Terms of Service | Bidding Enterprise

Effective date: September 29, 2026 · Updated October 3, 2026 · Bidding Enterprise LLC · Kings Plaza, Brooklyn, NY 11234, United States

Please read these Terms carefully. They limit our liability, disclaim warranties, require you to review and verify all work before you use it, and include a jury-trial waiver and a class-action waiver. A plain-English summary of the key points is on our Estimating Services Disclaimer page; if the two differ, these Terms control.

1. Acceptance of these Terms

1.1 These Terms of Service and Service Terms (the "Terms") are a binding agreement between Bidding Enterprise LLC ("Company," "we," "us," or "our") and each person or entity that accesses the website at biddingenterprise.com (the "Site") or that requests, receives, or pays for any Services (the "Client," "you," or "your").

1.2 By using the Site, submitting a form, requesting an assessment, accepting a proposal, submitting documents to us, or receiving or using any Deliverable, you agree to these Terms. If you are accepting on behalf of a company or other entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Site or the Services.

2. Definitions

2.1 "Services" means the construction estimating and pre-construction support services we provide, including quantity takeoffs, cost estimates, labor-hour and unit-rate analysis, scope writing, scope and bid leveling, subcontractor and supplier outreach and coordination, RFI preparation, proposal preparation, bid follow-up, market or win/loss research, and any related support, whether performed by a dedicated team on a full-time, part-time, or as-needed basis.

2.2 "Deliverables" means any estimate, takeoff, quantity, price, rate, labor-hour figure, schedule, scope sheet, leveling sheet, proposal, report, calculation, file, message, or other output we prepare or provide to you in connection with the Services, in any format.

2.3 "Client Materials" means all drawings, plans, specifications, project manuals, addenda, bid forms, invitations to bid, historical cost data, templates, pricing, quotes, software access, instructions, and other information or materials provided by or on behalf of Client, or obtained from owners, architects, engineers, general contractors, plan rooms, or other third parties for Client's project.

2.4 "Personnel" means the estimators, coordinators, reviewers, managers, and other individuals engaged by Company (as employees, contractors, or through affiliates) to perform the Services.

2.5 "AI Tools" means software, automation, and artificial-intelligence-assisted tools used in performing the Services, including Company's proprietary Build Intel software and Dexter co-estimator, and third-party estimating, takeoff, and productivity software.

2.6 "Agreement" means any signed client services agreement, statement of work, proposal, or order between Company and Client, together with these Terms.

3. Nature of the Services

3.1 The Services are construction estimating and pre-construction support services only. The Services are not, and shall not be construed as, engineering, architectural, surveying, legal, accounting, insurance, bonding, or other licensed professional services. No Deliverable bears, or is a substitute for, a professional seal, stamp, or certification.

3.2 Company does not design, build, supervise, inspect, or manage construction work, does not verify field conditions, and does not interpret codes, laws, or contract documents on Client's behalf. Any code, specification, or contract observation in a Deliverable is informational only.

3.3 Company acts as an independent service provider. Nothing in these Terms or the Services creates a fiduciary, agency, partnership, joint-venture, or employment relationship between Company (or its Personnel) and Client.

4. No guarantee of results

4.1 COMPANY DOES NOT GUARANTEE, AND MAKES NO PROMISE OR REPRESENTATION REGARDING, ANY BUSINESS RESULT, INCLUDING WITHOUT LIMITATION: THAT ANY BID WILL BE WON OR AWARDED; ANY WIN RATE, NUMBER OF BIDS, OR NUMBER OF INVITATIONS; ANY REVENUE, MARGIN, PROFIT, OR SAVINGS; ANY PROJECT COST, SCHEDULE, OR OUTCOME; OR THE RESPONSIVENESS OR PRICING OF ANY SUBCONTRACTOR, SUPPLIER, OWNER, OR GENERAL CONTRACTOR.

4.2 Any examples, statistics, sample Deliverables, calculators, or descriptions on the Site or in our communications are illustrative only and are not a promise of any particular result for Client.

5. No warranty of accuracy

5.1 All quantities, takeoffs, measurements, unit rates, labor hours, production rates, prices, market data, subcontractor and supplier quotes, and other Deliverables are estimates and professional opinions prepared from the information available at the time, including Client Materials that may be incomplete, inconsistent, or subject to change.

5.2 DELIVERABLES MAY CONTAIN ERRORS, OMISSIONS, OR INACCURACIES. COMPANY DOES NOT WARRANT THAT ANY DELIVERABLE IS ACCURATE, COMPLETE, CURRENT, OR FIT FOR ANY PARTICULAR PURPOSE, OR THAT ACTUAL QUANTITIES OR COSTS WILL NOT DIFFER FROM THE ESTIMATE.

