TERMS OF SERVICE
Last updated October 1, 2026
AGREEMENT TO OUR LEGAL TERMS
We are BIDTRANSPARENCY LLC (“BidTransparency”, "Company," "we," "us," "our"), a company registered in the State of Connecticut.
We operate the website app.bidtransparency.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
BidTransparency is a cloud-based bid management platform for construction subcontractors. Users forward Invitation to Bid (ITB) emails to the platform, which automatically extracts bid details using AI and organizes them into a trackable dashboard. The platform sends automated follow-up emails and reminders, including project name, client or general contractor, contact information, due date, scope, and related bid information, and organizes them into a trackable bid board with dashboard, calendar, and table views. The platform provides status check-ins, win/loss tracking, configurable follow-up schedules, Relationship Mode reminders for user-managed follow-up, Autopilot follow-up emails sent to client contacts on the user’s behalf with the user copied, customer-directed bid decision notifications, integrations with customer-authorized systems, calendar feeds, and aggregated, de-identified, benchmark, analytics, market-statistics, or public procurement information, to help users manage bid deadlines, bid status, follow-up, and responses. Access requires a paid monthly subscription.
You can contact us by email at support@bidtransparency.com or by mail to 55 N. Main Street, Middletown, CT 06457, United States.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and BIDTRANSPARENCY LLC, concerning your access to and use of the Services, including access or use through a signed link, email link, confirmation page, or other non-account workflow. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by notifications@bidtransparency.com, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
2. INTELLECTUAL PROPERTY RIGHTS
8. USER GENERATED CONTRIBUTIONS
13. MODIFICATIONS AND INTERRUPTIONS
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
22. ACKNOWLEDGEMENT OF AI LIMITATIONS
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, trade names, service marks, and logos contained therein (the "Marks"). Users acknowledge and agree that the Site, the Marks, trade secret rights, design rights, and other property rights in the Site shall at all times remain our sole property. Users shall not acquire any right, title or interest in or to the Site, the information, or the Content, by reason of these Legal Terms, except for the limited, non-exclusive, non-transferable license to use the Site in accordance with these Legal Terms.
Your Marks. The Content and Marks do not include, and we claim no ownership of, any logo, trademark, trade name, service mark, or other brand asset that you or your authorized users upload, configure, or otherwise make available through the Services. Those remain your property or the property of their respective owners, and nothing in this Section transfers or grants us any right in them other than the license you grant in Section 9.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access,
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@bidtransparency.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
Copyright Infringement and DMCA Policy.
If you believe that any Content or information located on our Site or linked to a third-party website by us violates your copyright, please notify us in accordance with Our Digital Millennium Copyright Act Policy.
a. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requests the same of users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a user’s access to and use of our Site if the user is considered by us a repeat infringer of the copyrights or other intellectual property rights of BidTransparency or others. We may terminate access of users who we believe repeatedly provide or post protected third-party content without appropriate rights and permissions.
b. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through our Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to The Company’s designated copyright agent: Attention: support@bidtransparency.com.
c. Response To DMCA Take-Down Notices. If we take action in response to an infringement notice, we will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as https://lumendatabase.org/.
d. Counter-Notices. If you believe that your content or information that has been removed from our Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted, You may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.
e. Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content will be reinstated on our Site in ten (10) to fourteen (14) business days after receipt of the counter-notice.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, including any bid, project, status, outcome, or contact information entered, uploaded, forwarded, or confirmed by you, we have the right to suspend or terminate your account, suspend access to aggregated or benchmark features, and refuse any and all current or future use of the Services (or any portion thereof). Knowingly entering, uploading, forwarding, confirming, or maintaining false bid information is a breach of these Legal Terms.
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your passwords, sign-in links, session tokens, calendar feed links, or other credentials confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all subscription fees and other charges at the prices then in effect for your selected Services, and you authorize us to charge your chosen payment provider for any such amounts when due. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse, suspend, or cancel any subscription or transaction placed through the Services. We may, in our sole discretion, limit or cancel subscriptions or access purchased by or under the same customer account, the same payment method, and/or accounts that use the same billing address. We reserve the right to limit or prohibit subscriptions or transactions that, in our sole judgment, appear to be unauthorized, fraudulent, abusive, or inconsistent with these Legal Terms.
6. SUBSCRIPTIONS
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.
Free Trial
We offer a 30-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at support@bidtransparency.com.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Services.
- Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Sell or otherwise transfer your profile.
