1. Agreement to Terms
By creating an account or using FastBid (“Service”), operated by FastBid Inc. (“Company,” “we,” “us”), you (“User,” “you”) agree to these Terms of Service (“Terms”). If you do not agree, do not use the Service. By clicking “Sign Up,” “Create Account,” or similar, you confirm acceptance of these Terms, forming a legally binding agreement.2. Description of Service
FastBid is a web-based construction takeoff and estimation platform that allows users to upload construction plans (PDF format), perform digital measurements (count, linear, area), create cost estimates, and export results. The Service is provided on a subscription basis via the internet and requires no software installation.3. Account Registration
You must provide accurate, complete information when registering. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You must be at least 18 years old to use the Service. You agree to notify us immediately of any unauthorized use of your account.4. Subscription Plans and Payment
4.1 Plans
FastBid offers multiple subscription tiers (Free, Starter, Plus, and Business) with varying features and limits as described on our pricing page. Feature availability, usage limits, and pricing are subject to change with 30 days’ written notice.4.2 Billing
Paid subscriptions are billed monthly or annually in advance. All fees are stated in U.S. dollars and are non-refundable except as required by applicable law. We use third-party payment processors (e.g., Stripe) and do not store your full payment information on our servers.4.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period.4.4 Price Changes
We may change subscription pricing with at least 30 days’ notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.4.5 Taxes
You are responsible for all applicable taxes associated with your subscription, except for taxes based on our net income.5. Acceptable Use
You agree not to:- Use the Service for any unlawful purpose or in violation of any applicable laws
- Upload content that infringes on third-party intellectual property rights
- Attempt to gain unauthorized access to the Service, other accounts, or related systems
- Reverse engineer, decompile, or disassemble any part of the Service
- Use the Service to develop a competing product or service
- Share your account credentials with unauthorized parties
- Use automated means (bots, scrapers) to access the Service without written permission
- Upload malicious files, viruses, or harmful code
- Interfere with or disrupt the integrity or performance of the Service
- Resell, sublicense, or redistribute access to the Service
6. User Content and Data
6.1 Ownership
You retain all ownership rights to content you upload to FastBid, including construction plans, project data, estimates, and exported files (“User Content”). We claim no ownership over your User Content.6.2 License
By uploading User Content, you grant us a limited, non-exclusive license to store, process, display, and transmit your content solely for the purpose of providing the Service to you. This license terminates when you delete your content or close your account.6.3 Responsibility
You are solely responsible for your User Content and represent that you have the right to upload and use all content you provide to the Service. You acknowledge that construction plans may be subject to third-party copyright and you are responsible for obtaining necessary permissions.6.4 Data Export
You may export your data at any time during your active subscription using the export features provided. Upon account termination, you will have 30 days to export your data before it is permanently deleted.7. Intellectual Property
The Service, including its software, design, features, documentation, and branding, is owned by FastBid Inc. and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.8. Accuracy Disclaimer
IMPORTANT: FastBid is a measurement and estimation tool. All takeoff quantities, measurements, cost estimates, and calculations generated by the Service are approximations intended to assist your estimating workflow. You are solely responsible for verifying the accuracy of all measurements, quantities, and estimates before relying on them for bidding, purchasing, construction, or any other purpose. We do not guarantee the accuracy of any measurement, calculation, or estimate produced by the Service.
Construction estimation inherently involves professional judgment. The Service does not replace the need for qualified estimating expertise. Errors in scale calibration, plan interpretation, unit costs, or other inputs may result in inaccurate outputs. You acknowledge that construction decisions based on estimates involve inherent risk and that you assume full responsibility for all decisions made using output from the Service.
9. Service Availability
We strive to maintain reliable Service availability but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to provide advance notice of planned maintenance.10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FASTBID INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM:
- Inaccurate measurements, quantities, or estimates produced by the Service
- Errors in scale calibration or plan interpretation
- Decisions made in reliance on output from the Service, including but not limited to bid submissions, material purchases, labor scheduling, or construction activities
- Loss of or damage to your data, except where caused by our gross negligence
- Third-party actions, products, or services
- Service interruptions or downtime
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.12. Indemnification
You agree to indemnify, defend, and hold harmless FastBid Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) any claim that your use of the Service caused damage to a third party.13. Termination
13.1 By You
You may cancel your subscription and close your account at any time.13.2 By Us
We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or if required by law. We may also terminate accounts that have been inactive for 12 or more consecutive months with 30 days’ notice.13.3 Effect of Termination
Upon termination, your right to use the Service ceases immediately. You will have 30 days to export your data. After 30 days, we may permanently delete all User Content associated with your account. Sections 6.1, 7, 8, 10, 11, 12, and 15 survive termination.14. Changes to Terms
We may update these Terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Your continued use of the Service after changes become effective constitutes acceptance. If you disagree with updated Terms, your remedy is to cancel your account before the changes take effect.15. Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.15.2 Arbitration
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place in Austin, Texas. Each party shall bear its own costs. The arbitrator’s decision shall be final and binding.15.3 Class Action Waiver
You agree that disputes will be resolved on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.15.4 Exceptions
Either party may seek injunctive or equitable relief in court for intellectual property infringement or unauthorized use.16. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and FastBid Inc.
- Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
- Waiver: Failure to enforce any provision does not constitute a waiver of that provision.
- Assignment: You may not assign these Terms without our consent. We may assign our rights without restriction.
- Notices: We may provide notices via email, in-app notification, or posting on the Service.
- Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.
17. Contact
For questions about these Terms, contact us at:FastBid Inc. * Email: legal@fastbid.io
- Website: [https://fastbid.io](https://fastbid.io)