1. Acceptance of Terms
These Terms of Service (“Terms”) govern access to and use of BidBreak, including its websites, applications, AI-assisted construction estimating tools, preconstruction workflows, document services, and related features (collectively, the “Services”). By creating an account, clicking an acceptance control, purchasing a subscription or credits, or using the Services, you agree to these Terms and the Privacy Policy. If you use BidBreak for a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.
2. Eligibility
You must be at least 18 years old and legally capable of entering a binding contract. You may use the Services only in compliance with applicable law and professional, licensing, procurement, and bidding requirements. The Services are intended for business and professional construction workflows and are not directed to children.
3. Account Registration and Security
You must provide accurate, current account and company information, maintain the confidentiality of credentials, and promptly notify BidBreak of suspected unauthorized access. You are responsible for activity under your account and for establishing appropriate permissions for employees, estimators, consultants, and other authorized users. Accounts may not be shared outside your authorized organization or used to evade plan, seat, or credit limits.
4. User Responsibilities
You are solely responsible for the drawings, specifications, images, spreadsheets, RFIs, assumptions, quantities, labor rates, material prices, markups, exclusions, clarifications, proposals, and other information you upload, enter, generate, approve, export, or submit. You must confirm that you possess all rights and permissions needed to process that material. You must maintain independent records and backups appropriate to your business and must review outputs before relying on them.
5. Acceptable Use
You may not use the Services to violate law or third-party rights; upload malware or unlawfully obtained confidential material; probe, disrupt, overload, reverse engineer, scrape, or circumvent security or usage controls; impersonate another person; transmit deceptive bids or fraudulent payment information; train a competing model or product from the Services except with written permission; or use automated means beyond documented interfaces. BidBreak may investigate suspected misuse and preserve or disclose information when reasonably necessary to protect users, the Services, or legal rights.
6. Ownership of User Content
As between you and BidBreak, you retain ownership of content you upload or create, including construction drawings, specifications, images, project information, RFIs, estimate data, company branding, and proposals (“User Content”). You represent that User Content and your instructions do not infringe intellectual property, confidentiality, privacy, contractual, or other rights.
7. Limited License to BidBreak
You grant BidBreak and its service providers a nonexclusive, worldwide, limited license to host, copy, transmit, format, analyze, create technical derivatives of, and otherwise process User Content solely to operate, secure, support, maintain, and improve the Services; fulfill your instructions; and comply with law. This license lasts only as long as reasonably required for those purposes, subject to backups and legal retention obligations. BidBreak does not acquire ownership of User Content.
8. BidBreak Intellectual Property
BidBreak and its licensors own the Services, software, workflows, interfaces, models, prompts, designs, trademarks, documentation, and all related intellectual property, excluding User Content. These Terms grant only a limited, revocable, nontransferable right to use the Services during an active authorized account. Feedback may be used without restriction or compensation, provided it does not identify you or disclose your confidential User Content.
9. AI-Generated Content Disclaimer
The Services use artificial intelligence and automated methods to assist with extraction, classification, scope review, estimate generation, material and labor breakdowns, RFIs, clarifications, exclusions, and proposal preparation. AI output may be incomplete, inaccurate, inconsistent, outdated, duplicated, omitted, or unsuitable for a particular project. Similar inputs may produce different outputs, and regeneration does not guarantee improvement. AI output is a drafting aid and must not replace professional judgment.
10. Estimates Are for Informational Purposes
Every estimate, quantity, price, labor hour, scope item, allowance, schedule assumption, risk flag, and proposal generated through BidBreak is informational and preliminary. BidBreak does not guarantee that an estimate reflects actual plans, field conditions, supplier availability, subcontractor pricing, wages, taxes, tariffs, freight, waste, escalation, code requirements, schedule impacts, or final project cost. Outputs are not bids submitted by BidBreak and do not constitute a promise of project performance or profitability.
11. Mandatory User Verification and Approval
YOU REMAIN SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, CORRECTING, APPROVING, AND SUBMITTING ALL ESTIMATES, QUANTITIES, PRICING, SCOPE, RFIS, CLARIFICATIONS, EXCLUSIONS, AND PROPOSALS. Before any commercial use or submission, you must compare outputs against complete current contract documents, addenda, specifications, applicable codes, site conditions, vendor and subcontractor quotations, labor requirements, and your own estimating standards. An export, email, signature, status change, or proposal submission initiated through your account is your action and approval, not BidBreak’s.
12. No Professional Engineering or Construction Services
BidBreak is a software provider and does not provide architectural, engineering, surveying, legal, accounting, safety, code-compliance, contracting, quantity-surveying, or other licensed professional services. No output is a sealed design, professional opinion, certification, takeoff guarantee, or substitute for review by qualified professionals. You are responsible for retaining licensed professionals where required.
13. No Warranty of Completeness or Accuracy
BidBreak does not warrant that uploaded documents will be fully readable, that every sheet or specification will be analyzed, or that outputs will be complete, accurate, current, coordinated, or error-free. Optical character recognition, image analysis, file conversion, model inference, third-party data, and user inputs can fail or introduce errors. You must not rely on the Services as the sole basis for a bidding, procurement, staffing, scheduling, contracting, or construction decision.
