Terms of Service

Welcome to BidBud, available at bidbud.app (the “Site”) and through the BidBud mobile application for iPhone and Android (the “App”, and together with the Site and the estimate and invoice pages we host, the “Services”). The Services are operated by Common Swift Technologies LLC (“BidBud”, “we”, “us” or “our”).

These Terms of Service (the “Terms”) are a binding agreement between you (“you”) and Common Swift Technologies LLC. If you use the Services on behalf of a business, you confirm that you have authority to bind that business, and “you” includes it.

BidBud is a tool for contractors. From photos and a description of a job it drafts a scope of materials, labor and equipment, looks up retail prices for materials near the job, applies your labor rates, markup and tax, and produces estimates and invoices you can send to your clients by email or link. Clients can view the document, download a PDF and approve an estimate online.

BidBud is software. We are not a contractor, estimator, supplier, accountant, lawyer or payment processor, and we are not a party to any agreement between you and your clients. The scopes, prices and documents the Services produce are drafts and tools for you to review and use at your own judgment.

• Age and capacity. The Services are intended for business use by people who are at least 18 years old and able to enter into a binding contract. People under 18 may not use the Services.
• Anonymous accounts. On first launch the App creates an account linked to an identifier generated on your device. That account, and everything in it, is tied to that device until you add an email and password or sign in with Apple or Google. If you lose or reset the device before doing so, we cannot recover the account.
• Credentials. You are responsible for keeping your password, your device and your Apple or Google sign-in secure, and for everything done through your account. Tell us at support@bidbud.app right away if you believe your account has been accessed without permission. “Sign out everywhere” in Settings invalidates every signed-in device.
• Accurate information. The business details you enter are printed on documents sent to your clients. You agree that they are accurate and that you are entitled to use them, including any license number and logo.
• One person per account. Accounts are for a single contractor or business. You may not sell, transfer or share an account, or create accounts to get around free-tier limits or a suspension.

Free tier

Free accounts may build a limited number of estimates, currently three, each with a limited number of re-runs and voice edits. A project counts toward the limit on its first successful AI run. The limit is counted per account and per device, so deleting projects or creating a new anonymous account on the same device does not reset it. We may change the free allowance at any time.

Premium

• Purchases go through the app stores. Premium is sold as an auto-renewing subscription through the Apple App Store or Google Play. The price, billing period and any free trial are shown in the store before you buy. Payment is collected by Apple or Google under their terms, and we never see your payment details.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price unless you cancel at least 24 hours before the period ends. You manage and cancel the subscription in your App Store or Google Play account settings, not in the App. Deleting the App or your account does not cancel a subscription.
• Refunds. Refunds are handled by Apple or Google under their policies, and we cannot issue them ourselves. Except where the law requires, charges are non-refundable and we do not prorate partial periods. If you believe you were charged in error, contact the store or email support@bidbud.app and we will help where we can.
• Entitlement. Premium removes the free-tier limits while the subscription is active, including any grace period the store allows. We rely on the store and our subscription provider, Adapty, to tell us your status; if it is out of date, use “Restore purchases” in the App or contact us.
• Price changes. We may change Premium prices. The store will notify you and, where required, ask for your consent before a new price applies to a renewal.
• Fair use. Premium is for one contractor or business. To keep the service affordable we may apply reasonable hourly or daily limits on AI runs, dictation and emails even for Premium users.

• You own your content. Photos, descriptions, scopes, prices, client records, logos, terms, estimates, invoices and anything else you put into the Services (“Your Content”) remain yours.
• License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit and display Your Content solely to provide, secure and improve the Services for you, including sending it to the service providers named in our Privacy Policy. This license ends when you delete the content or your account, except for copies that must be kept as described in the Privacy Policy and for frozen copies of documents already sent to clients.
• You are responsible for Your Content. You confirm that you have the right to upload it, including the right to photograph the property, to use any logo, and to store and contact the clients whose details you save. You are the controller of your clients’ personal information; we process it on your instructions. You must give your clients any notice and obtain any consent the law requires before entering their details or sending them documents.
• Contacts import. Importing a client from your phone’s contacts happens on your device. Only the fields you choose to save are sent to us.
• Removal. We may remove or refuse content that violates these Terms or the law, and we may suspend accounts that upload it.

