the Service.
• Reverse engineer, decompile, or disassemble any part of the Service.
• Use the Service to send spam, unsolicited communications, or harassing messages.
• Upload malicious code, viruses, or any harmful content.
• Scrape, crawl, or use automated means to access the Service without our written consent.
• Resell, sublicense, or redistribute the Service without our written authorization.
• Use the Service to store or transmit content that infringes on intellectual property rights.

4. Subscription and Payments

4.1 Plans and Pricing

The Service is offered on a subscription basis. Current pricing and plan details are available on our Pricing page. We reserve the right to modify pricing with 30 days' advance notice.

4.2 Free Trial

We may offer a free trial period. At the end of the trial, your account will require a paid subscription to continue using the Service. We will not charge you without your explicit consent.

4.3 Billing

• Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan.
• All fees are non-refundable except as expressly stated in these Terms or required by law.
• You authorize us to charge your payment method on file for all applicable fees.
• If payment fails, we may suspend access to the Service until payment is received.

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your subscription will remain active until the end of the current billing period.
• You will retain access to the Service until the end of the paid period.
• Your data will be available for export for 30 days after the subscription ends.
• After 30 days, your data may be permanently deleted.

5. Customer Payment Processing

The Service allows you to accept payments from your customers through integrated payment processing powered by Stripe.

• Payment processing is subject to Stripe's Terms of Service and Privacy Policy.
• A platform processing fee applies to each transaction as described on our Pricing page.
• We are not responsible for payment disputes between you and your customers. You are responsible for managing refunds and chargebacks.
• Funds are deposited to your connected Stripe account according to Stripe's payout schedule.

6. Your Data

6.1 Ownership

You retain full ownership of all data you enter into the Service, including customer records, quotes, invoices, job details, notes, photos, and any other business data ("Your Data"). We do not claim any ownership rights over Your Data.

6.2 License

You grant us a limited, non-exclusive license to use, store, process, and display Your Data solely for the purpose of providing and improving the Service. This license terminates when you delete Your Data or close your account.

6.3 Data Portability

You may export Your Data at any time through the Service's export features or by contacting us at support@biddesk.co.

6.4 Data Protection

We handle Your Data in accordance with our Privacy Policy. We implement industry-standard security measures to protect Your Data, including encryption, access controls, and regular security audits.

7. Intellectual Property

7.1 Our Property

The Service, including its design, code, features, documentation, logos, and trademarks, is owned by Biddesk and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service as described herein.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use, modify, and incorporate that feedback into the Service without obligation to you.

8. Third-Party Services

The Service integrates with third-party services including but not limited to Stripe (payments), Telnyx (SMS), Resend (email), and Google Maps (mapping). Your use of these integrations is subject to the respective third-party terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

9. Service Availability

• We strive to maintain 99.9% uptime but do not guarantee uninterrupted access to the Service.
• We may perform scheduled maintenance with advance notice when possible.
• We are not liable for any downtime, data loss, or service interruptions caused by factors beyond our reasonable control, including internet outages, third-party service failures, or force majeure events.

10. Disclaimer of Warranties

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 meet all of your requirements.
• The Service will be uninterrupted, timely, secure, or error-free.
• The results obtained from the Service will be accurate or reliable.
• Any errors in the Service will be corrected.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDDESK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Biddesk, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Any content or data you submit through the Service.
• Any dispute between you and your customers.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, including but not limited to:

• Violation of these Terms.
• Non-payment of subscription fees.
• Fraudulent or illegal activity.
• Conduct that harms other users or the integrity of the Service.

Upon termination, your right to use the Service ceases immediately. We will make Your Data available for export for 30 days following termination, after which it may be permanently deleted.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@biddesk.co and attempt to resolve the dispute informally for at least 30 days.

14.3 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Texas. Each party shall bear its own costs.

14.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. For significant changes, we will also send an email notification.

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Biddesk regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
• Assignment: You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
• Force Majeure: We are not liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, pandemics, or government actions.

17. Contact Us

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