5.3 Market data, cost databases, material prices, subcontractor and supplier quotes, and other third-party information are provided "as is," as received or compiled, without verification of accuracy or availability, and may change at any time.

6. Client review and sole responsibility

6.1 Client shall independently review, check, verify, and approve every Deliverable before relying on it, using it, or submitting any bid, proposal, quote, or price based on it, including checking quantities against the current drawings and addenda and confirming pricing, labor, markups, and scope.

6.2 Client is solely responsible for all final bid prices, quantities, scope inclusions and exclusions, alternates, qualifications, schedules, markups, bonding and insurance decisions, compliance with codes, specifications, and bid requirements, contract terms, and all business decisions, whether or not based in whole or in part on a Deliverable.

6.3 Client's submission of any bid, proposal, quote, or price, or other use of a Deliverable, constitutes Client's acceptance of that Deliverable and Client's assumption of full responsibility for its use and for the resulting bid or decision.

6.4 If Client identifies an apparent error or omission in a Deliverable, Client shall notify Company promptly and before use; Company will review and, where appropriate, correct the Deliverable as its sole obligation.

7. Client Materials

7.1 Company relies on Client Materials and on information supplied by Client and third parties, and is entitled to assume they are complete, accurate, current, and authorized for Company's use. Company has no duty to independently verify Client Materials.

7.2 Company is not responsible for any error, omission, ambiguity, conflict, revision, missing sheet, missing or late addendum, or other defect in Client Materials, or for any consequence of relying on them. Client is responsible for providing complete and current documents, promptly communicating all addenda, revisions, and clarifications, and confirming which document set governs.

7.3 Client represents that it has the right to provide Client Materials to Company for use in the Services and that such use will not infringe any third party's rights or breach any confidentiality obligation.

8. AI and software tools

8.1 Company may use AI Tools and other software in performing the Services, including to read documents, assist with takeoffs, organize outreach, level scopes and quotes, and run quality checks. Outputs of AI Tools are reviewed by Personnel, but AI Tools may produce errors, omissions, or inaccurate results.

8.2 The use of AI Tools does not change the nature of the Deliverables as estimates, and Client's review obligations in Section 6 apply fully to any Deliverable prepared with the assistance of AI Tools.

9. Disclaimer of warranties

9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, THE DELIVERABLES, AND ALL AI TOOLS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AND QUIET ENJOYMENT, AND ANY WARRANTY THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

9.2 Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the above exclusions apply to the fullest extent permitted.

10. Limitation of liability

10.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS MEMBERS, MANAGERS, OFFICERS, PERSONNEL, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BIDS, LOST OR UNAWARDED CONTRACTS, LOSS OF BUSINESS OR GOODWILL, BID OR PRICING ERRORS, COST OVERRUNS, CHANGE ORDERS, BACK-CHARGES, DELAY, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, OR ANY DELIVERABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICES, AND ALL DELIVERABLES SHALL NOT EXCEED THE FEES ACTUALLY PAID BY CLIENT TO COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10.3 The parties agree that the disclaimers, exclusions, and limitations in Sections 4, 5, 9, and 10 are an essential basis of the bargain, reflect a reasonable allocation of risk, and apply even if a limited remedy fails of its essential purpose. Any claim must be brought within one (1) year after the event giving rise to it.

11. Indemnification

11.1 Client shall defend, indemnify, and hold harmless Company and its members, managers, officers, Personnel, and affiliates from and against all claims, demands, losses, damages, liabilities, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Client's use of or reliance on any Deliverable; (b) any bid, proposal, quote, price, or contract submitted or entered into by Client; (c) Client Materials, including any claim that their use infringes or misappropriates a third party's rights; (d) Client's breach of these Terms or applicable law; and (e) any third-party claim relating to Client's projects.

11.2 Company will give Client prompt notice of any claim for which it seeks indemnification, and Client may not settle any claim that imposes an obligation on Company without Company's prior written consent.

12. Deadlines and turnaround

12.1 Any delivery date, turnaround time, or schedule communicated by Company is a good-faith target, not a guarantee. Company will use commercially reasonable efforts to meet agreed target dates.

12.2 Company is not liable for any missed deadline or bid date, including any delay caused by late, incomplete, or changed Client Materials, addenda issued close to the bid date, changes in scope or instructions, delayed responses from Client or third parties, or events beyond Company's reasonable control. Client remains responsible for meeting its own bid deadlines.

13. Fees, invoicing, and payment

13.1 Fees, billing frequency, and payment terms are set out in the applicable Agreement or invoice. Unless otherwise stated there, invoices are due upon receipt, and fees are exclusive of taxes, which Client shall pay (other than taxes on Company's income).

13.2 Amounts not paid when due may accrue a late charge of the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, and Client shall reimburse Company's reasonable costs of collection, including attorneys' fees.