• They are your documents. Every estimate and invoice is issued by you, in your business name, to your client. You are solely responsible for its contents, including quantities, prices, labor, markup, tax rates and amounts, terms, deposit and payment instructions, and for complying with any licensing, consumer protection, tax, invoicing and lien laws that apply to your trade and location.
• We are not a party. Any contract formed when a client approves an estimate is between you and the client. We do not guarantee that an online approval is binding or enforceable in your jurisdiction, and we provide the approval record (name, optional email, drawn signature, time and IP address) as a convenience only. Obtain whatever form of agreement your situation requires.
• No payments through us. The Services record payments you tell us about; we do not collect, hold or transfer money. Payment instructions on your documents are yours, and we are not responsible for payments made to them.
• Share links. Each document link is unguessable but not password-protected. Anyone with the link can view the document, download the PDF and, for estimates, approve it. You are responsible for who you share links with. You can revoke a link at any time in the App.
• Email sending. Documents are emailed from our address with your email as the reply-to. You may only send documents to people who have asked you for them or who reasonably expect them. Sending limits apply, and we may stop sends that look like spam.
• Frozen copies. When a document is sent we keep a copy of your business details as they were; once an estimate is approved or an invoice paid that copy is frozen so the record matches what the client saw.

Nothing in the Services is professional advice. You remain responsible for the accuracy and completeness of every estimate and invoice, and for any loss that results from a scope or price that turned out to be wrong.

You agree not to, and not to let anyone else:

• use the Services for anything unlawful, fraudulent or deceptive, including issuing estimates or invoices for work you do not intend or are not licensed to perform;
• send unsolicited email, use the Services to harass anyone, or send documents to people who have not asked for them;
• upload content that infringes someone’s rights, is unlawful, or contains malware;
• upload photos of people or private property you have no right to photograph;
• create multiple accounts, spoof device identifiers or otherwise evade free-tier limits, rate limits or a suspension;
• access the Services by any means other than the App and the Site, or scrape, crawl, probe, overload, reverse engineer or interfere with them, except where the law allows despite this clause;
• resell, sublicense or offer the Services to third parties, or use them to build a competing product;
• use the Services to extract AI outputs at scale, or use them to train a machine learning model;
• attempt to access another user’s account, documents or share links, or test the security of the Services without our written permission.

We may investigate suspected violations, remove content, apply limits, and suspend or terminate accounts without notice when needed to protect the Services or other users.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to install and use the App on devices you own or control, for your own business, as permitted by the usage rules of the store you got it from. All other rights are reserved.

The following applies when you download the App from the Apple App Store or Google Play (each an “App Distributor”):

• These Terms are between you and us only, not the App Distributor. We, not the App Distributor, are solely responsible for the App and its content.
• The App Distributor has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify the App Distributor, which may refund the purchase price to you to the extent permitted by its terms. The App Distributor has no other warranty obligation for the App.
• We, not the App Distributor, are responsible for addressing any claim by you or a third party relating to the App, including product liability, regulatory compliance and consumer protection claims, and for investigating and resolving any claim that the App infringes third-party intellectual property rights.
• You confirm that you are not located in a country subject to a US government embargo or designated a “terrorist supporting” country, and that you are not on any US government list of prohibited or restricted parties.
• You must comply with any applicable third-party terms when using the App, for example your mobile carrier’s terms.
• The App Distributor and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

The Services depend on third parties, including OpenAI for scope drafting, dictation and voice edits, Serper.dev for retail price search, Zippopotam and OpenStreetMap for location lookups, Supabase and Amazon Web Services for hosting, email and storage, Adapty for subscriptions, and Apple and Google for sign-in, notifications and billing. Their availability and accuracy are outside our control, and we are not responsible for their acts or omissions. Retailer links in price quotes lead to sites we do not operate; your dealings with those retailers are solely between you and them.

