This document applies to use of BidKit. Related legal documents in the legal center may also apply depending on how the platform is used.
Overview
BidKit provides software and related services for businesses to create, send, approve, and manage project documents, communications, and payment-ready client links.
By accessing or using BidKit, you agree to these Terms of Use, our Privacy Policy, our Cookie Policy, our Online Payments Terms, our E-Sign Consent, and our Platform Rules to the extent they apply to your use.
Eligibility and Accounts
You must be legally able to enter into a binding agreement to use the platform. If you use the platform on behalf of a business, you represent that you have authority to bind that business to these terms.
You are responsible for maintaining accurate account information, controlling access to your login credentials, and all activity that occurs under your account.
- Use accurate identity, billing, and business information.
- Keep verification codes, passwords, and device access secure.
- Promptly update contact information when it changes.
Subscriptions, Plans, and Billing
Paid plans, add-ons, or other commercial features may be offered on recurring or one-time terms. Fees, plan limits, renewal timing, and cancellation rules may be described in an order form, checkout flow, pricing page, or other written agreement.
Unless otherwise stated, fees are non-refundable after the applicable service period begins, except where required by law or where we expressly agree otherwise in writing.
Documents, Communications, and Approvals
The platform may allow you to create estimates, invoices, payment schedules, notes, terms, email messages, and other customer-facing records. You are solely responsible for the accuracy, legality, timing, and business suitability of the content you send.
Electronic approvals, signatures, comments, and status changes captured through the platform are tools you may choose to use. You remain responsible for determining whether a document, approval, or signature flow is enforceable for your use case and jurisdiction.
Online Payments
If online payments are enabled for a business, BidKit may facilitate payment collection through third-party processors and service providers. The business receiving payment is responsible for the goods or services described in the underlying estimate or invoice.
Payment-related terms, fee disclosures, authorizations, reversals, failed payments, disputes, and processor requirements are described further in our Online Payments Terms, which are incorporated into these terms by reference.
Your Content and License
You retain ownership of content you upload or generate through the platform, subject to any rights needed for us and our service providers to host, process, transmit, display, back up, and secure that content in order to operate the services.
You represent that you have the rights needed to submit the content you provide, including customer information, project data, trademarks, logos, photos, attachments, and signed records.
Third-Party Services
The platform may rely on third-party services such as payment processors, email delivery providers, hosting providers, and authentication or infrastructure vendors. Those services may be governed by separate third-party terms and policies.
We are not responsible for delays, outages, security incidents, eligibility decisions, holds, or other actions taken by third-party providers outside our reasonable control.
Prohibited Conduct
You may not use the platform to engage in unlawful, deceptive, abusive, or harmful activity, or in any way that interferes with the operation, security, or integrity of the services.
- Do not send fraudulent, misleading, or unauthorized estimates, invoices, or payment requests.
- Do not violate privacy, intellectual property, consumer protection, payments, or anti-spam laws.
- Do not attempt to bypass access controls, scrape restricted data, reverse engineer protected services, or interfere with platform availability.
Disclaimers and Liability Limits
The platform is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation.
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption arising out of or related to the platform.
Our aggregate liability for claims arising from the platform will not exceed the amounts you paid to us for the specific service giving rise to the claim during the six months before the event first giving rise to liability, unless a different limit is required by applicable law.
Suspension, Termination, and Changes
We may suspend or restrict access if we reasonably believe you have violated these terms, created risk for the platform or other users, or used the service in a way that may expose us or others to legal, financial, or security harm.
We may update these terms from time to time. If we make material changes, we may provide notice through the platform, by email, or by posting an updated effective date. Continued use after the effective date means you accept the revised terms.
Governing Law and Contact
These terms are intended to be enforced to the maximum extent permitted by applicable law. If a separate written agreement between you and us includes governing law, venue, arbitration, or notice terms, that agreement will control to the extent of any conflict.
For legal, compliance, or support questions about these terms, use the support or notice contact details that we make available on the platform or in your subscription or onboarding materials.