13.3 Company may suspend or withhold Services and Deliverables while any amount is past due, without liability for any resulting delay or missed deadline. Fees are non-refundable except as expressly stated in a signed Agreement.

14. Confidentiality and data

14.1 Each party may receive non-public business, technical, or financial information of the other ("Confidential Information"). The receiving party shall use the other party's Confidential Information only to perform or receive the Services, protect it with at least reasonable care, and disclose it only to its personnel, contractors, and advisors who need to know it and are bound by confidentiality obligations. Client Materials and Client pricing are Client's Confidential Information; Company's methods, templates, tools, pricing, and Personnel information are Company's Confidential Information.

14.2 Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully received from a third party, and do not prevent disclosure required by law, provided (where lawful) prompt notice is given.

14.3 Company may retain copies of Client Materials and Deliverables as needed for its records, quality assurance, and legal compliance, subject to this Section. Company may also create and use de-identified, anonymized, or aggregated data (which does not identify Client or any project) to operate, improve, and develop its services and tools, including AI Tools.

14.4 Personal information collected through the Site is handled as described in our Privacy Policy.

15. Intellectual property

15.1 Company retains all right, title, and interest in and to its methods, processes, know-how, templates, checklists, databases, software, and tools, including Build Intel and Dexter, and all improvements to them, whether or not developed in the course of the Services ("Company IP"). No rights in Company IP are granted except as expressly stated here.

15.2 Upon Company's receipt of full payment for the applicable Services, Client receives a non-exclusive, non-transferable, perpetual license to use the Deliverables for Client's internal business purposes, including preparing and submitting bids for the relevant projects. Client retains ownership of Client Materials and grants Company a license to use them to perform the Services.

15.3 The Site, its content, design, text, graphics, and logos are owned by Company or its licensors and may not be copied, reproduced, or used without Company's written permission, except for viewing and printing for your own non-commercial reference.

16. Personnel and non-solicitation

16.1 All Personnel are engaged, managed, and compensated by Company. Company is an independent contractor to Client, and no Personnel shall be deemed an employee, agent, or contractor of Client. Company is responsible for Personnel compensation, taxes, and benefits.

16.2 During the term of the engagement and for twelve (12) months after its end, Client shall not, directly or indirectly (including through an affiliate, recruiter, or other third party), solicit for employment, hire, or engage as an employee, contractor, or consultant any Personnel who performed Services for Client, without Company's prior written consent. General advertisements not targeted at Personnel do not by themselves breach this Section.

16.3 If Client breaches Section 16.2, Client shall pay Company, as a placement fee and not as a penalty, an amount equal to twelve (12) months of the fees charged for the services of that individual at the rate in effect when the engagement ended, which the parties agree is a reasonable estimate of Company's recruiting, training, and replacement costs that would be difficult to calculate precisely. This Section applies to the extent permitted by applicable law and does not limit Company's right to seek injunctive relief.

17. Term, termination, and survival

17.1 The term of any engagement and any notice period for termination are set out in the applicable Agreement. Absent a signed Agreement, either party may end an engagement on thirty (30) days' written notice.

17.2 Either party may terminate an engagement immediately on written notice if the other party materially breaches these Terms and fails to cure within ten (10) days after notice, or becomes insolvent. Company may terminate immediately for non-payment or if Client uses the Services unlawfully.

17.3 On termination, Client shall pay all fees accrued through the effective date. Sections 3 through 11, 13 through 16, and 18 through 21, and any other provision that by its nature should survive, survive termination or expiration.

18. Force majeure

18.1 Company is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, government action, labor disputes, failures or outages of the internet, telecommunications, electrical power, cloud platforms, software, or third-party services, cyberattacks, or unavailability of Personnel due to such events. Performance dates are extended for the duration of the event.

19. Governing law, disputes, and waivers

19.1 These Terms and any dispute arising out of or relating to them, the Site, or the Services are governed by the laws of the State of New York, without regard to its conflict-of-laws rules.

19.2 Before starting any proceeding, the parties shall attempt in good faith to resolve any dispute informally for at least thirty (30) days after written notice describing the dispute. Either party may seek injunctive relief at any time to protect its intellectual property, Confidential Information, or rights under Section 16.

19.3 Subject to Section 19.2, the state and federal courts located in Kings County or New York County, New York, have exclusive jurisdiction and venue over any such dispute, and each party consents to personal jurisdiction there.

19.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES.

19.5 ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

20. Order of precedence

20.1 If Client and Company have signed a client services agreement, contract, or statement of work, that signed document prevails over these Terms to the extent of any conflict. Otherwise, these Terms apply in full, and any different or additional terms in Client's purchase orders or other documents are rejected.

21. Website use and general terms

21.1 Acceptable use. You may use the Site only for lawful purposes. You shall not attempt to gain unauthorized access to the Site or its systems, interfere with its operation, introduce malicious code, scrape or harvest data by automated means except as permitted by our robots.txt file, submit false or misleading information, or use the Site to send spam.