Sign in with Apple and Google Sign-In are subject to Apple’s and Google’s terms. If you remove the App’s access in your Apple or Google account, add another sign-in method first or you may lose access to your account.

The Services, including the App, the Site, their design, software, text, graphics, trademarks and the BidBud name and logo, are owned by us or our licensors and protected by intellectual property laws. Except for the license above and Your Content, nothing in these Terms gives you any right in the Services. You may not use our name or logo without our written permission, other than as it appears automatically on documents produced by the Services.

If you send us ideas, suggestions or other feedback, you grant us a perpetual, irrevocable, royalty-free right to use it for any purpose without obligation to you.

Our Privacy Policy explains what information we collect, how we use it, who we share it with, how long we keep it and the rights you have. It forms part of these Terms. In short: we use your content to provide the Services, we send job content to AI and pricing providers but not your identity, we do not sell personal information, and you can delete your account in the App.

• Availability. We aim to keep the Services available but do not guarantee uninterrupted or error-free operation. Maintenance, outages at our providers, and events outside our control can interrupt them.
• Limits. To protect the Services and control costs we apply limits, for example on AI runs per hour, dictation sessions, image sizes and counts, emails per day and accounts per network. Limits may change without notice. Requests over a limit are refused and can be retried later.
• Changes. We may add, change or remove features, change prices and free allowances, and release updates that you may need to install to keep using the App. We may discontinue the Services with reasonable notice; where we do, you will be able to export your documents as PDFs beforehand.
• Beta features. Features marked as beta or experimental are provided for evaluation and may be changed or withdrawn at any time.

• By you. You can stop using the Services at any time and delete your account in Settings. Deletion is described in the Privacy Policy; an active subscription must be cancelled separately with Apple or Google.
• By us. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we must do so by law, if your use creates risk or cost for us or other users, or if your account has been inactive for a long period. Where practical we will tell you why and give you a chance to export your documents.
• Effect. On termination your license to use the App ends. Documents you already sent to clients remain with them. Sections that by their nature should survive, including those on content, disclaimers, liability, indemnification, disputes and general terms, survive termination.

THE SERVICES, INCLUDING ALL AI OUTPUT, SCOPES, PRICES, DOCUMENTS AND APPROVAL RECORDS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, SECURE OR ERROR-FREE, THAT PRICES WILL BE CURRENT OR AVAILABLE, OR THAT AN ESTIMATE WILL BE SUFFICIENT FOR A JOB. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, CONTRACTS, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE ADVISED OF THE POSSIBILITY. THIS INCLUDES LOSSES FROM AN INACCURATE SCOPE, QUANTITY OR PRICE, A DOCUMENT SENT TO THE WRONG PERSON, A SHARE LINK FORWARDED BY SOMEONE ELSE, A CLIENT WHO DOES NOT PAY, OR A LOST ANONYMOUS ACCOUNT.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNT YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, SUCH AS LIABILITY FOR FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE.

You will defend, indemnify and hold harmless Common Swift Technologies LLC and its officers, members, employees and contractors from any claim, demand, loss, liability, cost or expense, including reasonable legal fees, arising out of or relating to Your Content, the estimates, invoices and other documents you issue, your dealings with your clients and suppliers, your breach of these Terms or of any law, or your infringement of anyone’s rights. We may take over the defense of any matter subject to indemnification, in which case you will cooperate with us.