14. Pricing Disclaimer
Material, labor, equipment, subcontractor, overhead, markup, tax, and other pricing may be inferred, historical, user-supplied, or based on incomplete context and may vary materially by location, date, availability, quantity, vendor, union status, contract terms, and market conditions. BidBreak does not provide live quotations unless expressly identified. You must obtain and validate current pricing and decide all contingencies, escalation, margins, and commercial terms.
15. Third-Party Services and Integrations
The Services may interoperate with Stripe, email providers, cloud storage, calendar tools, file conversion services, mapping services, and other third parties. Their separate terms and privacy practices apply. BidBreak is not responsible for third-party availability, security, changes, errors, fees, or acts. You authorize the transfers reasonably required to use an integration and are responsible for your third-party accounts and permissions.
16. Subscription Billing
Paid subscriptions renew automatically at the interval and price displayed at checkout until canceled. You authorize BidBreak and Stripe to charge applicable subscription fees, taxes, credit purchases, and other disclosed amounts to your payment method. You must maintain valid billing information. Plan features, limits, seats, and pricing may change prospectively with notice where required. Cancellation stops future renewal but does not erase accrued charges or ordinarily create a refund.
17. Trial Period
A trial may be limited to one per person or company and may require eligibility verification. Trial length, included features, and credit allowances are shown at enrollment. Unless canceled before the disclosed conversion date, a trial associated with a paid plan may convert to a paid subscription. BidBreak may modify or end a trial offer, reject duplicate or abusive trial accounts, or require payment before continued use.
18. Bid Credits System
Certain estimate generations, regenerations, trade analyses, or other actions consume Bid Credits at the amount shown before confirmation. Credits may be included with a plan, purchased separately, promotional, or granted as a no-charge retry. Unless expressly stated, credits have no cash value, are nontransferable, are not currency, and may expire or reset with a billing period. A credit charge is generally applied only after the identified generation completes successfully. The confirmation screen controls if it conflicts with an earlier estimate of credit cost.
19. Refund Policy
Subscription fees, purchased Bid Credits, and other charges are reviewed for refunds on a case-by-case basis and no refund is guaranteed, except where required by applicable law. To request review, contact BidBreak promptly through the website contact form with the account, transaction, date, and reason. Used credits, completed generations, partially used billing periods, failure to cancel before renewal, or dissatisfaction with an estimate generally do not establish entitlement to a refund. Stripe processing and bank timing may affect approved refunds.
20. Suspension and Termination
You may stop using the Services and cancel renewal through available account or billing controls. BidBreak may suspend or terminate access for nonpayment, security risk, unlawful or abusive conduct, material breach, or where continued service creates legal or operational risk. Where practical, BidBreak will provide notice and an opportunity to export available User Content. Upon termination, payment obligations and provisions that by nature should survive remain effective.
21. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIDBREAK AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, SAVINGS, DATA, BUSINESS, GOODWILL, OR OPPORTUNITY; COST OF SUBSTITUTE SERVICES; OR LOSSES ARISING FROM BID PRICING, QUANTITY ERRORS, OMITTED SCOPE, FAILED BIDS, UNDERBIDS, OVERBIDS, PROJECT AWARDS OR LOSSES, CHANGE ORDERS, PROCUREMENT, SCHEDULE, FIELD CONDITIONS, CONTRACTS, OR CONSTRUCTION DECISIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGGREGATE LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID BIDBREAK FOR THE SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not permit certain limitations, so they apply only to the extent lawful.
22. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless BidBreak and its affiliates, officers, employees, contractors, and service providers from claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable legal fees arising from your User Content; use or misuse of the Services; violation of these Terms or law; infringement of third-party rights; or your estimates, bids, proposals, contracts, procurement, staffing, scheduling, or construction decisions. BidBreak may control the defense of a covered claim, and you may not settle a claim imposing liability or admissions on BidBreak without written consent.
23. Confidentiality
Each party may receive nonpublic business, technical, pricing, project, or security information from the other. The receiving party will use reasonable care, use such information only for the relationship, and disclose it only to personnel and providers who need it and are bound by appropriate obligations. These duties do not cover information that is public without breach, independently developed, rightfully received without restriction, or required to be disclosed by law. User Content is also handled as described in the Privacy Policy.
24. Governing Law and Court Proceedings
These Terms are governed by the laws of the jurisdiction in which BidBreak maintains its principal place of business, without regard to conflict-of-law principles. Any dispute not resolved informally must be brought exclusively in the state or federal courts serving that location, and each party consents to personal jurisdiction and venue there. Before filing, the claimant must provide written notice through the BidBreak contact channel and allow at least 30 days for good-faith resolution. Nothing prevents either party from seeking urgent injunctive relief for security, confidentiality, or intellectual-property harm.
25. Changes to Terms
BidBreak may update these Terms to reflect product, legal, security, or business changes. The current version, effective date, and last-updated date appear on this page. Material changes will be communicated through the Services, email, or another reasonable channel and may require renewed acceptance. Continued use after an effective change constitutes acceptance where permitted by law.
26. Contact Information
Questions, legal notices, and refund requests may be submitted through the contact form on the BidBreak website. Include your name, company, account email, and enough detail to route the request. Formal notices to BidBreak are effective when received and acknowledged through that channel. Account and company contact details should be kept current so BidBreak can provide notices.