21.2 Website content. Content on the Site, including articles, guides, calculators, sample Deliverables, and FAQs, is general information only, is not professional advice, and is provided without warranty. Calculator outputs are rough illustrations, not estimates. See our Estimating Services Disclaimer.

21.3 Third-party links. The Site may link to third-party websites and services that we do not control. We are not responsible for their content, policies, or practices, and a link is not an endorsement.

21.4 Changes. We may update these Terms at any time by posting a revised version on the Site with a new effective date. Changes apply to use of the Site and to Services requested after the effective date; they do not change a signed Agreement unless that Agreement says so.

21.5 Severability; waiver; assignment. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. Client may not assign these Terms without Company's written consent; Company may assign them in connection with a merger, acquisition, or sale of assets.

21.6 Entire agreement. These Terms, together with any signed Agreement and our Privacy Policy, are the entire agreement between the parties about their subject matter and supersede all prior understandings about it.

21.7 Notices. Notices to Company must be sent by email to Estimate@Biddingenterprise.com and by mail to Bidding Enterprise LLC, Kings Plaza, Brooklyn, NY 11234, United States. Notices to Client may be sent to the email or address Client has provided. Email notices are effective when sent, absent a delivery-failure notice.

21.8 Effective date. These Terms are effective as of September 29, 2026.

22. 15 Days of Free Estimating — Offer Terms

22.1 The offer. Company may, in its sole discretion, offer prospective clients up to fifteen (15) days of Services without charge for Company's professional estimating services (the "Offer," and such period, the "Free Estimating Period"). Except as provided in Section 22.6, no fees are charged for Services performed during the Free Estimating Period. The Offer may apply to Services provided on a full-time, part-time, or as-needed basis, as determined by Company.

22.2 Eligibility and qualification. Eligibility for, and qualification under, the Offer are determined solely by Company, in its sole and absolute discretion. Submitting a request, form, or application, or receiving any acknowledgment or other communication from Company, does not guarantee acceptance and does not obligate Company to provide any Services.

22.3 Right to refuse service. Company reserves the right to refuse service to any person or company, and to decline, suspend, modify, or withdraw the Offer, in whole or in part, at any time, for any reason or no reason, without notice and without liability.

22.4 Limitations. The Offer is limited to one (1) per company, including its parents, subsidiaries, affiliates, and any group of commonly owned or controlled entities (an "affiliated group"), and is available to new clients only. Company determines, in its sole discretion, whether a person or company is a new client or part of an affiliated group. The Offer is non-transferable, may not be combined with any other offer unless Company agrees in writing, and has no cash value.

22.5 Scope of free work. The scope, type, volume, and hours of Services provided during the Free Estimating Period are determined by Company and may be limited. Company has no obligation to perform any particular project, bid, trade, or quantity of work during the Free Estimating Period.

22.6 Software, tools, and third-party costs. The Offer covers Company's professional estimating services only. Company may charge for third-party or proprietary software, AI Tools, licenses, subscriptions, plan-room or data access, and similar tools or services used to perform the work, during or after the Free Estimating Period, as disclosed to Client. Where Personnel work in Client's own software, Client is responsible for providing and maintaining the necessary access and licenses.

22.7 Deliverables; no guarantee. All Services and Deliverables provided during the Free Estimating Period are Services and Deliverables under these Terms and are provided without any guarantee of results or accuracy. Sections 4 through 10 and the Estimating Services Disclaimer apply to them in full, and Client shall review and verify all Deliverables in accordance with Section 6 before using or relying on them.

22.8 Continuation; no obligation. Client has no obligation to continue after the Free Estimating Period. At the end of the Free Estimating Period, the Services end unless Client elects to continue by signing a client services agreement. Continued Services are provided under a quarterly agreement with a three (3) month term that renews for successive three-month terms until cancelled in accordance with that agreement.

22.9 Early termination. Company may end the Free Estimating Period early, on notice to Client, including where Company reasonably believes there has been misuse of the Offer or the Services, a failure by Client to provide timely information, access, or cooperation, a conflict of interest, or a breach of these Terms, or for any other reason Company determines in its sole discretion.

22.10 Governing terms and precedence. The Offer is governed by these Terms. This Section 22 prevails over any description of the Offer in advertising, websites, emails, social media, sales communications, or other marketing materials, and no statement in such materials modifies or adds to it. If Client and Company sign an Agreement that addresses the Offer, Section 20 applies. Sections 22.6, 22.7, and 22.10 survive the end of the Free Estimating Period.

Contact

Bidding Enterprise LLC · Kings Plaza, Brooklyn, NY 11234, United States · Estimate@Biddingenterprise.com · 718-717-2729

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