• Talk to us first. Before starting any formal proceeding, you agree to email support@bidbud.app with a description of the dispute and what you want, and to try in good faith to resolve it with us informally for at least thirty (30) days. We will do the same, writing to the email on your account.
• Binding arbitration. If we cannot resolve the dispute informally, any dispute, claim or controversy arising out of or relating to these Terms or the Services, including its existence, validity or termination, will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs this section. The arbitrator, not a court, decides whether a dispute is arbitrable.
• Where and how. The arbitration will take place in New York, New York, unless we agree otherwise or the AAA rules allow it to be held by video, phone or on documents alone. The arbitrator may award the same individual relief a court could. Judgment on the award may be entered in any court with jurisdiction.
• Costs. AAA fees are allocated under its Consumer Arbitration Rules. If your claim is for less than USD $10,000 we will pay the filing and arbitrator fees, unless the arbitrator finds the claim frivolous.
• Individual basis only. Arbitration will be conducted on an individual basis. You and we waive any right to bring or take part in a class, consolidated, collective or representative action or arbitration, or to have any claim heard as a private attorney general. If this waiver is found unenforceable as to a particular claim, that claim will proceed in court, not in arbitration, and the rest of this section still applies.
• Jury waiver. To the extent a claim proceeds in court, you and we waive any right to a jury trial.
• Small claims and injunctions. Either party may bring an individual claim in small claims court if it qualifies. Either party may seek an injunction or other equitable relief in court to protect intellectual property or prevent unauthorized use of the Services.
• Thirty-day opt-out. You may opt out of this arbitration agreement by emailing support@bidbud.app within thirty (30) days after you first accept these Terms, stating your name, the email on your account and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
• Time limit. To the extent permitted by law, any claim arising out of or relating to the Services or these Terms must be brought within one (1) year after it arises, or it is permanently barred.
• Outside the United States. If you live in a jurisdiction whose consumer laws do not allow mandatory arbitration or the waivers above, those parts of this section do not apply to you, and you may bring claims in the courts of your home jurisdiction.

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of New York and the Federal Arbitration Act, excluding conflict-of-law rules. Where a claim may be brought in court under Section 18, you and we consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York, except that we may seek injunctive relief in any court with jurisdiction. If you are a consumer in the European Union, United Kingdom or another jurisdiction with mandatory consumer protection law, you also benefit from the mandatory provisions of the law of your country of residence.

You agree that we may communicate with you electronically, through the App, by push notification and by email to the address on your account, and that electronic notices satisfy any legal requirement that a communication be in writing. Service emails such as verification, password reset, document delivery and approval notices are part of the Services and cannot be turned off while you use the related feature. Push notifications are controlled in your device settings. We do not send marketing email without your consent, and you may unsubscribe from any marketing email we send.

We respect intellectual property rights and respond to notices under the Digital Millennium Copyright Act. If you believe content hosted through the Services infringes your copyright, email support@bidbud.app with: identification of the work; identification of the material and where it is located, for example a share link; your contact details; a statement that you have a good-faith belief the use is not authorized; a statement under penalty of perjury that the notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We may remove the material, notify the user who posted it, and terminate repeat infringers.

• Changes to these Terms. We may update these Terms. The “Last updated” date at the top shows the latest version. For material changes we will notify you in the App or by email before they take effect. Continuing to use the Services after a change means you accept it; if you do not, stop using the Services and delete your account.
• Entire agreement. These Terms, the Privacy Policy and any store terms that apply to a purchase are the entire agreement between you and us about the Services and replace any earlier agreement.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of the Terms remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign or transfer these Terms or your account. We may assign them in connection with a merger, acquisition, sale of assets or by operation of law.
• Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including outages at our providers, internet or power failures, acts of government, labor disputes, natural disasters, epidemics or war.
• Export. You will comply with applicable export control and sanctions laws when using the App.
• No third-party beneficiaries. Except for the App Distributors as stated in Section 9, these Terms create no rights for anyone other than you and us.
• Language. These Terms are written in English. Any translation is for convenience only; the English version controls.

Questions about these Terms, notices under them, and arbitration opt-outs go to support@bidbud.app.

• Company: Common Swift Technologies LLC
• Address: Caldwell, NJ 07006, United States
• Email: support@bidbud.app
• Website: https://bidbud.app