- Forward emails, ITBs, attachments, contact information, or other bid materials to the platform that you are not authorized to receive, use, process, or distribute
- Use the platform to exceed your plan's user limit by creating multiple accounts
- Use Autopilot, reminders, status check-ins, or any follow-up functionality to send or facilitate unauthorized, unlawful, deceptive, harassing, or unsolicited communications, or to contact any person for whom you lack the right or authorization to provide contact information or initiate follow-up communications
- Attempt to identify, re-identify, contact, target, or derive confidential information about any other customer, bidder, participant, or third party from aggregated, de-identified, benchmark, market, or analytics output
8. USER GENERATED CONTRIBUTIONS
The Services allow users to forward, upload, submit, create, edit, and store bid-related content and materials to us or on the Services, including ITB emails, attachments, project details, client or general contractor contact information, bid due dates, statuses, notes, follow-up preferences, links, URLs, images, logos and other brand or identifying materials you upload or configure through your account settings, and related text, writings, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may include information about, or communications directed to, any person you direct the Services to contact or process, including your staff, clients, vendors, suppliers, subcontractors at any tier, general contractors, and other bid participants. Contributions are used to provide the Services, including AI extraction, bid board organization, reminders, status check-ins, Autopilot follow-up emails, customer-directed notifications, and win/loss tracking, and are not intended to be publicly viewable by other users of the Services except as enabled by your account settings or authorized use. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- For any logo, trademark, trade name, service mark, or other brand asset you upload or configure through the Services, you own the mark or hold all rights, licenses, consents, and permissions necessary to grant the license in Section 9 and to authorize us to store, reproduce, display, and transmit it as described in these Legal Terms, and its use in that manner will not infringe or violate the rights of any third party.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation, and, for any link or URL you provide or direct us to send, you have the right to share the link and the material available at that address. You acknowledge that we do not host, access, review, control, or revoke access to materials available through links or URLs you provide, and that links sent by email may be forwarded or otherwise accessed by others.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
9. CONTRIBUTION LICENSE
You agree that we may access, store, process, analyze, transmit, and use any information and personal data that you provide, forward, upload, or generate through the Services and your choices (including settings), including to extract bid details, maintain bid board, calendar, and table views, send reminders and status check-ins, send Autopilot follow-up emails on your behalf with you copied, manage configurable follow-up schedules, notify customer-directed recipients of bid decisions or other bid-related information, support integrations and calendar feeds enabled by you, and track bid outcomes. You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, aggregate, de-identify, analyze, create derivative works from, and otherwise process Contributions and usage data to provide, maintain, secure, improve, and develop the Services, including to create, publish, display, and commercialize aggregated, de-identified benchmarks, analytics, market statistics, performance indicators, and similar insights, provided that such outputs do not identify you as the source. Aggregated or de-identified results, benchmarks, analytics, and statistics already created may be retained and used after cancellation, termination, or deletion of your account or Contributions. Certain features may allow a customer, general contractor, or other person acting through a signed link or other customer-directed workflow to update bid status or outcome information, confirm a bid decision, and send or request the sending of notices to other subcontractors or bid participants on the customer’s or general contractor’s behalf. You are responsible for ensuring that the Services are used only with proper authority, that recipient email addresses and message content are accurate and lawful, and that you have all rights and permissions necessary for us to send, store, and process those notices, recipient lists, messages, sender details, and related records. If you enable an integration, connector, data import, data export, or similar connection between the Services and your enterprise systems or third-party services, you represent that you have the authority to provide or authorize the relevant credentials, access, and data transfers. Such customer-directed systems are not our vendors or subprocessors merely because the Services connect to them at your direction; their handling of data is governed by your agreement with that provider, and we are not responsible for their acts, omissions, security, availability, or use of data. If you enable a calendar feed or similar link-based sharing feature, you acknowledge that anyone with the applicable URL or token may be able to access the bid information made available through that feed, including project names, general contractors, and due dates, without logging in. You are responsible for controlling, sharing, safeguarding, disabling, or regenerating that URL or token and for any access obtained through it.
Your Logo and Brand Assets. The Services allow an authorized administrator of your account to upload a company logo or similar brand asset for use in communications the Services send on your behalf. You grant us a limited, non-exclusive, non-transferable, royalty-free, revocable license to store, reproduce, display, and transmit that logo or brand asset solely to provide the Services, by including it in Autopilot follow-up emails and other communications the Services send to recipients you or your authorized users direct, in previews and test messages you request, and within your account. We will not use your logo or brand assets for our own advertising, marketing, website, customer or reference lists, or any other purpose without your separate prior written permission. You may remove the logo at any time through your account settings, and we will stop including it in communications sent after removal; you acknowledge that communications already sent cannot be recalled or altered. This license ends when you remove the logo or on termination of your account, except that we may retain copies within records of communications already sent and in routine backups for the periods described in our Privacy Policy.
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
10. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, suspend access to aggregated, de-identified, benchmark, analytics, or market-statistics features, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, including if we believe you submitted false data or misused such features; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
11. PRIVACY POLICY
We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. The Services process information you provide, forward, upload, or generate through the Services, including ITB emails, attachments, project information, client or general contractor contact information, bid due dates, statuses, follow-up settings, communications, and win/loss outcomes, to provide and improve the Services. If we determine that a security incident requires notice under applicable law, including Connecticut data breach notification law where applicable, we will provide legally required notices in the manner and within the time required by such law. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
12. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
13. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We may add, replace, remove, or change third-party vendors, service providers, infrastructure providers, subprocessors, tools, and technologies used to provide the Services from time to time without notice to you or your prior approval, subject to our Privacy Policy and applicable law. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, vendor change, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
14. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Connecticut applicable to agreements made and to be entirely performed within the State of Connecticut, without regard to its conflict of law principles.
15. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Fairfield, Connecticut. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Fairfield, Connecticut, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
16. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
17. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
19. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, managers. members, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Services with whom you connected via the Services; (6) any Contributions, links, URLs, recipient lists, message content, bid status, bid outcome, or other information you provide, confirm, or direct us to send or process; or (7) any customer-directed integration, connector, data transfer, calendar feed, signed-link workflow, or notification to recipients you or your authorized users direct the Services to contact. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
20. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services, including forwarded ITB emails, extracted bid details, client or general contractor contact information, bid board records, calendar and table views, statuses, follow-up settings, reminders, Autopilot communications, and win/loss outcomes. Upon cancellation or termination of your account, you may request retrieval of up to two (2) years of your bid history then reasonably available in the Services, subject to our then-current export functionality, security procedures, and legal obligations. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services, including reviewing extracted bid details, maintaining current contact information, and confirming bid status and outcome information. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, completing online forms, forwarding ITB emails to the Services, receiving reminders or status check-ins, and using Autopilot or other follow-up functionality constitute electronic communications. You consent to receive electronic communications, and you authorize us to send electronic communications through the Services, including Autopilot follow-up emails to client or general contractor contacts on your behalf with you copied, according to your account settings and follow-up schedules. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
22. ACKNOWLEDGEMENT OF AI LIMITATIONS
You understand and acknowledge that Artificial Intelligence (“AI”), while powerful, is a rapidly evolving technology and has inherent limitations. AI outputs may contain errors, inaccuracies, biases, or may not always be complete, current, or suitable for a particular purpose. The AI is a tool to assist, and its outputs should not be considered definitive, professional advice, or a substitute for independent human judgment, verification, or review.
We either currently or may in the future utilize AI agents and automated bots behind the scenes to manage data, optimize routing, and assist with Site operations. Users agree and accept that there may occasionally be operational glitches, data processing errors, or scheduling inaccuracies caused by these automated backend systems. Users agree that while these tools optimize our operations, Users accept and agree that they are ultimately responsible for verifying their details and data provided.
AI-Powered Bid Processing, Email, And Follow-Up Functionality:
The Service uses third-party artificial intelligence technology and related automation to process emails and materials forwarded to the platform; extract and organize project names, clients or general contractors, contact information, due dates, scopes, statuses, and related bid details; display bid information in dashboard, bid board, calendar, and table views; provide status check-ins and Relationship Mode reminders; send Autopilot follow-up emails to client or general contractor contacts on your behalf with you copied; manage configurable follow-up schedules; and support win/loss tracking. While we strive for accuracy and reliable operation, AI-generated data extractions, reminders, check-ins, schedules, communications, statuses, and outcome tracking may contain errors, omissions, delays, or incomplete information. Users are responsible for reviewing and verifying the accuracy, legality, authorization, timing, recipients, and content of extracted bid details, contact information, follow-up settings, automated communications, bid statuses, and win/loss outcomes. We are not liable for any losses resulting from inaccurate data extraction, missed or delayed reminders or follow-ups, misdirected or unauthorized communications, incorrect bid status or outcome information, or your failure to review, verify, or update information in the Services.
User Responsibility for AI Outputs:
Users agree that they are solely responsible for reviewing, verifying, validating, and ensuring the accuracy, appropriateness, and legality of any data, insights, suggestions, content, or other information they input into our Site and platform or that is generated by or through the AI features of our Site or platform before relying upon them. Users assume all risks associated with the use of AI.
Hold Harmless and Indemnification:
Users agree to release, indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, demands, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees and costs of litigation) arising out of or in connection with:
- The user's use of, access to, or reliance on the Site and the platform and the AI features embedded in them.
- Any actions taken or not taken by the user based on the outputs or suggestions of the AI used now or in the future.
- Any inaccuracies, errors, omissions, or biases in the AI's outputs, whether or not based on inaccuracies, typos, or misinformation.
- Any intellectual property infringement, defamation, privacy violations, or other legal claims arising from content or other information generated by our use of AI and subsequently used or disseminated by the user.
- Any violation of applicable laws or regulations by the user in their use of the AI or its results or suggestions.
- Any third-party claims directly or indirectly related to the user's use of the AI.
- The user’s violation of any terms or conditions of these Legal Terms.
23. MISCELLANEOUS
These Legal Terms, Privacy Policy, and any other policies, agreements, or operating rules in respect to the Services, that you electronically agree to, constitute the entire agreement and understanding between you and us regarding these terms. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
24. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
BIDTRANSPARENCY LLC
55 N. Main Street
Middletown, CT 06457
United States